Assisted Voluntary Return of Irregular Migrants

This page explains the policy on our Assisted Voluntary Return of Irregular Migrants (AVRIM) programme for those who are in the United Kingdom illegally and wish to return to their home country. For more general information on AVRIM, see Voluntary return in the Asylum section.

Eligibility:

Applications for return under the AVRIM programme will be accepted by Choices (Refugee Action) from anyone* who is, or is the dependant of, a person who:

• has been accepted by the Home Office as a victim of trafficking;;
• has entered the United Kingdom illegally, having been smuggled from abroad;
• has otherwise entered the United Kingdom illegally;
• has been granted conditional leave to enter or to remain, but has breached one or more conditions of that leave;
• falls within the above categories, is detained by the Home Office and is detained solely in relation to immigration offences, except where the applicant has been assessed by Detention Services as violent and/or may pose a threat to Choices staff.

*except where:

• the applicant is involved in ongoing matters pertaining to the criminal justice system;
• a deportation order has been made against the person;
• arrangements for the person's return are already in place;
• prior to Choices receiving an application the applicant has received custodial sentences, in the United Kingdom, totalling in excess of 12 months.

Ineligible groups:

The programme is not open to those who:

• are British citizens or a national of Switzerland, or a national of an European Economic Area (EEA) state;
• have been granted humanitarian protection, indefinite leave to remain and / or refugee status;
• have sought asylum or humanitarian protection in the United Kingdom and have not withdrawn the application or left the United Kingdom since that application;
• have permission to enter or remain in the United Kingdom for non - asylum/humanitarian reasons e.g. students, spouses, visitors etc and have not breached any conditions of that leave;
• are immigration detainees and have had removal directions set at any time;
• are convicted prisoners subject to deportation orders;
• have been convicted of a serious immigration offence;
• whose purpose in leaving is to nullify their adverse immigration status in order to re-enter the United Kingdom.

In each individual case, applications will be received and screened by the Choices. In each case the final decision about eligibility of the applicant for AVRIM rests with the Home Office.

In addition to the above criteria, the majority of individuals who have previously participated in an assisted voluntary return (AVR) programme will be excluded from participating a second time following their subsequent return to the United Kingdom. Each application by a previous participator will be carefully considered, taking all relevant factors into consideration, and the appropriate decision made. Relevant factors may include: a significant change in the country situation and previous participation in assisted voluntary return as a dependant.

In cases where an individual applies to make an assisted voluntary return under an AVR programme and has previously commenced a judicial review, the AVR return should NOT be deferred

Travel documentation:

Where an applicant to the programme does not already have a suitable travel document with which to return to their country of origin or to a third country to which they are admissible, Choices will assist in obtaining the required travel documentation, entry permit or equivalent issued by either the Home Office or the Embassy or High Commission of the country of return.

Assistance provided:

Choices can help returnees at every stage of the process, from start to finish. This includes helping them with the application form itself and advising on the scheme, helping obtain the appropriate travel documents and arranging their international flight. A Choices representative will provide airport assistance, meeting returnees at the departure airport, helping them through transit if requested, and helping them get from the airport to their final destination.

Reintegration assistance is not generally available to those who return under AVRIM. However, exceptions can be made for particularly vulnerable groups on a case by case basis, e.g. unaccompanied minors, victims of trafficking, etc. In these cases reintegration assistance is made available which can be used for business start-up, education and vocational training. Furthermore, this group can also use their assistance for counselling, which is particularly important for those who were victims of sex trafficking or unaccompanied minors.

Review of decisions

Decisions on eligibility for this scheme rest with the Home Office. Decisions will only be reviewed if new factual evidence has been presented. If new evidence relates to a policy issue then reference will be made to the relevant policy unit. Once the policy position has been clarified the Home Office will decide if the case decision should be reviewed.

Withdrawal from AVRIM:

An applicant can withdraw from AVRIM at any time prior to departure. If the applicant fails to travel within three months of their application to the programme being approved and there is no valid reason for not travelling within this time, the VARRP application will be deemed withdrawn by the Home Office.

Generally only two assisted voluntary return applications will be considered for each applicant. Those who cancel or withdraw their application or do not depart within three months of approval on two occasions will no longer be eligible for the programmes. A third application will be considered only on production of evidenced exceptional reasons why departure via assisted voluntary return has not taken place. This applies to applications made for any assisted voluntary return. In each case the final decision about consideration of a third assisted voluntary return application rests with the Home Office.