(1)Section 117B of the Nationality, Immigration and Asylum Act 2002 (Article 8: public interest considerations applicable in all cases) is amended as follows.
(2)In subsection (3), for the words from “are financially” to the end substitute “—
(a)are, and are likely to remain, financially independent,
(b)are, and are likely to remain, able to house themselves (and any dependent family members) adequately without reliance on state support, and
(c)are not, and are not likely to become, reliant on public services, in particular health or social care services, in the long-term,
because such persons are not likely to be a burden on taxpayers and are likely to be better able to integrate into society.
(3)After subsection (3) insert—
(3A)It is in the public interest, and in particular in the interests of the prevention of disorder or crime, that persons who seek to enter or remain in the United Kingdom—
(a)have not been convicted of a criminal offence (in the United Kingdom or elsewhere),
(b)have co-operated with immigration authorities and processes, and
(c)are otherwise of good character.
(4)For subsection (4) substitute—
(4)No weight should be given to a private or family life established by a person at a time when the person is in the United Kingdom and—
(a)they require leave to enter or remain in the United Kingdom but do not have it or obtained it by deception, or
(b)they are in serious breach of a condition attached to their leave to enter or remain.
(5)In subsection (5), after “private” insert “or family”.
(6)In subsection (6)—
(a)omit the “and” at the end of paragraph (a);
(b)after paragraph (b) insert
“, and”
(c)if the person were to be removed and the child were to remain in the United Kingdom, that would have a very significant and long-lasting adverse effect on the child.
(7)After subsection (6) insert—
(7)For the purposes of subsection (6)(b), it would not be reasonable to expect a child to leave the United Kingdom if (and only if) one or more of the following conditions are met—
(a)the child would not receive any education in the country to which the child is proposed to be relocated (the “new country”);
(b)there would be very significant obstacles to the child’s ability to adapt to or integrate into the new country;
(c)the child’s relocation to the new country would otherwise have a very significant and long-lasting adverse effect on the child.
Amends Nationality, Immigration and Asylum Act 2002, section 117B — Article 8: public interest considerations applicable in all cases
Nationality, Immigration and Asylum Act 2002 — section 117B
(1) The maintenance of effective immigration controls is in the public interest.
(2) It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are able to speak English, because persons who can speak English—
(a) are less of a burden on taxpayers, and
(b) are better able to integrate into society.
(3) It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are financially independent, because such persons—
(a) are not a burden on taxpayers, and
(b) are better able to integrate into society.
(a) are, and are likely to remain, financially independent,
(b) are, and are likely to remain, able to house themselves (and any dependent family members) adequately without reliance on state support, and
(c) are not, and are not likely to become, reliant on public services, in particular health or social care services, in the long-term,
because such persons are not likely to be a burden on taxpayers and are likely to be better able to integrate into society.
(3A) It is in the public interest, and in particular in the interests of the prevention of disorder or crime, that persons who seek to enter or remain in the United Kingdom—
(a) have not been convicted of a criminal offence (in the United Kingdom or elsewhere),
(b) have co-operated with immigration authorities and processes, and
(c) are otherwise of good character.
(4) Little weight should be given to—
(a) a private life, or
(b) a relationship formed with a qualifying partner,
(4) No weight should be given to a private or family life established by a person at a time when the person is in the United Kingdom and—
(a) they require leave to enter or remain in the United Kingdom but do not have it or obtained it by deception, or
(b) they are in serious breach of a condition attached to their leave to enter or remain.
(5) Little weight should be given to a private or family life established by a person at a time when the person's immigration status is precarious.
(6) In the case of a person who is not liable to deportation, the public interest does not require the person's removal where—
(a) the person has a genuine and subsisting parental relationship with a qualifying child, and
(b) it would not be reasonable to expect the child to leave the United Kingdom. Kingdom, and
(c) if the person were to be removed and the child were to remain in the United Kingdom, that would have a very significant and long-lasting adverse effect on the child.
(7) For the purposes of subsection (6)(b), it would not be reasonable to expect a child to leave the United Kingdom if (and only if) one or more of the following conditions are met—
(a) the child would not receive any education in the country to which the child is proposed to be relocated (the “new country”);
(b) there would be very significant obstacles to the child’s ability to adapt to or integrate into the new country;
(c) the child’s relocation to the new country would otherwise have a very significant and long-lasting adverse effect on the child.
About the provision this changes
Cases citing s.117B: 113 — 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; SU (Expert reports – format) [2026] UKUT 00317
Free Movement articles: Statutory considerations in deportation appeals ↗; What’s in the Immigration and Asylum Bill 2026? ↗
Explanatory Notes · published by the Government with the Bill
166. This clause amends section 117B of the Nationality, Immigration and Asylum Act 2002, which sets out the considerations that courts or tribunals should have regard to when deciding if an interference with a person’s Article 8 rights is justified.
167. Subsection (2) amends 117B(3) of the Nationality, Immigration and Asylum Act 2002 to clarify it is in the public interest that a person who seeks to enter or remain in the UK is, and is likely to remain, financially independent and able to house themselves and any family members adequately without reliance on State support; and is not likely to be reliant on public services, in particular health or social care, in the long-term.
168. Subsection (3) inserts new subsection (3A) to state it is in the public interest of the prevention of disorder or crime that a person who seeks to enter or remain in the UK has not been convicted of a criminal offence (in the UK or elsewhere), has co-operated with immigration authorities and processes and is otherwise of good character.
169. Subsection (4) amends section 117B(4) of the Nationality, Immigration and Asylum Act 2002 by providing that no weight should be given to family or private life established by a person when they are in the UK and require leave to enter or remain in the UK and do not have it (or obtained it by deception) or if they are in serious breach of a condition attached to their leave to enter or remain. This provides a starting point for the weight that should be attributed to a person’s private or family life when established in these circumstances. Courts and tribunals will continue to have the ability to depart from this weighting undersection 117(A)(2) of the Nationality, Immigration and Asylum Act 2002.
170. Subsection (5) amends section 117B(5) of the Nationality, Immigration and Asylum Act 2002 so that family life and private life should both be given little weight if established when a person’s immigration status in the UK is precarious.
171. Subsection (6) amends section 117B(6) of the Nationality, Immigration and Asylum Act 2002 by inserting new paragraph 117B(6)(c) so that in considering whether the public interest requires removal, where the person has a genuine and subsisting parental relationship with a qualifying child and it would not be reasonable to expect the child to leave the UK, courts or tribunals should now also consider whether a person’s removal from the UK would have a very significant and long- lasting adverse effect on the child if the child were to remain in the UK.
172. Subsection (7) inserts new subsection 117B(7) into the Nationality, Immigration and Asylum Act 2002 setting out when it would not be reasonable to expect a qualifying child to leave the UK. These conditions relate to the provision of education, obstacles to integration and any significant, long term adverse effect that would be had on the child
Amendments tabled 5 · 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 16, line 22, leave out Clause 19
No explanatory statement was published with this amendment.
Green Party: Siân Berry, Green Spokesperson (Home)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment inserts a new public interest consideration into section 117B of the Nationality, Immigration and Asylum Act 2002, requiring a court or tribunal to take into consideration the effects of violence against women and girls when deciding whether an interference with a person’s Article 8 rights is justified.
Effect on the clause · the printed text with this amendment applied
16:42and
17:1(c) are otherwise of good character.”
(3AB) It is in the public interest, and in particular in the interests of the elimination of violence against women and girls, that due regard be given to circumstances arising from a person who seeks to enter or remain in the United Kingdom being a victim of violence against women and girls, including domestic abuse (within the meaning of Part 1 of the Domestic Abuse Act 2021).
17:2(4) For subsection (4) substitute—
The amendment · as tabled, addressed to the printed Bill
Clause 19, page 17, line 1, at end insert—
“(3AB) It is in the public interest, and in particular in the interests of the elimination of violence against women and girls, that due regard be given to circumstances arising from a person who seeks to enter or remain in the United Kingdom being a victim of violence against women and girls, including domestic abuse (within the meaning of Part 1 of the Domestic Abuse Act 2021).”
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 new “good character” consideration to be applied in the same way as the good character requirement for naturalisation as a British citizen.
Effect on the clause · the printed text with this amendment applied
16:42and
17:1(c) are otherwise of good character.”
(3B) In determining for the purposes of subsection (3A)(c) whether a person is of good character, the court or tribunal must apply the guidance issued by the Secretary of State for the purposes of the good character requirement in paragraph 1(1)(b) of Schedule 1 to the British Nationality Act 1981, as that guidance has effect from time to time.
17:2(4) For subsection (4) substitute—
The amendment · as tabled, addressed to the printed Bill
Clause 19, page 17, line 1, at end insert—
“(3B) In determining for the purposes of subsection (3A)(c) whether a person is of good character, the court or tribunal must apply the guidance issued by the Secretary of State for the purposes of the good character requirement in paragraph 1(1)(b) of Schedule 1 to the British Nationality Act 1981, as that guidance has effect from time to time.”
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, rather than advise, that no weight is given to private or family life established while a person is in the United Kingdom unlawfully, with leave obtained by deception or in serious breach of their conditions.
Effect on the clause · the printed text with this amendment applied
17:2(4) For subsection (4) substitute—
17:3“(4) No weight shouldmust be given to a private or family life established by
17:4a person at a time when the person is in the United Kingdom and—
The amendment · as tabled, addressed to the printed Bill
Clause 19, page 17, line 3, leave out “should” and insert “must”
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 probing amendment would apply the “no weight” rule to private or family life established while a person is in any form of breach of a condition of their leave, not just a ‘serious’ breach.
Effect on the clause · the printed text with this amendment applied
17:6but do not have it or obtained it by deception, or
17:7(b) they are in serious breach of a condition attached to their leave
17:8to enter or remain.”
The amendment · as tabled, addressed to the printed Bill
Clause 19, page 17, line 7, leave out “serious”