The following Immigration practice note Produced in partnership with Jo Renshaw of Turpin Miller provides comprehensive and up to date legal information covering:
If an applicant partner is applying for leave to remain and cannot meet all the requirements of Appendix FM, Family life as a partner, consideration will be given to whether Appendix FM, Section EX: Exception applies. This is one of the three arms of the ten-years route to settlement for such applicants (the other two being the ‘Exceptional circumstances’ paragraphs GEN.3.1 and GEN.3.2 of the same Appendix).
The section was included in Appendix FM from its introduction in July 2012 as a key part of the government's attempt to codify within the Immigration Rules the situations when the removal of the applicant consequent to a refusal would breach:
its statutory duty under section 55 of the Borders, Citizenship and Immigration Act 2009 (to safeguard and promote the welfare of children), and/or
Article 8 of the European Convention on Human Rights (ECHR) '(and in doing so also reflects the relevant public interest considerations as set out in Part 5A of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002))'
From 28 July 2014, there was a clear recognition in the Immigration Rules and Home Office guidance that there would be some cases where an applicant did not meet the Immigration Rules for family members, including para EX.1, but Article 8 would still be breached by their removal from the UK. Appendix FM was amended from that
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