Partners of British citizens, people who have settled in the UK, and those with limited refugee or humanitarian protection leave can all apply for permission to enter or remain in the UK through Appendix FM of the Immigration Rules.
Partners encompass both same-sex and opposite-sex spouses or civil partners for the rules. However, a professional team of immigration solicitors in London suggest couples who are not married but can demonstrate that they have lived together for at least two years in a relationship comparable to marriage or a civil partnership are also eligible to apply.
Several standards must be met to qualify under Appendix FM. For example, the applicant must demonstrate that their relationship with the sponsor is genuine and ongoing, that they have enough money or assets to meet the financial requirements, and that they are proficient in English.
As per the immigration advice service leave to enter or reside in the UK may still be granted when a candidate cannot satisfy Appendix FM’s requirements due to their capacity to exercise their right to a private and family life under Article 8 ECHR.
How, then, is this assessed? First, the applicant must show that, should the application be denied, they would suffer “insurmountable difficulties” in maintaining a family outside the UK, as described in paragraph EX1 of Appendix FM. It is a challenging bar to cross. It is not enough to demonstrate that one’s circumstances are difficult or inconvenient; one must also show that the Home Office’s refusal would have an unfavourable outcome and would not be in the public interest.
For more information, contact an experienced immigration advice service which will guide you clear all your queries.
The Immigration Rules define insurmountable obstacles as the significant challenges that the applicant or their partner would face in carrying on their family life together outside the UK, which could not be overcome or would result in highly severe hardship for the applicant or their partner.
The above examination is demanding, and the applicant must show that there are insurmountable impediments.
The Home Office’s guidance on insurmountable difficulties offers instances and considerations that may be important for determining whether an obstacle is insurmountable.
For example, should the couple or family be compelled to relocate, religious and cultural barriers resulting in same-sex couples experiencing persecution would provide substantial hardship for both the applicant and sponsor, thereby meeting the criteria for an insurmountable obstacle.
On the other hand, it expects that family life would be able to go on anyway, so a lack of familiarity with the spoken language in a specific country does not usually amount to an insurmountable impediment. A case-by-case analysis is used to determine if an applicant’s circumstances fulfil the standard for insurmountable barriers.
After collecting five years of leave under the Appendix FM method, it is possible to apply for settlement (indefinite leave to remain). However, candidates who wish to rely on exceptional circumstances must submit a 10-year settlement application.
Once they are in a position to fulfil all of the conditions of the Immigration Rules, applicants who have been granted leave under the 10-year route may apply for leave to remain under the five-year route.
Candidates and sponsors who rely on extraordinary circumstances must satisfy the requirements for appropriateness and relationship.
My Legal Services immigration advice service regarding family law and FM Appendix applications. Do not hesitate to contact our immigration solicitors in London if you want to discuss any of the problems identified in your specific situation.