Insurmountable Obstacles ***Obie & Vinny Please advice***

Dear all,

Thanks in advance to Obie and others who will provide some much needed advices for my query.

My husband applied for a limited leave to remain in the UK on the basis of spouse under the Human Rights Laws.

He has been refused with no right of appeal. Although, the home office has accepted that my husband and I have a genuine and subsisting relationship ( we have been together for 14 years ), they have cited that we haven't demonstrated any evidence of "insurmountable obstacle" to relocate to his birth country. They have refused it saying that there's no evidence of "insurmountable obstacle" for us to continue our private family life in his birth country.

Our solicitor has told us there's nothing more he can do for us right now and suggested that we write to the home office for a reconsideration and if we manage to get a right of appeal in-country, then come back to him.

I am trying to write a pre-action protocol letter to the review unit.

"Insurmountable Obstacles" are literally impossible and severe hardships and as you can all imagine it's really hard to provide evidence for them.

My question is this;

- I am in the process of buying a home right now - 6 weeks away from exchanging contracts - can I cite this under grounds for "insurmountable obstacles"?. As were we forced to relocate to his birth country, I wouldn't be able to sell my home as my mortgage contract is fixed for the next two years. And if I fail to keep up the repayment if we relocated abroad, the lenders will obviously take me to court and might be declared bankrupt and I will lose my qualification and career.

- I am also studying for a qualification which is specific to the UK ( it's a CTA qualification specific to UK tax system ) - can I also list this under "insurmountable obstacles". Were we forced to relocate to my husband's birth country, I wouldn't be able to use this qualification as it wouldn't be in accordance to the tax laws of his country.

These two points weren't mentioned in his original application

About me; I have an ILR and applied for BC last year and awaiting response from home office. I am a chartered accountant in full time employment.


I just want some advice and some examples which are classed as "insurmountable obstacles" basically.

I have read a lot about it on the net so I have a fairly good idea of how difficult it is to prove it.

Many thanks for all who replies and pardon me for typos.

And thank you Obie and Vinny if you do reply.

See also Insurmountable obstacles finally bite the dust and Strasbourg decides important case on respect for family life, etc.

Thank you Vinny for the link.

In your opinion do you think the grounds I mentioned are sufficient to demonstrate evidence of insurmountable obstacles? - many thanks

From my experience, I don't think those 2 factors amount to insurmountable obstacle, furthermore you are not British Citizen yet.

With the new laws in place now, you may be able to Secure a Right of appeal if a new application is made, subject to you also paying the Surcharge.

Thanks for the reply Obie.

And yes I thought the same as yourself.

Appendix FM 1.0b: Family Life (as a Partner or Parent) and Private Life: 10- year Routes.

‘Insurmountable Obstacles’ and ‘Exceptional Circumstances’ Tests Approved by Supreme Court > Agyarko and Ikuga, R (on the applications of) v Secretary of State for the Home Department [2017] UKSC 11 (22 February 2017).

A familiar nemesis: the Court of Appeal on “insurmountable obstacles” > Mudibo, R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 1949 (28 November 2017).

Also see JEUNESSE v. THE NETHERLANDS - 12738/10 - Grand Chamber Judgment [2014] ECHR 1036 (03 October 2014).

And Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60 (16 November 2016)