How to use Exception paragraph EX.1 in FLR(FP) Family Life applications as a Spouse / Partner of a British citizen?
This post is in response
to numerous enquiries about the existing exception for partners and parents
under the Appendix FM. This exception, mentioned in paragraphs EX.1 and EX.2,
allows some migrants to bypass the rules, such as on the Financial Requirement £18,600
or English or even allows to switch inside the UK instead of having to apply
abroad for an Entry Clearance.
Of course, it sounds good
that there is an exception from the rules. However, EX.1 paragraph, under the
Section EX, is not a standalone rule, ie not a rule you can apply under.
Instead it is used as a part of other sections in the Appendix FM. Those other
sections tell you when it can be applied and what happens if it does apply (ie what
rules can be waived) and what decision you may get (ie that it will be in the
10-year route).
In this post we are
concentrating on the rules for partners of UK citizens, rather than parents (a parent
of a British child has an additional requirement not to eligible to apply as a
partner).
So, let’s go on Appendix
FM:
https://www.gov.uk/government/publications/immigration-rules-appendix-fm
: in Family life with a partner, Section
R-LTRP: Requirements for limited leave to remain as a partner. Right there you
can see that a partner has to meet either all the requirements under the
sections which follow or meet some of the specified requirements and “paragraph
EX.1 applies”.
The easiest example to give
here will be further down in Section E-LTRP: Eligibility for limited leave to
remain as a partner, then in Immigration status requirements:
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E-LTRP.2.2. The
applicant must not be in the UK –
(a) on temporary
admission or temporary release, unless the applicant has been so for a
continuous period of more than 6 months at the date of application and paragraph EX.1. applies; or
(b) in breach of immigration laws
(disregarding any period of overstaying for a period of 28 days or less), unless paragraph EX.1. applies.
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In plain language the
above means a migrant, who has overstayed a visa in the UK for more than 28
days, can’t make an application as a partner within the UK (ie has to apply
outside the UK). However, there is an exception: if he/she meets the
requirements of EX.1. If one can prove that yes, he/she does, then an FLR(FP)
application would be successful, with the outcome of a 2.5-year visa in the
10-year route. If not, then has to apply for an Entry Clearance from outside the UK and would get a visa in the 5-year route (which is worth considering as 5 years is twice less than 10).
For an individual advice or to
make an application please contact us: info@1st4immigration.com
or visit www.1st4immigration.com
If you are an Immigration Adviser
or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training
