Exceptional circumstances applications are usually UK family visa applications under the partner and parent routes. When you fail to meet the financial or other requirements under Appendix FM of the Immigration Rules, you may still be able to obtain leave to enter or leave to remain based on exceptional circumstances. However, exceptional circumstances do not exempt you from all rules.
Where an applicant makes an exceptional circumstances application under the GEN 3.2 of Appendix FM as a spouse or partner they must be able to demonstrate to the Home Office that a refusal would lead to unjustifiable harsh consequences for their partner or child involved.
Please note, those who are granted leave to enter or remain based on exceptional circumstances can apply for settlement (indefinite leave to remain) after 10 years in the UK instead of 5 years.
Appendix FM is crucial for UK spouse visa. However, what happens when you cannot meet the minimum income requirements? In such situations, exceptional circumstances may offer your application a pathway forward.
You can apply as a spouse or partner for leave to enter or remain, even though you cannot meet the UK family visa financial or other requirements. However, you must prove to the Home Office that there are exceptional circumstances. Exceptional circumstances mean the Home Office decision to refuse your application would result in unjustifiably harsh consequences for you and your family, or in other words, it would breach your or your family member’s rights under Article 8 ECHR.
Usually, applications are made based on exceptional circumstances when your sponsoring family member is unable to meet the Appendix FM financial requirements or other relevant requirements under the Appendix FM of the Immigration Rules.
The sponsoring family member (also known as ‘sponsor’) can be a British citizen or a person holding settled status in the UK, among others.
Generally, we see all applicants consider their circumstances to be exceptional, however, the test of proving exceptional circumstances is a high one. It is not enough to demonstrate that your circumstances are difficult or unusual, or that you almost meet the requirements of the Immigration Rules. You must prove that the consequences of a refusal by the Home Office would be disproportionate and not justified by the public interest, for example, that in maintaining effective immigration control.
The UK immigration rules now provide a complete framework for consideration of applications based on exceptional circumstances under Article 8 ECHR, the right to private and family life of the applicant and other relevant family members (especially children). Under the immigration rules, an application for leave to enter or remain should only be granted if a refusal would result in “unjustifiably harsh consequences” – a high threshold.
Even though you are applying based on exceptional circumstances, you will need to meet some necessary suitability and eligibility requirements to succeed under the immigration rules.
While considering whether you meet the suitability criteria, the Home Office will look at your character and the reasons why it should not admit or allow you to remain in the UK. You must usually meet the majority of these requirements even when you make an application based on exceptional circumstances.
Suitability criteria required to obtain leave to enter or remain in the UK are quite similar, and mainly look at whether you are subject to an exclusion or a deportation order or have been convicted of an offence for which you have been sentenced to imprisonment.
If your presence in the UK is deemed to be not conducive to the public good, your applications will be refused.
The immigration rules deal with exceptional circumstances in two parts of Appendix FM. The first part can be used for both applications for leave to enter and in applications for leave to remain. The second part can be used for exceptions to certain eligibility requirements for applications only for leave to remain as a partner or parent.
In this article, we are going to discuss the first part, which deals with exceptional circumstances.
Normally, applicants must prove that they meet the minimum income requirements by sending the specified evidence to the Home Office. The minimum annual income requirement to sponsor a spouse or civil partner for applications made on or after 11 April 2024 is £29,000, with no additional income requirement for children applying.
Exceptions to the financial requirements mean that if your sponsor’s income (or the sponsor and your income if you are legally in the UK) is below the minimum income threshold of £29,000 or is coming from sources other than those specified in the Rules, you and your partner can rely on other sources of support. These other sources of support are listed in Appendix FM-SE, which lists the specific evidence that must be provided in applications made by family members.
However, the Home Office will consider these other sources of funds only in cases where refusal of leave to enter or remain would result in “unjustifiably harsh consequences” for you and your family.
Home Office has to be satisfied that the sources of income you have declared are likely to be genuine and effective. To prove this, you will need to submit good documentary evidence.
What if you and your sponsor meet the financial requirements but not some other element of Appendix FM? The decision-maker must, based on the information you have provided, consider whether there are exceptional circumstances and therefore refusal of entry clearance, or leave to enter or remain, would breach the ECHR Article 8 that would result in unjustifiably harsh consequences for you, your partner, and any child, among others, whose Article 8 rights would be affected, as is evident from the information you have provided.
Relevant child” means a person who is under the age of 18 years on the date of the application and would be affected by a decision to refuse the application, as it is evident from the information provided by the applicant.
Therefore, in cases where children are involved, the Home Office, while making a decision, has to take the child’s best interests into account.
Some Example of exceptional circumstances are medical grounds, or war in the country the partner is required to leave or children from other partner and breaches the human rights of the other parent.
Exceptional circumstances provide a pathway to applicants who are unable to meet the standard UK spouse visa requirements. However, the success of their applications hinges on presenting compelling evidence of what could be the severity of potential consequences.
For this, we help you prepare for the applications for entry clearance, leave to enter or remain meticulously, as we understand the UK immigration rules and processes.
For more information on UK spouse visa applications, you can reach out to our team at +44 (0) 20 3411 1261 to learn more.
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