Today's White Paper says a new framework will set out clear rules for individuals seeking to enter or remain in the UK on exceptional grounds
The Government's newly published White Paper (see our earlier article here) on immigration sets out intention to reform how immigration cases based on 'exceptional circumstances' are handled, particularly those invoking Article 8 of the European Convention on Human Rights, which protects the right to family and private life.
Image credit: UK Government The White Paper states: "Unfortunately, over the years, the system for family migration has become overly complex, developing increasingly around court decisions and case law, including court interpretations of Article 8 of the Human Rights Act (based on Article 8 of the European Convention on Human Rights (ECHR)). An overly high proportion of family-related immigration cases are now decided on the basis that they are 'exceptional' to the normal rules, rather than being in line with the rules set down by Parliament, and that undermines control and confidence."
According to the White paper, a new framework will be introduced that will set out clear rules for individuals seeking to enter or remain in the UK on exceptional grounds, where they do not fall within existing family immigration policies.
The Government says its proposals aim to strike a new balance between individual rights and the UK's economic and social interests. Legislation will be brought forward to define more precisely when exceptional circumstances can apply, reduce opportunities to circumvent immigration controls, and ensure that serious criminal behaviour leads swiftly to deportation.
The full section of the White Paper outlining these changes is reproduced below:
HM Government
Restoring Control over the Immigration System
May 2025
CP 326
[…]
Presented to Parliament
by the Secretary of State for the Home Department
by Command of His Majesty
[…]
EXCEPTIONAL CIRCUMSTANCES
150. There have long been family rules and entitlements within the UK system for close family members to reunite across borders. There have also long been provisions which allow for exceptional circumstances which draw on Article 8 of the Human Rights Act and ECHR, which expresses the right to for a "respect for family and private life". [55] However, increasingly in recent years, the number of cases decided by the Home Office and the courts on the basis of 'exceptional circumstances' has substantially increased.
151. There will always be exceptional cases, but greater specificity about where the balance is considered to lie in the majority of cases will reduce the volume and clarify the approach for applicants, caseworkers and the courts.
152. In order to ensure that Parliament sets the boundaries within our international obligations, we will set out a clear framework to be endorsed by Parliament for those seeking to enter or stay in the UK, including on the basis of exceptional circumstances, who do not fall within our family policies.
153. This framework will reflect a fair balance between individual circumstances and the UK's economic and social interest and will be flexible enough to ensure that the most vulnerable are not excluded.
154. This framework will also seek to limit successful claims from those who seek to:
• get round the rules, for example by falsely claiming an intention to come to the UK as a short-term visitor, and then seeking to stay on the basis of family relationships
• frustrate and delay removal with spurious claims in an attempt to stretch out their stay in the UK, and thereby increase the eventual likelihood of having an Article 8 claim upheld, and
• make immediate claims for wider family members after arriving in the UK including after making dangerous journeys to get here.
155. The framework will also include foreign national offenders and ensure that decision makers and the courts put appropriate weight on offending by people who have short term visas. As set out in the next chapter, where a person is on a shortterm visa and commits an offence, they should expect deportation to follow swiftly. We will also ensure that the Government's priorities on tackling crime and violence against women and girls are properly reflected in the new framework, including our missions to halve violence against women and girls and knife crime over the next decade.
156. To do this we will bring forward legislation to:
• strengthen the public interest test to make it clear that Parliament needs to be able to control our country's borders and take back control over who comes to, and stays in the UK, striking the right balance between individual family rights and the wider public interest
• clarify Article 8 rules and set out how they should apply in different immigration routes so that fewer cases are treated as "exceptional", and
• set out when and how a person can genuinely make a claim on the basis of exceptional circumstances.
157. This new framework will be underpinned by regular assessment and updates, so that the impact of migration on the country can be properly considered on a regular basis and balanced against individual circumstances when Article 8 immigration decisions are made.
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[55] Article 8: Respect for your private and family life, Equity and Human Rights Commission, published 4 June 2021. Available at: https://www.equalityhumanrights.com/human-rights/human-rights-act/article-8-respect your-private-and-family-life