Member

136: After Clause 41, insert the following new Clause— “Amendment to section 117C of the Nationality, Immigration and Asylum Act 2002For section 117C(5) of the Nationality, Immigration and Asylum Act 2002 substitute—“(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—(a) the effect of C’s deportation on the partner would be unduly harsh, or(b) it would not be reasonable to expect the child to leave the UK and it would not be reasonable to expect the child to remain in the UK without C.”” Member's explanatory statement This new Clause seeks to ensure that an Article 8 ECHR human rights claim by a foreign criminal sentenced to less than 4 years’ imprisonment can succeed if certain conditions are met. These include that they have a genuine and subsisting parental relationship with a qualifying child (that is, a British child or a child who has resided in the UK for more than 7 years) or a qualifying partner (that is, a British citizen, or someone settled in the UK within the meaning of the Immigration Act 1971).