They have a genuine and subsisting relationship.The Applicant and their partner are not within the prohibited degree of relationship.The Applicant and their partner are both aged 18 and above.The Applicant’s partner is either British, present and settled in the UK, in the UK with refugee leave or with humanitarian protection, in the UK with limited leave under Appendix EU, in accordance with paragraph GEN 1.3.(d), or in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay, in accordance with paragraph GEN.1.3.(e).The relationship requirements are as follows: The relevant paragraphs in the Immigration Rules for entry clearance are E-ECP.2.1. The relationship requirements in Appendix FM must be met for leave to remain as a partner under the exception. What are the Requirements That Must Be Met? We have previously set out the strict eligibility requirements for a grant of leave to remain on a 5-year route to settlement for the Partner routes (including the Spouse Visa, Civil Partner Visa, Unmarried Partner Visa, Fiance Visa and Proposed Civil Partner Visa).Įxamples of the requirements that do not need to be met include the financial requirement, accommodation requirement, English language requirement and immigration status (not in the UK as a visitor) requirement. This is not a standalone provision but applies when a partner meets some of the requirements and qualifies for an exception to the other requirements because EX.1. If a partner cannot meet all the requirements for entry clearance or leave to remain on the 5-year route then there may be a possibility to rely on the exception outlined in Section EX.1. a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least 2 years prior to the date of application.the applicant’s fiancé, fiancée or proposed civil partner.of the general provisions in Appendix FM as one of the following: This post explores the exception within Appendix FM and specifically, ‘insurmountable obstacles’.Ī ‘partner’ is defined under paragraph GEN.1.2. Partners may still be entitled to leave to remain due to their right to private and family life if they are able to show they would face insurmountable obstacles to family life continuing outside the UK with their partner. This attests if you are a British citizen or Settled in the UK you should be able to live with your foreign partner and enjoy family life together. of Appendix FM to extend their stay and eventually settle in the UK on the 10-year route.Īrticle 8 of the European Convention on Human Rights (ECHR) protects your right to respect for private and family life. If a partner is unable to meet the strict requirements of the 5-year partner route they may be able to rely on the exception set out in EX.1. This can be your undoing–or it can be a reminder that you’re stronger than you realize and can do a lot more than you think.Partner applications under Appendix FM of the Immigration Rules contain strict eligibility requirements for a grant of leave to remain on the 5-year route to settlement. If you’re dealing with an obstacle that seems insurmountable, remember that things are rarely what they seem. But I know that when everything seems challenging and nothing makes sense, it’s tremendously helpful to remember that possibility starts with the strength and courage to recognize it. Because of that belief, Bethany has continued to compete in national surf championships while traveling all over the world to help other people dealing with adversity.Īs someone with a lifelong phobia of sharks, I can’t say for certain I’d get back in the water after an attack that took a limb. Lots of things were different, but lots of things were still possible. What kept her going was knowing she didn’t lose everything. This would be difficult for anyone, but especially someone so young.īethany lost 60% of her blood that day, and after turning down a lifelike but non-functional prosthetic arm, soon realized she had to relearn almost everything. I recently saw the movie Soul Surfer about Bethany Hamilton, the professional surfer who lost an arm in a shark attack in 2003 when she was just 13 years old. “A hard fall means a high bounce…if you’re made of the right material.” -Unknown
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