UK Immigration Bill Clause 19(4) to give ‘no weight’ to private life established unlawfully
Clause 19(4) of the UK Immigration and Asylum Bill would require decision‑makers to give ‘no weight’ to private or family life established while a person was in the United Kingdom unlawfully, obtained leave by deception, or breached a condition. The proposal has no stated commencement date and targets applicants relying on Article 8 private‑family‑life grounds.
In this story
At a glance
- What changes
- Decision‑makers must give ‘no weight’ to private or family life formed while unlawful
- Timing
- Effective date not specified in the Bill
- Who is affected
- Applicants relying on Article 8 private‑family‑life claims established unlawfully
The details
- Announced by
- UK government
- Previous rule
- Section 117B of the Nationality, Immigration and Asylum Act 2002 requires judges to give ‘little weight’ to private or family life formed while a person was in the United Kingdom unlawfully.
- New rule
- Clause 19(4) of the Immigration and Asylum Bill would require decision‑makers to give ‘no weight’ to private or family life established when the person was unlawful, obtained leave by deception, or seriously breached a condition attached to their leave.
Legislative proposal
The government’s Immigration and Asylum Bill introduces Clause 19(4) to tighten the weighting given to Article 8 private‑family‑life considerations. The clause specifically targets situations where the relationship or private life began while the individual was in the United Kingdom without lawful status, where leave was obtained through deception, or where a serious breach of a leave condition occurred.
Current legal framework
Under section 117B of the 2002 Act, courts must give ‘little weight’ to private or family life that arose while the applicant’s immigration status was precarious. Section 117A(2)(a) requires courts only to have regard to that instruction, preserving limited flexibility for exceptional cases.
Potential impact and legal debate
The shift from ‘little weight’ to ‘no weight’ raises questions about parliamentary influence on proportionality assessments. While the Supreme Court in Rhuppiah (2018) affirmed some flexibility, Clause 19(4) would still leave section 117A(2)(a) intact, meaning courts must consider the new direction but are not forced to apply it rigidly. Critics argue the change could create a statutory ‘strait‑jacket’, limiting the ability to protect genuine private or family life, especially where children’s welfare is involved.
What this means for travellers
Trip planning
- Existing applicants with pending Article 8 claims should monitor the Bill’s progress as a change could affect the outcome of their cases.
- New applicants may face a higher threshold for private‑family‑life arguments if the clause is enacted.
Cost and documents
- No new fees are introduced by the proposal.
- Applicants will still need to provide the same evidence of private or family life as required under current rules.
What you need to do
- Track parliamentary debates on Clause 19(4) to understand when it may become law.
- Consult legal updates to see if existing cases are reassessed under the new weighting.
- Prepare to address the ‘no weight’ instruction in any future submissions if the clause is enacted.
Who this affects
-
Applicants relying on private/family life formed while unlawful
Clause 19(4) targets private or family life that began during unlawful residence.
What to do Must be prepared for the possibility that such connections will be given no weight in proportionality assessments.
-
Applicants who obtained leave by deception
The clause expressly includes cases where leave was secured through deception.
What to do Will need to demonstrate that the deception does not preclude consideration of private‑family‑life rights.
-
Applicants in serious breach of a leave condition
Clause 19(4) covers private or family life where a serious breach of a condition attached to leave occurred.
What to do Will face the ‘no weight’ rule unless an exception is found under section 117A(2)(a).
Frequently asked questions
What does ‘no weight’ mean for Article 8 claims?
‘No weight’ means decision‑makers must treat private or family life established under the specified circumstances as having no influence on the proportionality balance, unlike the current ‘little weight’ approach.
When will Clause 19(4) come into force?
The Bill does not specify an implementation date; the clause will take effect when the Immigration and Asylum Bill receives Royal Assent and any commencement regulations are issued.
Will existing Article 8 appeals be affected?
If the clause becomes law, pending appeals may be reassessed under the new ‘no weight’ rule, but courts retain limited discretion under section 117A(2)(a) to consider exceptional circumstances.
Does the proposal introduce new fees or paperwork?
No additional fees or document requirements are mentioned in the Bill; applicants continue to submit the same evidence as under current regulations.
How does Clause 19(4) differ from the current ‘little weight’ rule?
The current rule requires courts to give ‘little weight’ to private or family life formed while unlawful, whereas Clause 19(4) would require ‘no weight’, effectively removing that factor from the proportionality calculation.
