Member

Article 8 is a qualified right, which means we are not prevented from removing individuals or refusing an application to move to the UK if it is in the public interest. To narrow Article 8 rights, we will therefore make three important changes, in both domestic law and to our immigration rules. First, we will define what, exactly, a family is—narrowing it down to parents and their children. Secondly, we will define the public interest test so that the default becomes a removal or refusal, with Article 8 rights only permissible in the most exceptional circumstances. Thirdly, we will tighten where Article 8 claims can be heard, ensuring only those who are living in the UK can lodge a claim, rather than their family members overseas, and that all claims are heard first by the Home Office and not in a courtroom.