The Home Office has announced sweeping changes to asylum rules, stating that migrants who establish family life while in the UK illegally will have their human rights claims disregarded. Under the new guidance, Home Secretary Shabana Mahmood has instructed officials to give "no weight" to Article 8 claims when the family unit was formed while the individual had no legal right to remain in the country.
New Burden of Proof for Foreign Criminals and Offenders
Foreign criminals, failed asylum seekers, and immigration offenders will now be required to demonstrate a "genuine and subsisting relationship" to avoid deportation. The move addresses concerns that sex offenders, paedophiles, drug dealers, and killers have been evading removal by citing Article 8 rights, even when they are not actively involved in their children's lives.
The Home Office stated: "No weight should be given to family or private life established by a person when they are in the UK and require leave to enter or remain in the UK." Official documents revealed that in 2022, 39% of first-time in-country family and private life grants were made to illegal entrants, and 38% to overstayers, indicating that immigration breaches were not being given sufficient weight in public interest tests.
Crackdown on System Abuse
The Home Office highlighted that current legislation allows for less weight to be given to private and family life developed while an individual has temporary or unlawful status, but these provisions do not apply to all types of family life. Individuals who have exhausted their appeal rights are also able to continue accruing family and private life rights in the UK, despite being expected to leave. This, the Home Office said, encourages delay and evasion of immigration action, motivating non-compliance and rewarding system misuse.
Shadow Home Secretary Chris Philp criticised the changes as "minor tweaks" that would make no practical difference. He argued that the only way to end legal immigration is to withdraw from the European Convention on Human Rights and the modern slavery treaty, enabling all illegal immigrants to be deported within a week of arrival. He dismissed the Labour government's measures as "gimmicks" and "performative."
Migrants to Face Monthly Bills for Accommodation
In a separate development, the Home Office announced that migrants will face monthly bills for their accommodation, with the Home Secretary empowered to deduct payments from benefit receipts. Those granted the right to work after their asylum claims are accepted will be required to begin repaying costs. Refugees will be barred from gaining settlement rights until they have paid back the money, with expected costs around £10,000 per person.
Home Secretary Shabana Mahmood said: "The cost of asylum accommodation on the British taxpayer is too high. We have already reduced asylum costs by £1bn, but it is also right that we ask those who can contribute to do so. Receiving asylum support is a right, but it is also a responsibility. Once people can contribute and repay the generosity of the British people, we expect them to do so."
Government Spending and Accommodation Plans
The Government reported spending £4 billion on accommodation and support for asylum seekers last year. The Home Office estimates the average cost per person per night is £23.25 in dispersal accommodation and £144 in hotels, with subsistence payments ranging from £9.95 to £49.18 per person per week. The Home Secretary will have the power to adjust charges and thresholds as officials aim to slash the £4 billion asylum bill.
The Immigration and Asylum Bill, set to be introduced to Parliament on Tuesday, will include the powers needed to recover costs. Labour is also ramping up efforts to close asylum hotels by moving migrants into houses, flats, bedsits, and former military sites. Almost 70,000 asylum seekers are currently living in dispersal accommodation, including large houses in multiple occupation. An additional 10,000 asylum seekers are set to be moved into properties in London, southern counties, and Wales, according to the CEO of Clearspring Ready Homes. Hundreds could be accommodated in properties shared with local authorities for social housing.
