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Section 117B: Article 8: public interest considerations applicable in all cases

Nationality, Immigration and Asylum Act 2002 · 2002 c. 41View on legislation.gov.uk

Part 5A: Article 8 of the ECHR: public interest considerations

The maintenance of effective immigration controls is in the public interest.

It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are able to speak English, because persons who can speak English—

are less of a burden on taxpayers, and
are better able to integrate into society.

It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are financially independent, because such persons—

are not a burden on taxpayers, and
are better able to integrate into society.

Little weight should be given to—

a private life, or
a relationship formed with a qualifying partner,

that is established by a person at a time when the person is in the United Kingdom unlawfully.

Little weight should be given to a private life established by a person at a time when the person's immigration status is precarious.

In the case of a person who is not liable to deportation, the public interest does not require the person's removal where—

the person has a genuine and subsisting parental relationship with a qualifying child, and
it would not be reasonable to expect the child to leave the United Kingdom.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.