(1)In section 113 of the Nationality, Immigration and Asylum Act 2002 (appeals in respect of protection and human rights claims: interpretation)—
(a)in subsection (1), in the definition of “human rights claim” (before its substitution by section 12 of the Immigration, Asylum and Nationality Act 2006), at the end insert “(see also subsection (1A)),”;
(b)in subsection (1), in the definition of “human rights claim” (as substituted by section 12 of the Immigration, Asylum and Nationality Act 2006), at the end insert—;
(see also subsection (1A)),
(c)in subsection (1), at the end insert—;
“sponsor human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to refuse a member of the person’s family entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 on the grounds of a breach of Article 8 of the Human Rights Convention (right to respect for private and family life).
(d)after subsection (1) insert—
(1A)In this Part, references to a human rights claim include a sponsor human rights claim, unless otherwise indicated.
(2)In consequence of the amendments made by subsection (1), the Nationality, Immigration and Asylum Act 2002 is amended as set out in subsections (3) to (7).
(3)In section 80A (inadmissible claims)—
(a)after subsection (1) insert—;
(1A)Subsection (1) does not apply to a sponsor human rights claim.
(b)in subsection (6), after ““human rights claim”,” insert ““sponsor human rights claim”,”.
(4)In section 85 (matters to be considered), after subsection (1) insert—
(1A)But where such an appeal relates to a sponsor human rights claim, it is instead to be treated as including an appeal against any decision relating to the family member seeking entry into the United Kingdom in respect of which either that family member or the person who made the sponsor human rights claim has a right of appeal under section 82(1).
(5)In section 86B (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation), in subsection (1), after “82(1)” insert “, other than an appeal against a decision to refuse a sponsor human rights claim,”.
(6)In section 94 (certification of human rights or protection claims as unfounded etc), after subsection (3) insert—
(3ZA)Subsection (3) does not apply in relation to a claimant who has made a sponsor human rights claim.
(7)In section 104 (pending appeal)—
(a)in subsection (4A), for “subsection (4B)” substitute “subsections (4AA) to (4B)”;
(b)after subsection (4A) insert—
(4AA)Subsection (4A) does not apply to an appeal against a decision relating to a sponsor human rights claim.
(4AB)An appeal under section 82(1) against a decision relating to a sponsor human rights claim is to be treated as abandoned if the family member to whom the claim relates is granted leave to enter or remain in the United Kingdom.
Amends Nationality, Immigration and Asylum Act 2002, section 113 — Interpretation
Nationality, Immigration and Asylum Act 2002 — section 113
(1) In this Part, unless a contrary intention appears—
“asylum claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention,
...
“human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention)..., (see also subsection (1A)),
human rights claim—
(a) means a claim made by a person that to remove him from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention)..., but
(b) does not include a claim which, having regard to a former claim, falls to be disregarded for the purposes of this Part in accordance with immigration rules, (see also subsection (1A)),
“the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998 and “Convention rights” shall be construed in accordance with section 1 of that Act,
“ humanitarian protection ” has the meaning given in section 82(2);
...
“immigration rules” means rules under section 1(4) of the Immigration Act 1971 (general immigration rules),
...
“ protection claim ” has the meaning given in section 82(2)
“ protection status ” has the meaning given in section 82(2)
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol,
...
...
“sponsor human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to refuse a member of the person’s family entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 on the grounds of a breach of Article 8 of the Human Rights Convention (right to respect for private and family life).
(1A) In this Part, references to a human rights claim include a sponsor human rights claim, unless otherwise indicated.
(2) ................................
About the provision this changes
Cases citing s.113: 53 — R (MM) v SSHD [JR-2025-LON-003693] JR-2025-LON-003693; Entry Clearance Officer v FA [2026] EWCA Civ 1014; Muhammad Ajmal & Anor v The Secretary of State for the Home Department [2025] UKUT 379 (IAC)
Amends Nationality, Immigration and Asylum Act 2002, section 80A — Claims by nationals of listed safe States
Nationality, Immigration and Asylum Act 2002 — section 80A
(1) The Secretary of State must declare an asylum claim or a human rights claim made by a person who is a national of a member State State listed in section 80AA(1) inadmissible.
(1A) Subsection (1) does not apply to a sponsor human rights claim.
(2) An asylum A claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.
(3) A declaration under subsection (1) that an asylum a claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) or (b) (appeal against refusal of protection claim or human rights claim) arises.
(4) Subsection (1) does not apply if there are exceptional circumstances as a result of which the Secretary of State considers that the claim ought to be considered.
(5) For the purposes of subsection (4) exceptional circumstances include where the member State of which the claimant is a national—
(a) in a case where the claimant is a national of a State that is a signatory to the Human Rights Convention, where that State is derogating from any of its obligations under the Human Rights Convention, in accordance with Article 15 of the Convention;
(b) in a case where the claimant is a national of a member State, where that State is the subject of a proposal initiated in accordance with the procedure referred to in Article 7(1) of the Treaty on European Union and—
(i) the proposal has yet to be determined by the Council of the European Union or (as the case may be) the European Council,
(ii) the Council of the European Union has determined, in accordance with Article 7(1), that there is a clear risk of a serious breach by the member State of the values referred to in Article 2 of the Treaty, or
(iii) the European Council has determined, in accordance with Article 7(2), the existence of a serious and persistent breach by the member State of the values referred to in Article 2 of the Treaty.
(6) In this section and section 80AA—
“asylum claim”, “human rights claim”, “sponsor human rights claim”, “the Human Rights Convention” and “the Refugee Convention” have the meanings given by section 113;
“immigration rules” means rules under section 3(2) of the Immigration Act 1971;
“national” includes citizen;
“the Treaty on European Union” means the Treaty on European Union signed at Maastricht on 7 February 1992 as it had effect immediately before IP completion day.
About the provision this changes
Cases citing s.80A: 5 — EXR v Secretary of State for the Home Department (No.2) [2026] EWHC 1726 (Admin); Ivan Remenar, R (on the application of) v The Secretary of State for the Home Department [2026] EWHC 1409 (Admin); IX, R (on the application of) v Secretary of State for the Home Department (Judicial review; costs) [2025] UKUT 154 (IAC)
Amends Nationality, Immigration and Asylum Act 2002, section 85 — Matters to be considered
Nationality, Immigration and Asylum Act 2002 — section 85
(1) An appeal under section 82(1) against a decision shall be treated by the Tribunal as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).
(1A) But where such an appeal relates to a sponsor human rights claim, it is instead to be treated as including an appeal against any decision relating to the family member seeking entry into the United Kingdom in respect of which either that family member or the person who made the sponsor human rights claim has a right of appeal under section 82(1).
(2) If an appellant under section 82(1) makes a statement under section 120, the Tribunal shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section 84 against the decision appealed against.
(3) Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.
(4) On an appeal under section 82(1)... against a decision the Tribunal may consider... any matter which it thinks relevant to the substance of the decision, including... a matter arising after the date of the decision.
(5) But the Tribunal must not consider a new matter unless the Secretary of State has given the Tribunal consent to do so.
(6) A matter is a “new matter” if—
(a) it constitutes a ground of appeal of a kind listed in section 84, and
(b) the Secretary of State has not previously considered the matter in the context of—
(i) the decision mentioned in section 82(1), or
(ii) a statement made by the appellant under section 120.
About the provision this changes
Cases citing s.85: 145 — MD Abdur Rahim v Secretary of State for the Home Department [2026] EWCA Civ 930; Soraya Dawrani v Secretary of State for the Home Department [2026] UKUT 151 (IAC); IA & Ors v Secretary of the Home Department [2025] EWCA Civ 1516
Amends Nationality, Immigration and Asylum Act 2002, section 86B — Timeframe for determination of appeal brought by certain non-detained appellants liable to deportation
Nationality, Immigration and Asylum Act 2002 — section 86B
(1) This section applies on an appeal under section 82(1), other than an appeal against a decision to refuse a sponsor human rights claim, where the appeal is brought by a person falling within subsection (2).
(2) A person falls within this subsection if, at the time the appeal mentioned in subsection (1) is instituted, the person—
(a) is not detained (whether under any provision of the Immigration Acts or otherwise),
(b) has been convicted of an offence (whether in or outside the United Kingdom), and
(c) is liable to deportation under section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good).
(3) The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.
(4) But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.
About the provision this changes
Free Movement articles: New timeframes for consideration of asylum appeals now in force ↗
Amends Nationality, Immigration and Asylum Act 2002, section 94 — Certification of human rights or protection claims as unfounded or removal to safe country
Nationality, Immigration and Asylum Act 2002 — section 94
(1) The Secretary of State may certify a protection claim or human rights claim as clearly unfounded.
(3) If the Secretary of State is satisfied that a claimant is entitled to reside in a State listed in subsection (4) he shall certify the claim under subsection (1) unless satisfied that it is not clearly unfounded.
(3ZA) Subsection (3) does not apply in relation to a claimant who has made a sponsor human rights claim.
(3A) A person may not bring an appeal under section 82 against a decision if the claim to which the decision relates has been certified under subsection (1).
(4) The States are—
(a) ................................
(b) ................................
(c) ................................
(d) ................................
(e) ................................
(f) ................................
(g) ................................
(h) ................................
(i) ................................
(j) ................................
(k) the Republic of Albania,
(l) ................................
(m) ................................
(n) Jamaica,
(o) Macedonia,
(p) the Republic of Moldova, and
(q) ................................
(r) ................................
(s) Bolivia,
(t) Brazil,
(u) Ecuador,
(v) ................................
(w) South Africa, and
(x) Ukraine.
(y) India.
(z) Mongolia,
(aa) Ghana (in respect of men),
(bb) Nigeria (in respect of men).
(cc) Bosnia-Herzegovina,
(dd) Gambia (in respect of men),
(ee) Kenya (in respect of men),
(ff) Liberia (in respect of men),
(gg) Malawi (in respect of men),
(hh) Mali (in respect of men),
(ii) Mauritius,
(jj) Montenegro,
(kk) Peru,
(ll) Serbia,
(mm) Sierra Leone (in respect of men).
(nn) Kosovo,
(oo) South Korea.
(5) The Secretary of State may by order add a State, or part of a State, to the list in subsection (4) if satisfied that—
(a) there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and
(b) removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.
(5A) If the Secretary of State is satisfied that the statements in subsection (5) (a) and (b) are true of a State or part of a State in relation to a description of person, an order under subsection (5) may add the State or part to the list in subsection (4) in respect of that description of person.
(5B) Where a State or part of a State is added to the list in subsection (4) in respect of a description of person, subsection (3) shall have effect in relation to a claimant only if the Secretary of State is satisfied that he is within that description (as well as being satisfied that he is entitled to reside in the State or part).
(5C) A description for the purposes of subsection (5A) may refer to—
(a) gender,
(b) language,
(c) race,
(d) religion,
(e) nationality,
(f) membership of a social or other group,
(g) political opinion, or
(h) any other attribute or circumstance that the Secretary of State thinks appropriate.
(5D) In deciding whether the statements in subsection (5) (a) and (b) are true of a State or part of a State, the Secretary of State –
(a) shall have regard to all the circumstances of the State or part (including its laws and how they are applied), and
(b) shall have regard to information from any appropriate source (including... member States and international organisations).
(6) The Secretary of State may by order amend the list in subsection (4) so as to omit a State or part added under subsection (5); and the omission may be—
(a) general, or
(b) effected so that the State or part remains listed in respect of a description of person.
(6A) Subsection (3) shall not apply in relation to a claimant who—
(a) is the subject of a certificate under section 2 or 70 of the Extradition Act 2003 (c. 41),
(b) is in custody pursuant to arrest under section 5 of that Act,
(c) is the subject of a provisional warrant under section 73 of that Act,
(ca) is the subject of a certificate under section 74B of that Act,
(d) is the subject of an authority to proceed under section 7 of the Extradition Act 1989 (c. 33) or an order under paragraph 4(2) of Schedule 1 to that Act, or
(e) is the subject of a provisional warrant under section 8 of that Act or of a warrant under paragraph 5(1)(b) of Schedule 1 to that Act.
(7) The Secretary of State may certify a protection claim or human rights claim made by a person if —
(a) it is proposed to remove the person to a country of which he is not a national or citizen, and
(b) there is no reason to believe that the person’s rights under the Human Rights Convention will be breached in that country.
(8) In determining whether a person in relation to whom a certificate has been issued under subsection (7) may be removed from the United Kingdom, the country specified in the certificate is to be regarded as—
(a) a place where a person’s life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion, and
(b) a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention or with the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection.
(9) ................................
About the provision this changes
Cases citing s.94: 183 — The Secretary of State for the Home Department v MD Shahadat Hossain [2026] EWCA Civ 1310; R (MM) v SSHD [JR-2025-LON-003693] JR-2025-LON-003693; MB, R (on the application of) v Secretary of State for the Home Department [2026] EWCA Civ 1132
Free Movement articles: “Automatic” deportation ↗
Amends Nationality, Immigration and Asylum Act 2002, section 104 — Pending appeal
Nationality, Immigration and Asylum Act 2002 — section 104
(1) An appeal under section 82(1) is pending during the period—
(a) beginning when it is instituted, and
(b) ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).
(2) An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while—
(a) an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,
(b) permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or
(c) an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination.
(3) ................................
(4) ................................
(4A) An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to subsection (4B)subsections (4AA) to (4B)).
(4AA) Subsection (4A) does not apply to an appeal against a decision relating to a sponsor human rights claim.
(4AB) An appeal under section 82(1) against a decision relating to a sponsor human rights claim is to be treated as abandoned if the family member to whom the claim relates is granted leave to enter or remain in the United Kingdom.
(4B) Subsection (4A) shall not apply to an appeal in so far as it is brought on a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection) where the appellant—
(a) ................................
(b) gives notice, in accordance with Tribunal Procedure Rules, that he wishes to pursue the appeal in so far as it is brought on that ground.
(4C) ................................
(5) ................................
About the provision this changes
Cases citing s.104: 67 — Rhian Bernard Guerrero v Secretary of State for Home Department [2026] EWCA Civ 953; Rupert Junior Geddes (R, on the application of) v Secretary of State for the Home Department [2025] EWCA Civ 353; Secretary of State for the Home Department v Rhian Bernard Guerrero [2025] UKUT 00276 (IAC)
Rules paragraphs referring to s.104: 1 — Introduction to the Immigration Rules: Interp: Pending appeal
Explanatory Notes · published by the Government with the Bill
150. Subsection (1) expands the definition of a human rights claim at section 113 of the Nationality, Immigration and Asylum Act 2002 so that it also includes a “sponsor human rights claim”. This means that a UK-based sponsor must make an application for their family member living outside of the UK to be granted entry clearance where the sponsor has a claim based on their family life rights (Article 8 of the European Convention on Human Rights). The effect of subsection (1) is that a UK based sponsor will be able to appeal against a decision to refuse a HR claim to their overseas family member under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002.
151. Subsection (2) describes how the new definition set out in subsection (1) requires further amendments to be made to the Nationality, Immigration and Asylum Act 2002 and that these changes are set out in subsections (3) to (7).
152. Subsection (3) makes amendments to section 80A of the Nationality, Immigration and Asylum Act 2002 so that a “sponsor human rights claim”, as created by subsection (1) above, cannot be deemed “inadmissible” under section 80A(1). It also clarifies that a “sponsor human rights claim” in section 80A has the same definition as that set out in section 113.
153. Subsection (4) makes necessary changes to section 85 (matters to be considered) of the Nationality, Immigration and Asylum Act 2002. Section 85 joins together all appeals related to the same appellant by requiring the Immigration Tribunal to include as part of an appeal under section 82(1) against a relevant decision, all matters raised in decisions for which the appellant has a right of appeal. Subsection (4)(a) creates an exception for sponsor human rights claims because in these cases the sponsor is the appellant. Subsection (4)(b) adds a new subsection 1(A), requiring that, for sponsor HR claims, the Tribunal must consider as part of a relevant appeal, any other appealable decision relating to the family member seeking entry to the UK. The effect is that an appeal against a decision in relation to a sponsor human rights claim will not include any matter in relation to a decision regarding the status of the sponsor.
154. Subsection (5) creates an exception for a “sponsor human rights claim” in section 86B (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation) of the Nationality, Immigration and Asylum Act 2002. As a UK-based sponsor will not be an appellant liable to deportation, there is no requirement that their appeal be determined within the statutory timeframe laid out in this section.
155. Subsection (6) establishes an exception for a “sponsor human right claim” in section 94 (Certification of human rights or protection claims as unfounded or removal to safe country) of the Nationality, Immigration and Asylum Act 2002. It creates subsection 94(3ZA) that has the effect of preventing the certification of a sponsor human rights claim as unfounded if the UK-based sponsor is entitled to live in one of the “safe” states listed in subsection (4).
156. Subsection (7) inserts an exception into section 104 (pending appeal) of the Nationality, Immigration and Asylum Act 2002 for a “sponsor human rights claim”. Section 104(4A) requires that an appeal against an immigration decision be treated as abandoned if the appellant is granted leave to enter or remain in the UK. This will not be applicable where a UK sponsor is applying on behalf of an overseas family member so new subsections (4AA) and (4AB) disapply this measure to sponsor human rights claims and, instead, require an appeal to be treated as abandoned if the overseas family member is granted leave to enter or remain.
Amendments tabled 8, including 3 from the Government · 1 would remove the whole clause
Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Conservative: Chris Philp, Shadow Home Secretary
supported by Matt Vickers
Would remove the whole clause
Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 13, line 27, leave out Clause 17
No explanatory statement was published with this amendment.
Anna Turley, Minister of State (Home Office) Removes words
Consequential Not yet debated
Explanatory statement · what it would do, in the words of the Government
Effect on the clause · the printed text with this amendment applied
13:29in respect of protection and human rights claims: interpretation)—
13:30(a) in subsection (1), in the definition of “human rights claim” (before its
13:31substitution by section 12 of the Immigration, Asylum and Nationality
13:32Act 2006), at the end insert “(see also subsection (1A)),”;
13:33(b) in subsection (1), in the definition of “human rights claim” (as
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 13, line 30, leave out from “claim”” to “, at” in line 32
Anna Turley, Minister of State (Home Office) Removes words
Not yet debated
Explanatory statement · what it would do, in the words of the Government
See the explanatory statement for amendment 130.
Effect on the clause · the printed text with this amendment applied
13:32Act 2006), at the end insert “(see also subsection (1A)),”;
13:33(b) in subsection (1), in the definition of “human rights claim” (as
13:34substituted by section 12 of the Immigration, Asylum and Nationality
13:35Act 2006), at the end insert—
13:36“(see also subsection (1A)),”;
14:1(c) in subsection (1), at the end insert—
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 13, line 33, leave out paragraph (b)
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
supported by Matt Vickers
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson
This amendment would require the place at which sponsor human rights claims may be made to be set by regulations subject to the affirmative procedure.
Effect on the clause · the printed text with this amendment applied
14:7Article 8 of the Human Rights Convention (right to respect for
14:8private and family life).”; , provided that the Secretary of State may only designate a place by regulations made by statutory instrument and that such a statutory instrument may only be made if a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
14:9(d) after subsection (1) insert—
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 14, line 8, at end insert “, provided that the Secretary of State may only designate a place by regulations made by statutory instrument and that such a statutory instrument may only be made if a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
Conservative: Alicia Kearns, Shadow Minister (Home Office)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Alicia Kearns
This amendment would require the Secretary of State to carry out safeguarding checks where a person makes a sponsor human rights claim under Clause 17.
Effect on the clause · the printed text with this amendment applied
14:10“(1A) In this Part, references to a human rights claim include a
14:11sponsor human rights claim, unless otherwise indicated.”
(e) after subsection (1A) insert—
“(1B) Where a person makes a sponsor human rights claim, the Secretary of State must carry out safeguarding checks in relation to that person before determining the claim.
(1C) The safeguarding checks under subsection (1B) must establish, so far as reasonably practicable, whether the person making the sponsor human rights claim—
(a) has been convicted of an offence involving domestic abuse, stalking, sexual offending or forced marriage;
(b) is subject to a relevant protective order relating to domestic abuse, stalking, sexual offending or forced marriage;
(c) has been the subject of a finding by a court or other competent authority of conduct involving domestic abuse, stalking, sexual offending or forced marriage; or
(d) has previously been the subject of an immigration decision in which concerns relating to forced marriage, abuse or the genuineness of a family relationship were material.
(1D) Where information falling within subsection (1C) is identified, the Secretary of State must take that information into account when determining the sponsor human rights claim and any decision relating to the family member to whom the claim relates.
(1E) The Secretary of State must consider whether the information identified under subsection (1C) indicates that the admission of the family member to the United Kingdom would give rise to a safeguarding risk to—
(a) the family member;
(b) any child affected by the decision; or
(c) any other person who may reasonably be expected to be at risk as a result of the admission.”
14:12(2) In consequence of the amendments made by subsection (1), the Nationality,
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 14, line 11, at end insert—
Show the full text (12 lines)
“(e) after subsection (1A) insert—
“(1B) Where a person makes a sponsor human rights claim, the Secretary of State must carry out safeguarding checks in relation to that person before determining the claim.
(1C) The safeguarding checks under subsection (1B) must establish, so far as reasonably practicable, whether the person making the sponsor human rights claim—
(a) has been convicted of an offence involving domestic abuse, stalking, sexual offending or forced marriage;
(b) is subject to a relevant protective order relating to domestic abuse, stalking, sexual offending or forced marriage;
(c) has been the subject of a finding by a court or other competent authority of conduct involving domestic abuse, stalking, sexual offending or forced marriage; or
(d) has previously been the subject of an immigration decision in which concerns relating to forced marriage, abuse or the genuineness of a family relationship were material.
(1D) Where information falling within subsection (1C) is identified, the Secretary of State must take that information into account when determining the sponsor human rights claim and any decision relating to the family member to whom the claim relates.
(1E) The Secretary of State must consider whether the information identified under subsection (1C) indicates that the admission of the family member to the United Kingdom would give rise to a safeguarding risk to—
(a) the family member;
(b) any child affected by the decision; or
(c) any other person who may reasonably be expected to be at risk as a result of the admission.””
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
supported by Matt Vickers
Removes words
Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson
This amendment would remove the exemption of sponsor human rights claims from the inadmissibility provisions in section 80A of the Nationality, Immigration and Asylum Act 2002, to test why such claims should be treated more favourably than other human rights claims.
Effect on the clause · the printed text with this amendment applied
14:14to (7).
14:15(3) In section 80A (inadmissible claims)—
14:16(a) after subsection (1) insert—
14:17“(1A) Subsection (1) does not apply to a sponsor human rights
14:18claim.”;
14:19(b) in subsection (6), after ““human rights claim”,” insert ““sponsor human
14:20rights claim”,”.
14:21(4) In section 85 (matters to be considered), after subsection (1) insert—
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 14, line 15, leave out subsection (3)
Amendment 96
Government
Anna Turley, Minister of State (Home Office) supported by Blake Stephenson (Conservative), Matt Vickers (Conservative)
Cross-party Removes words
Consequential Not yet debated
Explanatory statement · what it would do, in the words of the Government
This amendment is consequential on the amendment to section 94(3) of the Nationality, Immigration and Asylum Act 2002 made by the new Schedule inserted by amendment NS1.
Effect on the clause · the printed text with this amendment applied
14:31rights claim,”.
14:32(6) In section 94 (certification of human rights or protection claims as unfounded
14:33etc), after subsection (3) insert—
14:34“(3ZA) Subsection (3) does not apply in relation to a claimant who has made
14:35a sponsor human rights claim.”
14:36(7) In section 104 (pending appeal)—
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 14, line 32, leave out subsection (6)
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
supported by Matt Vickers
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson
This amendment would confine the new sponsor right of appeal to claims relating to a spouse, civil partner, partner or minor child (or, for a child sponsor, a parent), in line with the Government’s own definition of the core cohabiting family in clause 18.
Effect on the clause · the printed text with this amendment applied
15:3the family member to whom the claim relates is granted leave
15:4to enter or remain in the United Kingdom.”
(8) In section 82 (right of appeal to the Tribunal), after subsection (1) insert—
“(1ZA) An appeal does not lie under subsection (1)(b) against a decision to refuse a sponsor human rights claim unless the family member to whom the claim relates would, if they lived with the person who made the claim, be a member of that person’s core cohabiting family within the meaning of section 117AA(2).”
The amendment · as tabled, addressed to the printed Bill
Clause 17, page 15, line 4, at end insert—
“(8) In section 82 (right of appeal to the Tribunal), after subsection (1) insert—
“(1ZA) An appeal does not lie under subsection (1)(b) against a decision to refuse a sponsor human rights claim unless the family member to whom the claim relates would, if they lived with the person who made the claim, be a member of that person’s core cohabiting family within the meaning of section 117AA(2).””