Appendix FM: Section EX

Produced in partnership with Jo Renshaw of Turpin Miller
Practice notes

Appendix FM: Section EX

Produced in partnership with Jo Renshaw of Turpin Miller

Practice notes

The five-year partner and parent routes in the Immigration Rules, Appendix FM have strict eligibility Requirements. If an applicant partner or parent is applying for Leave to remain and cannot meet all the requirements, consideration will be given to whether the Immigration Rules, Appendix FM, para EX.1 applies. This is one of the three arms of the ten-year route to settlement for such applicants (the other two being the ‘Exceptional circumstances’ provisions in the Immigration Rules, Appendix FM, paras GEN.3.1 and GEN.3.2). This Practice Note looks at whether para EX.1 will apply.

The clearest example of where para EX.1 will be the most relevant/appropriate provision is where the applicant partner has a genuine and subsisting parental relationship with a British child.

For applications by partners, para EX.1 may be relevant where:

  1. the applicant partner is in a genuine and subsisting relationship with the sponsoring partner but cannot meet certain of the requirements of Appendix FM, Family life as a partner

  2. the applicant partner is in a genuine and subsisting relationship with the sponsoring partner

Jo Renshaw
Jo Renshaw

Jo has practised exclusively in Immigration law since qualification in 1993. She is qualified to practice in both Australia and the United Kingdom and has worked as an immigration solicitor for many years in both jurisdictions.

She joined Turpin and Miller Solicitors in 2005, becoming a Partner in 2008. She has been head of the firm's large Immigration Team since 2007. She has worked as a Peer Reviewer in the Immigration category and is one of only a small number of Immigration practitioners accredited by the Law Society at Advanced Level.

Jo's practice is broad based and covers all aspects of immigration and asylum law. She is a member of the firm's specialist Skilled Migration Team and has a particular interest in Points Based matters. Throughout her career she has also had a keen interest in Asylum work, heading the Refugee Advice Service at a national level in Australia prior to returning to the UK. She has maintained this expertise at Turpin and Miller, acts as external legal advisor to an asylum charity based in Southampton and gives training on all aspects of asylum law to charities, social services departments and other voluntary bodies.

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Jurisdiction(s):
United Kingdom
Key definition:
Appendix FM definition
What does Appendix FM mean?

An appendix within the rules'>Immigration Rules providing a route for applications based on family life, made on or after 9 July 2012. The provision caters for applications made as a partner, bereaved partner, victim of domestic abuse, child, parent, adult dependant relatives and those with exceptional circumstances.

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