(1)Part 5A of the Nationality, Immigration and Asylum Act 2002 (Article 8 of the ECHR) is amended as set out in subsections (2) to (4).
(2)In section 117A (application of Part 5A), in subsection (2)(b), for “the deportation of foreign criminals” substitute “deportation”.
(3)For section 117C (additional considerations in cases involving foreign criminals) substitute—
117CArticle 8: cases involving foreign criminals and others liable to deportation
(1)Where a person is liable to deportation, the public interest, and in particular the interest in public safety and the prevention of disorder or crime, requires their deportation unless its effect on the person or a member of their family would be disproportionate.
(2)The more serious—
(a)an offence committed by a person,
(b)the nature and circumstances of a person’s offending, or
(c)the impact of a person’s offending on society as a whole,
the greater is the public interest in the person’s deportation.
(3)The effect of a person’s deportation will be disproportionate if (and only if)—
(a)one (or more) of the following sets of exceptional circumstances applies, and
(b)the interference with a person’s rights under Article 8 that exist by virtue of those exceptional circumstances cannot be justified by the public interest in favour of the person’s deportation (see subsections (1) and (2) and section 117B(1) to (5)).
(4)The first set of exceptional circumstances applies where—
(a)the person has been lawfully resident in the United Kingdom for most of their life,
(b)the person is socially and culturally integrated in the United Kingdom, and
(c)there would be very significant obstacles to the person’s integration into the country to which they are proposed to be deported.
(5)The second set of exceptional circumstances applies where the person has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of the person’s deportation on the partner or child would be unduly harsh.
(6)The third set of exceptional circumstances applies where there are otherwise very compelling circumstances indicating that the person (or a member of their family) has a claim under Article 8 which is at least as strong as if the circumstances in subsection (4) or (5) applied.
(4)In section 117D (interpretation)—
(a)after subsection (1) insert—;
(1A)For the purposes of this Part, a person is “liable to deportation” if they are liable to deportation under section 3(5)(a) or (6) of the Immigration Act 1971.
(b)omit subsections (2) to (4).
(5)In section 45 of the Sentencing Act 2026 (deportation of foreign criminals), omit subsection (2).
Amends Nationality, Immigration and Asylum Act 2002, section 117A — Application of this Part
Nationality, Immigration and Asylum Act 2002 — section 117A
(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.
(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 criminalsdeportation, to the considerations listed in section 117C.
(3) In subsection (2), “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 ↗
Amends Nationality, Immigration and Asylum Act 2002, section 117C — Article 8: additional considerations in cases involving foreign criminals
Nationality, Immigration and Asylum Act 2002 — section 117C
(1) The deportation of foreign criminals is in the public interest.
(2) The more serious the offence committed by a foreign criminal, the greater is the public interest in deportation of the criminal.
(3) In the case of a foreign criminal (“C”) who has not been sentenced to a period of imprisonment of four years or more, the public interest requires C's deportation unless Exception 1 or Exception 2 applies.
(4) Exception 1 applies where—
(a) C has been lawfully resident in the United Kingdom for most of C's life,
(b) C is socially and culturally integrated in the United Kingdom, and
(c) there would be very significant obstacles to C's integration into the country to which C is proposed to be deported.
(5) Exception 2 applies where C has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of C's deportation on the partner or child would be unduly harsh.
(6) In the case of a foreign criminal who has been sentenced to a period of imprisonment of at least four years, the public interest requires deportation unless there are very compelling circumstances, over and above those described in Exceptions 1 and 2.
(7) The considerations in subsections (1) to (6) are to be taken into account where a court or tribunal is considering a decision to deport a foreign criminal only to the extent that the reason for the decision was the offence or offences for which the criminal has been convicted.
117C Article 8: cases involving foreign criminals and others liable to deportation
(1) Where a person is liable to deportation, the public interest, and in particular the interest in public safety and the prevention of disorder or crime, requires their deportation unless its effect on the person or a member of their family would be disproportionate.
(2) The more serious—
(a) an offence committed by a person,
(b) the nature and circumstances of a person’s offending, or
(c) the impact of a person’s offending on society as a whole,
the greater is the public interest in the person’s deportation.
(3) The effect of a person’s deportation will be disproportionate if (and only if)—
(a) one (or more) of the following sets of exceptional circumstances applies, and
(b) the interference with a person’s rights under Article 8 that exist by virtue of those exceptional circumstances cannot be justified by the public interest in favour of the person’s deportation (see subsections (1) and (2) and section 117B(1) to (5)).
(4) The first set of exceptional circumstances applies where—
(a) the person has been lawfully resident in the United Kingdom for most of their life,
(b) the person is socially and culturally integrated in the United Kingdom, and
(c) there would be very significant obstacles to the person’s integration into the country to which they are proposed to be deported.
(5) The second set of exceptional circumstances applies where the person has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of the person’s deportation on the partner or child would be unduly harsh.
(6) The third set of exceptional circumstances applies where there are otherwise very compelling circumstances indicating that the person (or a member of their family) has a claim under Article 8 which is at least as strong as if the circumstances in subsection (4) or (5) applied.
About the provision this changes
Cases citing s.117C: 124 — Kofi Osei-Bonsu v Secretary of State for The Home Department [2026] EWCA Civ 1304; The Secretary of State for the Home Department v Darius Hirtie [2026] EWCA Civ 1000; Entry Clearance Officer v FA [2026] EWCA Civ 1014
Amends Nationality, Immigration and Asylum Act 2002, section 117D — Interpretation of this Part
Nationality, Immigration and Asylum Act 2002 — section 117D
(1) In this Part—
“Article 8” means Article 8 of the European Convention on Human Rights;
“qualifying child” means a person who is under the age of 18 and who—
(a) is a British citizen, or
(b) has lived in the United Kingdom for a continuous period of seven years or more;
“qualifying partner” means a partner who—
(a) is a British citizen, or
(b) who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act).
(1A) For the purposes of this Part, a person is “liable to deportation” if they are liable to deportation under section 3(5)(a) or (6) of the Immigration Act 1971.
(2) In this Part, “foreign criminal” means a person—
(a) who is not a British citizen,
(b) who has been convicted in the United Kingdom of an offence, and
(c) who—
(i) has been sentenced to a period of imprisonment of at least 12 months,
(ii) has been convicted of an offence that has caused serious harm, or
(iii) is a persistent offender.
(3) For the purposes of subsection (2)(b), a person subject to an order under—
(a) section 5 of the Criminal Procedure (Insanity) Act 1964 (insanity etc),
(b) section 57 of the Criminal Procedure (Scotland) Act 1995 (insanity etc), or
(c) Article 50A of the Mental Health (Northern Ireland) Order 1986 (insanity etc),
(4) In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time—
(a) ................................
(b) do not include a person who has been sentenced to a period of imprisonment of that length of time only by virtue of being sentenced to consecutive sentences amounting in aggregate to that length of time;
(c) include a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders) for that length of time; and
(d) include a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period, provided that it may last for at least that length of time.
(5) If any question arises for the purposes of this Part as to whether a person is a British citizen, it is for the person asserting that fact to prove it.
About the provision this changes
Cases citing s.117D: 58 — 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; Mohammed Sury Dabo v Secretary of State for The Home Department [2026] EWCA Civ 907
Free Movement articles: Considerations in all cases (section 117B) ↗; Immigration Rules on making a deportation order ↗
Amends Sentencing Act 2026, section 45 — Deportation of foreign criminals
Sentencing Act 2026 — section 45
(1) In section 38(1) of the UK Borders Act 2007 (meaning of “period of imprisonment” for purposes of condition 1 in definition of “foreign criminal”), omit paragraph (a).
(2) In section 117D(4) of the Nationality, Immigration and Asylum Act 2002 (meaning of “period of imprisonment” for purposes of definition of “foreign criminal”), omit paragraph (a).
Explanatory Notes · published by the Government with the Bill
173. This clause amends sections 117C and 117D of the Nationality, Immigration and Asylum Act 2002, which sets out the additional considerations that courts or tribunals should have regard to when deciding, in a case involving a foreign criminal or other person who is liable to deportation, if an interference with a person’s Article 8 rights is justified.
174. Subsection (2) amends section 117A of the Nationality, Immigration and Asylum Act 2002 to reflect the additional considerations in section 117C will apply to all persons liable to deportation.
175. Subsection (3) substitutes a new section 117C into the Nationality, Immigration and Asylum Act 2002. New section 117C applies to all persons liable to deportation under sections 3(5) and (6) of the Immigration Act 1971. New section 117C(1) sets out where a person is liable to deportation, the public interest, and in particular that pertaining to public safety and the prevention of disorder or crime requires their deportation unless its effect, either on that person or a member of their family would be disproportionate. New section 117C(2) sets out that there is a greater public interest in deporting a person if the offence, the nature and circumstances of the offending or the impact of the offending on society is more serious.
176. New section 117C(3) sets out that the effect of deportation will be disproportionate only where one or more of the exceptional circumstances as set out in subsections (4), (5) or (6) apply and the interference with a person’s Article 8 rights cannot be justified by the public interest in deportation.
177. New section 117C(4) sets out the first set of exceptional circumstances. This requires that the person has been lawfully resident in the UK for most of their life; is socially and culturally integrated in the UK and that there would be very significant obstacles to the person’s integration into the country to which they will be deported.
178. New section 117C(5) sets out the second set of exceptional circumstances. This requires that the person has a genuine and subsisting relationship with a qualifying partner or a genuine and subsisting relationship with a qualifying child and the effect of deportation on the partner or child would be unduly harsh.
179. New section 117C(6) sets out the third set of exceptional circumstances. This applies where there are otherwise very compelling circumstances indicating that the person or a family member has an Article 8 claim which is at least as strong as the circumstances in subsections (4) or (5).
180. Subsection 4 amends the definitions in section 117D of the Nationality, Immigration and Asylum Act 2002.
181. Subsection 5 amends the Sentencing Act 2026 to remove the reference to section 117D(4) of the Nationality, Immigration and Asylum Act 2002.
Amendments tabled 5
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: 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 restore the current rule that a foreign national sentenced to four years or more cannot resist deportation by relying on the long-residence or “unduly harsh” exceptions and must show very compelling circumstances over and above them.
Effect on the clause · the printed text with this amendment applied
18:12by the public interest in favour of the person’s deportation (see
18:13subsections (1) and (2) and section 117B(1) to (5)).
(3A) Where a person has been sentenced to a period of imprisonment of at least four years—
(a) the first and second sets of exceptional circumstances do not apply, and
(b) the third set of exceptional circumstances applies only where there are very compelling circumstances over and above those described in subsections (4) and (5).
18:14(4) The first set of exceptional circumstances applies where—
The amendment · as tabled, addressed to the printed Bill
Clause 20, page 18, line 13, at end insert—
“(3A) Where a person has been sentenced to a period of imprisonment of at least four years—
(a) the first and second sets of exceptional circumstances do not apply, and
(b) the third set of exceptional circumstances applies only where there are very compelling circumstances over and above those described in subsections (4) and (5).”
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 prevent foreign nationals convicted of specified violent, sexual or terrorism offences, or sexual offences against children, from resisting deportation on the long-residence or “unduly harsh” family grounds, whatever their sentence.
Effect on the clause · the printed text with this amendment applied
18:12by the public interest in favour of the person’s deportation (see
18:13subsections (1) and (2) and section 117B(1) to (5)).
(3A) The first and second sets of exceptional circumstances do not apply where a person has been convicted of—
(a) a specified offence within the meaning of section 306 of the Sentencing Code, or
(b) an offence listed in Schedule 3 to the Sexual Offences Act 2003 committed against a person under the age of 18.
18:14(4) The first set of exceptional circumstances applies where—
The amendment · as tabled, addressed to the printed Bill
Clause 20, page 18, line 13, at end insert—
“(3A) The first and second sets of exceptional circumstances do not apply where a person has been convicted of—
(a) a specified offence within the meaning of section 306 of the Sentencing Code, or
(b) an offence listed in Schedule 3 to the Sexual Offences Act 2003 committed against a person under the age of 18.”
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 very compelling circumstances going beyond the long-residence and family exceptions, rather than circumstances merely “at least as strong as” them, restoring the formulation in the current section 117C(6).
Effect on the clause · the printed text with this amendment applied
18:28otherwise very compelling circumstances indicating that the person
18:29(or a member of their family) has a claim under Article 8 which is at
18:30least as strong as if the circumstances in subsection (4) or (5) applied.” over and above that which would arise if the circumstances in subsection (4) or (5) applied.
18:31(4) In section 117D (interpretation)—
The amendment · as tabled, addressed to the printed Bill
Clause 20, page 18, line 29, leave out from “is” to end of line 30 and insert “over and above that which would arise if the circumstances in subsection (4) or (5) applied.”
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 probing amendment would include family members of a deportee within the definition of a person liable to deportation for the purposes of Part 5A.
Effect on the clause · the printed text with this amendment applied
18:33“(1A) For the purposes of this Part, a person is “liable to deportation”
18:34if they are liable to deportation under section 3(5)(a), (5)(b) or (6) of
18:35the Immigration Act 1971.”;
The amendment · as tabled, addressed to the printed Bill
Clause 20, page 18, line 34, after “3(5)(a)” insert “, (5)(b)”
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 is related to Amendment 107. It would retain section 117D(4) of the Nationality, Immigration and Asylum Act 2002, which sets out how a period of imprisonment is calculated for the purposes of Part 5A of that Act.
Effect on the clause · the printed text with this amendment applied
18:35the Immigration Act 1971.”;
18:36(b) omit subsections (2) to (4)(2) and (3).
18:37(5) In section 45 of the Sentencing Act 2026 (deportation of foreign criminals),
The amendment · as tabled, addressed to the printed Bill
Clause 20, page 18, line 36, leave out “(2) to (4)” and insert “(2) and (3)”