On 15 October 2026, the Ministry of Justice introduced a new overseas travel policy establishing clearer requirements for individuals wishing to travel abroad either temporarily or permanently whilst subject to licence. It introduces a structured decision-making process and clarifies the circumstances in which overseas travel may be authorised. The new rules apply to everyone including those serving EDS, IPP and life sentences.
Although permission to travel abroad remains restricted, the framework provides important opportunities for those who can demonstrate rehabilitation, sustained compliance and legitimate reasons for travelling.
Travelling abroad on licence
One standard licence condition prohibits overseas travel without permission and any breach could result in recall. The new framework distinguishes between two categories (1) Temporary and (2) Permanent Travel.
Temporary overseas travel
The policy retains a presumption that travel will be refused, but clearly defines a 4 stage decision making process:
Stage 1 – Eligibility
a. Compassionate: End-of-life or a life threatening condition affecting the offender or an immediate family member;
b. Legal: Legal work or proceedings which cannot be conducted in the UK, online or through an intermediary;
c. Employment: Necessary travel for employment that cannot be undertaken in UK;
d. Preparation for permanent resettlement: Travel connected to an already approved permanent resettlement or ‘approved in principle’
Stage 2 – Public Protection
Offenders who present a high or escalating risk of serious harm, terrorists and some sex offenders may be refused. Any recent non-compliance or recall would also be an issue and travel should not be connected to the index offence.
Stage 3 – Destination
The destination should satisfy the Foreign Office travel advice and have international legal cooperation/extradition agreements.
Stage 4 – Compliance
There should be a low risk of non-return, credible travel/accommodation plans and no interference with supervision requirements. Individuals must not book travel until approval has been granted.
Five years compliance: A game changer
For individuals who do not meet the eligibility criteria (compassionate, legal, employment and preparation for permanent settlement), they would become eligible to apply for temporary travel provided they have completed five consecutive years of compliant behaviour on licence. The policy also includes those serving IPP and life sentences.
This provision effectively opens the door for family and friends’ holiday abroad which is very important for people serving long licences like EDS, IPPs and Lifers. The applicant must still satisfy the public protection, destination and travel compliance tests.
Permanent resettlement abroad
The framework limits eligibility to individuals who either:
(i) Hold non-British or dual nationality; or
(ii) Were ordinarily resident abroad before their index offence.
This requires nationality or strong residential ties, no offence related links to the destination, no public protection concerns and 12 months without non-compliance or risk escalation.
This may be particularly relevant to individuals whose family, accommodation and support networks are overseas. Previously, people with dual nationality had to renounce their British nationality so that they can be deported as foreign nationals to their country of origin.
Permanently resettle abroad immediately following release
The policy expressly recognises that permanent overseas travel may be appropriate immediately following release. Such arrangements must form part of release planning involving the Prison Offender Manager (POM) and Community Offender Manager (COM). The COM may require the offender to report to the probation officer on the day of release before travelling or may permit the offender to travel directly from the releasing prison.
Where release was directed by the Parole Board, permanent resettlement would require referral through the PPCS and the Parole Board.
The licence continues during permanent residence overseas, but probation would not actively supervise or enforce licence conditions whilst abroad.
Scotland, Northern Ireland, Isle of Man and the Channel Islands
Specific travel permission is not required for travel within the UK and Islands. However, any temporary change of residence must be considered and approved. Where an offender intends to stay overnight, or for a longer period, in another jurisdiction of the UK and Islands, probation and the relevant authorities must be notified.
Offenders on licence may be transferred to another jurisdiction of the UK and Islands. This current policy will not apply but applicable policy will be the Transfer of Licence Supervision within UK and Crown Dependency Jurisdictions.
Irish nationals
Irish nationals are also included in the policy governing overseas travel and may apply for permission to permanently resettle in the Republic of Ireland. However, such applications would require careful scrutiny because travel between the Republic of Ireland and Northern Ireland is not routinely subject to immigration controls. This could potentially be a way for someone to avoid supervision by saying they are permanently in the Republic of Ireland but cross an unnamed entry point into Northern Ireland which would allow free/unrestricted travel within the United Kingdom without any probation supervision.
Therefore, Probation practitioners will very carefully assess whether the proposed relocation to the Republic of Ireland is genuine and consistent with the offender’s rehabilitation and the protection of the public, or whether it may be an attempt to circumvent the remaining licence period.
Particular consideration would be given to the offender’s established family, residential and community ties in the Republic of Ireland, as these may provide evidence of a legitimate and sustainable resettlement proposal. Therefore, the assessment must balance the individual’s genuine reasons for relocation against any identifiable risks arising from the move, rather than treating Irish nationality or the absence of routine immigration controls as automatic grounds for refusal.
Can Probation refuse an application?
Yes, but applications must be assessed against the policy criteria. Decisions should reflect the available evidence, risk assessments, safeguarding and the individual’s circumstances. Depending on the circumstances, legal representations, reconsideration or Judicial Review may be appropriate.
How can Reeds Solicitors help?
We can assist by reviewing eligibility under the new framework, examining risk assessments, preparing representations and challenging decisions.
For people approaching release, early consideration of overseas resettlement can be particularly important to ensure that proposed arrangements are incorporated into release planning.
For individuals already on licence, we can submit carefully prepared applications supported by evidence of compliance and rehabilitation to improve the prospects of obtaining permission.
Unfortunately, there is no Legal Aid funding available, but we can offer a fixed fee for submitting representations, reviewing a negative decision and advise on possible remedies.
