The government has tabled amendments to the Immigration and Asylum Bill, according to the BBC, in a bid to stop migrants abusing human rights laws to avoid removal from the UK. The Home Secretary says the measures target foreign criminals and others who misuse Article 8, the right to family life.
Key points
- Family life test — courts will have to consider how long and how often a parent has been in contact with their child.
- Late claims — asylum claims made at the last minute without good reason can damage a person's credibility.
- Expedited decisions — the bill already provides for faster handling of late claims that delay removal.
- Next stage — line-by-line scrutiny in Parliament begins next week.
Under the changes, decision makers will have to take the timing of evidence into account when assessing a claim. The bill already defines "family life" as normally limited to close, co-habiting relationships. The new amendments go further, stopping people from strengthening an Article 8 claim by moving back into the family home shortly before applying.
The bill passed its second reading in the House of Commons with a majority of 174 in July. It also sets up a mechanism requiring asylum seekers who receive taxpayer-funded accommodation and support to contribute to those costs once they can afford to. The payment will be a flat rate, with eligible adults paying regularly above a threshold set by the Home Secretary.
An Independent Immigration Appeals Authority will be created to handle appeals quickly and fairly. A single appeal route is planned so that new claims cannot be used to frustrate the system, along with one definition of a protection claim covering refugee status and humanitarian protection.
What it means in practice
The bill is still moving through Parliament, so nothing changes yet for people dealing with the Home Office or the courts. But the direction is clear: family life claims will be judged on the strength of the relationship and how recently it was lived, and late evidence will count against you.
- If you have a case in the system — keep evidence of your living arrangements, and get legal advice before making a late claim.
- If you receive asylum support — the planned flat-rate charge will apply once you earn above the threshold, so budget for it if the bill passes.
- Appeals — a single route and a new authority are meant to speed things up, but the rules will only bite once the bill becomes law.
