Immigration: Offenders
Home Department

Charlie Elphicke (Dover, Conservative)

To ask the Secretary of State for the Home Department whether she has reviewed the extent to which the right to family life is being invoked by convicted offenders who are not UK citizens and who are seeking to remain in the UK following sentence; and if she will make a statement.

Mark Harper (Forest of Dean, Conservative)

In 2011-12, 409 appeals against foreign national offenders’ deportations were allowed. Of these, 177 were allowed on the grounds of article 8 of the European Convention on Human Rights (ECHR)—the right to family and private life.

New immigration rules came in to force on 9 July 2012 following the Government's intent to redress the balance between the family rights of criminals and illegal migrants and the rights of the British public. Only in exceptional circumstances will family life, the best interests of a child or private life outweigh criminality and the public interest in seeing foreign national offenders deported where they have received a custodial sentence of at least four years.

In most cases deportation will continue to be proportionate where the foreign national has received a custodial sentence of at least 12 months, or has received a custodial sentence of less than 12 months and their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.