Immigration claims based on 'exceptional circumstances' provisions of the Human Rights Act are to be restricted under the government's much-trailed immigration proposals announced today. The white paper entitled 'Restoring control over the immigration system' states that in recent years, the number of Article 8 decided by the Home Office and the courts on the basis of exceptional circumstances has' substantially increased'.

'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,' the paper continues. 

A new family policy, to be set out before the end of the year, wll ensure 'only those in genuine, subsisting relationships' qualify for residency, reduce forced marriage and include protections for victims of domestic abuse, the paper states. The policy will 'ensure the family unit has sufficient money financially to support any migrants without relying on the taxpayer '. 

Announcing the white paper, the government said the measure 'will reshape our immigration system towards those who contribute most to economic growth, with higher skills standards for graduates and workers'.

'Legislation will be brought forward to make clear it is the government and parliament that decides who should have the right to remain in the UK. This will address cases where Article 8 right to family life legal arguments are being used to frustrate deportation where removal is clearly in the public interest.'

Rules and processes for deporting foreign offenders will also be simplified, the paper states: 'Where a person is on a short- term 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.' 

On irregular migration, home secretary Yvette Cooper said: ‘Later this summer, we will set out further reforms to the asylum system and to border security in response to irregular and illegal migration, including plans for new legislation building on the new measures already set out in the Border Security, Asylum and Immigration Bill that is currently passing through parliament’.

Emma Brooksbank, partner and immigration specialist at national firm Freeths, attacked the basis of the government's announcement. 'Despite stating that these changes will deliver radical reform of the immigration system, this white paper is based on the same fallacy as previous immigration reform, namely that net migration figures must be cut, no matter the cost to UK businesses.'