Family Life As A Partner Based On Insurmountable Obstacles

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 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. of Appendix FM to extend their stay and eventually settle in the UK on the 10-year route.

Article 8 of the European Convention on Human Rights (ECHR) protects your right to respect for private and family life. 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. 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 post explores the exception within Appendix FM and specifically, 'insurmountable