The Home Office updated its caseworker guidance on Article 8 claims in criminal deportation cases on 22 March 2026, bringing suspended sentences of at least 12 months within the "foreign criminal" definition for convictions on or after that date.
Key facts
- Who: Foreign nationals facing deportation because of a criminal conviction who raise a private or family life (Article 8) claim, and the people who support them
- From: 22 March 2026, for people convicted on or after that date
- Source: Criminality guidance in article 8 ECHR cases: caseworker guidance (version 10.0)
Version 10.0 of the UK Visas and Immigration guidance for decision makers was published on 22 March 2026. It sets out how the Home Office must weigh a claim that deportation would breach Article 8 of the European Convention on Human Rights, the right to respect for private and family life.
The update reflects changes made by the Sentencing Act 2026 to the automatic deportation provision in the UK Borders Act 2007 and to Part 5A of the Nationality, Immigration and Asylum Act 2002.
What changed
Section 45 of the Sentencing Act 2026 amended the definition of a "foreign criminal" in section 117D of the 2002 Act. It now includes a person given a suspended sentence of at least 12 months. This came into force on 22 March 2026 for people convicted on or after that date.
The guidance applies the same change to the criminality thresholds in Part 13 of the Immigration Rules. An Article 8 claim from someone sentenced to imprisonment of at least 12 months now includes a suspended sentence of at least 12 months, for convictions on or after 22 March 2026. Other routes into those thresholds remain: an offence that caused serious harm, or being a persistent offender.
How claims are assessed
The guidance sets out that, for sentences under four years, deportation is not appropriate if an exception applies:
- a genuine and subsisting relationship with a qualifying partner or qualifying child, where deportation would be unduly harsh on them; or
- lawful residence for most of the person's life, social and cultural integration in the UK, and very significant obstacles to integration in the country of return.
If neither exception is met, the claim succeeds only where there are very compelling circumstances over and above those exceptions. For a sentence of at least four years, the exceptions do not apply and the person must show very compelling circumstances.
A qualifying child is under 18 and either a British citizen or has lived in the UK continuously for seven years or more. A qualifying partner is a British citizen or is settled in the UK. Where an Article 8 claim succeeds, paragraphs 13.3.1 and 13.3.2 of the Immigration Rules set out the provisions for granting leave to remain.
The guidance also tells caseworkers that documentary evidence from official or independent sources is given more weight than unsubstantiated assertions about a child's best interests. Claims about English language and financial independence are likewise given less weight if not backed by original, independent and verifiable documents.
What this means for people facing deportation
A suspended sentence can now count towards the 12-month threshold, but only for convictions on or after 22 March 2026. The sentence imposed and the date of conviction therefore matter.
Caseworkers are told to give more weight to documentary evidence from official or independent sources than to unsupported statements. Anyone facing deportation should get legal advice before any deadline passes.
Sources
- Home Office, UK Visas and Immigration: Criminality guidance in article 8 ECHR cases: caseworker guidance, updated 22 March 2026