The Home Office published version 1.0 of its caseworker guidance on foreign national offender conditional cautions on 18 September 2026. It covers criteria, conditions, cancellation of leave and non-compliance.
New guidance; there is no earlier version.
On 18 September 2026 UK Visas and Immigration published Foreign national offender conditional cautions: caseworker guidance (version 1.0). It is written for Home Office staff and sets out how a foreign national offender (FNO) may be given a conditional caution to secure removal from the UK.
The guidance says the power comes from section 22 of the Criminal Justice Act 2003, as amended by section 134 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Section 22(3G), as amended by section 188 of the Crime and Policing Act 2026, defines a "relevant foreign offender". That person has limited leave, is liable to removal, or has a deportation order in force.
A caution may be issued only if there are no barriers to deportation and the likely sentence would be under 2 years' imprisonment (section 3). Barriers include an outstanding asylum or human rights claim that is not withdrawn, medical conditions affecting fitness to travel, and no valid travel document within the departure period. A caution must not be offered where the offence is suspected to be connected to human trafficking, where the person must give evidence that cannot be given by live link from overseas, or where the person has indefinite leave to enter or remain.
Every caution includes conditions to leave the UK within a set period and not to return for a minimum period (section 4). Departure is normally within 16 weeks of the caution being given and, in exceptional circumstances, no later than 24 weeks. The minimum period before return is at least 5 years. The Crown Prosecution Service (CPS) can exceptionally extend it to 10 years. Where a deportation order is in force, no minimum period is set and the person cannot return unless the order is revoked. Paragraph SUI 12.1.(d) of Part Suitability of the Immigration Rules sets the related mandatory refusal period.
Additional conditions may include reporting, helping to obtain a travel document, and surrendering a passport.
Under section 5, leave is cancelled as soon as possible after the person accepts the caution, using section 3(3)(a) of the Immigration Act 1971.
Under section 6, Immigration Enforcement monitors compliance. If the person does not leave in time, the police or CPS decide whether to resume prosecution for the original offence.
What this means for applicants
A person who accepts a foreign national offender conditional caution is expected to leave the UK within the stated period, normally 16 weeks, and not return for at least 5 years. Their leave is cancelled. The guidance says that applying for leave to remain on protection or human rights grounds while subject to the caution breaches it and makes the person liable to prosecution for the original offence. Withdrawing from the caution has the same effect, as does returning before the exclusion period ends.
Being given a caution does not prevent a person from seeking assisted return through the Voluntary Return Service or the Facilitated Return Scheme.
Sources
- Foreign national offender conditional cautions: caseworker guidance, GOV.UK, 18 September 2026