(1)Part 5A of the Nationality, Immigration and Asylum Act 2002 (Article 8 of the ECHR) is amended as follows.
(2)In the Part heading, after “ECHR:” insert “family life and”.
(3)In section 117A (application of Part 5A)—
(a)after subsection (1) insert—;
(1A)The court or tribunal must first decide whether Article 8 is engaged on the basis of the person’s private and family life.
(1B)In considering whether Article 8 is so engaged, the court or tribunal must (in particular) have regard to the considerations listed in section 117AA.
(1C)If the court or tribunal decides that Article 8 is so engaged, it must then consider the public interest question.
(b)in subsection (3), for “subsection (2)” substitute “this section”.
(4)After section 117A insert—
117AAArticle 8: existence of family life
(1)A person’s family life for the purposes of Article 8 is normally limited to their core cohabiting family.
(2)“Core cohabiting family”, in relation to a person, A, means the following people, to the extent that A lives with them—
(a)A’s spouse, civil partner or partner;
(b)where A is a parent, A’s children who are under the age of 18;
(c)where A is under the age of 18, A’s parents.
(3)Where a person, A, has a child, B, who is under the age of 18, with whom A does not live, A does not normally have a family life with B for the purposes of Article 8 unless there is evidence that A has a genuine and subsisting parental relationship with B.
(4)An adult, A, does not normally have a family life for the purposes of Article 8 with another adult, B, unless—
(a)A and B live together as spouses, civil partners or partners, or
(b)the circumstances are such that there is an additional element of dependency (beyond normal emotional ties) as between A and B.
(5)For the purposes of subsection (4), the following factors, when taken independently, do not constitute an additional element of dependency as between a person, A, and another person, B—
(a)the fact that A is financially dependent on B;
(b)the fact that A suffers from physical or mental illness or infirmity, unless—
(i)the illness or infirmity means that A is incapacitated to such an extent that A is in need of constant care and support,
(ii)B is (or would be) able to provide that care and support, and
(iii)A would not receive adequate care and support if A were not in the same country as B;
(c)the fact that A relies on B for emotional support;
(d)the fact that A lives in a country affected by war, conflict or instability and as a result B is concerned about A’s welfare.
(6)Nothing in subsection (5) prevents a court or tribunal from considering the factors mentioned in that subsection when determining the public interest question.
(7)In this section, “the public interest question” has the same meaning as in section 117A.
Inserts a new provision into Nationality, Immigration and Asylum Act 2002 — after section 117A
Amends Nationality, Immigration and Asylum Act 2002, section 117A — Application of this Part
Nationality, Immigration and Asylum Act 2002 — section 117A
PART 5A Article 8 of the ECHR: family life and public interest considerations
(1) This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—
(a) breaches a person's right to respect for private and family life under Article 8, and
(b) as a result would be unlawful under section 6 of the Human Rights Act 1998.
(1A) The court or tribunal must first decide whether Article 8 is engaged on the basis of the person’s private and family life.
(1B) In considering whether Article 8 is so engaged, the court or tribunal must (in particular) have regard to the considerations listed in section 117AA.
(1C) If the court or tribunal decides that Article 8 is so engaged, it must then consider the public interest question.
(2) In considering the public interest question, the court or tribunal must (in particular) have regard—
(a) in all cases, to the considerations listed in section 117B, and
(b) in cases concerning the deportation of foreign criminals, to the considerations listed in section 117C.
(3) In subsection (2)this section, “the public interest question” means the question of whether an interference with a person's right to respect for private and family life is justified under Article 8(2).
About the provision this changes
Cases citing s.117A: 72 — The Secretary of State for the Home Department v Darius Hirtie [2026] EWCA Civ 1000; Secretary of State for the Home Department v Olufemi Adeniyi Ojaleye [2026] EWCA Civ 950; MD Abdur Rahim v Secretary of State for the Home Department [2026] EWCA Civ 930
Free Movement articles: Public interest considerations (section 117A) ↗; Statutory considerations in deportation appeals ↗
Explanatory Notes · published by the Government with the Bill
157. Clause 18(2) amends the heading in Part 5A of the Nationality, Immigration and Asylum Act 2002 to reflect the addition of the definition of family life: Article 8 of the ECHR: Family life and public interest considerations.
158. Clause 18(3) inserts new subsections (1A), (1B) and (1C) to s.117A to state the court or tribunal must first decide whether Article 8 is engaged on the basis of a person’s private and family life, that in considering whether Article 8 is engaged the court must have regard to the considerations in section 117AA, and that it is, it must then go onto consider the public interest question.
159. Clause 18(4) inserts new section 117AA to set out the definition of family life for the purposes of Article 8 and the various elements of this definition are set out in subsections (1) to (5).
160. Subsection (1) sets out that a person’s family life for the purposes of Article 8 is normally limited to their core cohabiting family and subsection (2) states that the “core cohabiting family” means a person’s spouse, civil partner or partner; their children under the age of 18 if they are a parent; or, where the person is under the age of 18 themselves, their parents, who they live with.
161. Subsection (3) sets out that for non-cohabiting parent and child relationships, family life is not normally established for the purposes of Article 8 unless the parent can evidence they have a genuine and subsisting parental relationship with the child.
162. Subsection (4) states that a person does not normally have a family life for the purposes of Article 8 with another adult unless they live together as spouses, civil partners of partners, or there are additional elements of dependence beyond normal emotional ties between the two adults.
163. Subsection (5) sets out the factors which, in isolation, do not constitute an additional element of dependency between two adults at paragraphs (a) to (d). In respect of subsection (b)(iii) on adequate care, this does not require the care available in the country where A lives to be of the same standard as in the UK.
164. Subsection (6) states that courts or tribunals are not prevented from considering the factors mentioned in subsection (5) when determining the public interest question.
165. Subsection (7) states that “the public interest question” has the same meaning as in section 117A of the Nationality, Immigration and Asylum Act 2002.
Amendments tabled 9, including 2 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
Green Party: Siân Berry, Green Spokesperson (Home)
Would remove the whole clause
Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 15, line 5, leave out Clause 18
No explanatory statement was published with this amendment.
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
supported by Matt Vickers
Replaces words
Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson
This amendment would require courts and tribunals to decide whether Article 8 is engaged in accordance with new section 117AA, rather than only to have regard to it.
Effect on the clause · the printed text with this amendment applied
15:13(1B) In considering whether Article 8 is so engaged, the court or
15:14tribunal must (in particular) have regard to the considerations
15:15listed in section 117AA. must determine that question in accordance with section 117AA.
15:16(1C) If the court or tribunal decides that Article 8 is so engaged, it
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 14, leave out from “must” to end of line 15 and insert “must determine that question in accordance with section 117AA.”
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
Effect on the clause · the printed text with this amendment applied
15:20“117AA Article 8: existence of family life
15:21(1) A person’s family life for the purposes of Article 8 is normally limited
15:22to their core cohabiting family.
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 21, leave out “normally”
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 a partner who is not a spouse or civil partner to have lived with the person in a relationship akin to marriage or civil partnership for at least two years to count as part of the core cohabiting family.
Effect on the clause · the printed text with this amendment applied
15:24following people, to the extent that A lives with them—
15:25(a) A’s spouse, civil partner or partner; (but only where A and the partner have lived together in a relationship akin to marriage or civil partnership for at least two years)
15:26(b) where A is a parent, A’s children who are under the age of
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 25, at end insert “(but only where A and the partner have lived together in a relationship akin to marriage or civil partnership for at least two years)”
Amendment 44
Government
Anna Turley, Minister of State (Home Office) Removes words
Not yet debated
Explanatory statement · what it would do, in the words of the Government
This amendment would remove the words “with whom A does not live” so as to make it clear that the test of whether a parent has a genuine and subsisting relationship with their child for the purposes of establishing family life also applies where the parent and child are cohabiting.
Effect on the clause · the printed text with this amendment applied
15:28(c) where A is under the age of 18, A’s parents.
15:29(3) Where a person, A, has a child, B, who is under the age of 18, with
15:30whom A does not live, A does not normally have a family life with
15:31B for the purposes of Article 8 unless there is evidence that A has a
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 29, leave out “with whom A does not live,”
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
supported by Matt Vickers
Removes words
Consequential Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson
This amendment is consequential on Amendment 99.
Effect on the clause · the printed text with this amendment applied
15:29(3) Where a person, A, has a child, B, who is under the age of 18, with
15:30whom A does not live, A does not normally have a family life with
15:31B for the purposes of Article 8 unless there is evidence that A has a
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 30, leave out “normally”
Amendment 45
Government
Anna Turley, Minister of State (Home Office) Adds words
Not yet debated
Explanatory statement · what it would do, in the words of the Government
This amendment would provide a steer to decision-makers on how to determine, for the purposes of deciding whether family life exists, whether a parent and child have a genuine and subsisting parental relationship, based on the nature, duration and frequency of contact and how recently it has been established.
Effect on the clause · the printed text with this amendment applied
15:31B for the purposes of Article 8 unless there is evidence that A has a
15:32genuine and subsisting parental relationship with B.
(3A) In determining whether A has a genuine and subsisting parental relationship with B, the considerations to be taken into account include—
(a) the nature of the contact between A and B,
(b) the duration and frequency of the contact between A and B, and
(c) whether the contact between A and B (including cohabitation) has recently been established or re-established.
15:33(4) An adult, A, does not normally have a family life for the purposes of
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 32, at end insert—
“(3A) In determining whether A has a genuine and subsisting parental relationship with B, the considerations to be taken into account include—
(a) the nature of the contact between A and B,
(b) the duration and frequency of the contact between A and B, and
(c) whether the contact between A and B (including cohabitation) has recently been established or re-established.”
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
supported by Matt Vickers
Removes words
Consequential Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson
This amendment is consequential on Amendment 99.
Effect on the clause · the printed text with this amendment applied
15:32genuine and subsisting parental relationship with B.
15:33(4) An adult, A, does not normally have a family life for the purposes of
15:34Article 8 with another adult, B, unless—
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 15, line 33, leave out “normally”
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 provision allowing the factors excluded by new section 117AA(5) to be considered at the public interest stage, to test whether subsection (6) undoes the effect of subsection (5).
Effect on the clause · the printed text with this amendment applied
16:16instability and as a result B is concerned about A’s welfare.
16:17(6) Nothing in subsection (5) prevents a court or tribunal from considering
16:18the factors mentioned in that subsection when determining the public
16:19interest question.
16:20(7) In this section, “the public interest question” has the same meaning
The amendment · as tabled, addressed to the printed Bill
Clause 18, page 16, line 17, leave out subsection (6)