Appendix FM: Section EX
Produced in partnership with Jo Renshaw of Turpin Miller
Practice notesAppendix FM: Section EX
Produced in partnership with Jo Renshaw of Turpin Miller
Practice notesThe 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:
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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
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the applicant partner is in a genuine and subsisting relationship with the sponsoring partner
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