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Probably best going to a solicitor for that. EX.1 requires you either to have a parental relationship with a child who it would not be reasonable to expect to leave the UK or a partner and there would be insurmountable obstacles to continuing life with that partner outside the UK. It's a fairly high standard to meet and you would have to have reasons why you could not live together outside the UK.
https://assets.publishing.service.gov.u ... .0-ext.pdfEX.1. Exceptions to certain eligibility
requirements being met by a partner or
parent in the UK
EX.1. – General
Where an applicant in the UK does not fall to be granted on a 5-year route as a
partner or parent because certain eligibility - financial, accommodation, English
language or immigration status - requirements are not met, they may still fall for a
grant of leave on a 10-year route if EX.1. applies.
Paragraph EX.1. is not a standalone provision under which leave can be granted.
Rather, where it applies, certain eligibility requirements under the 5-year partner or
parent route (as to immigration status, finances and English language) do not have
to be met. By not meeting the financial, English language or lawful immigration
status eligibility requirements, the applicant is not entitled to leave to remain as a
partner or parent under the 5-year route. However, if EX.1. applies to them, they may
be considered for the 10-year route if they meet all other requirements.
The requirements in paragraph EX.1.(a) reflect the duty in section 55 of the Borders,
Citizenship and Immigration Act 2009 to have regard to the need to safeguard and
promote the welfare of children, by which we mean their best interests, as reflected
in case law, in particular, ZH (Tanzania) [2011] UKSC 4.
You must have regard to the best interests of the child as a primary consideration
(but not the only or the paramount consideration). They must fully consider the
child’s best interests.
Pareagraph EX.1. states:
‘EX.1. This paragraph applies if
(a) (i) the applicant has a genuine and subsisting parental relationship with a
child who-
(aa) is under the age of 18 years;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least
the 7 years immediately preceding the date of application; and
(ii) taking into account their best interests as a primary consideration, it would
not be reasonable to expect the child to leave the UK; or
(b) the applicant has a genuine and subsisting relationship with a partner who is
in the UK and is a British Citizen, settled in the UK or in the UK with refugee
leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK
No before it wasn't your point because yes there is a provision in the rules. Also in op's case there is ext 1 because of having genuine and subsisting relationship with settled/British citizen partner.
Meeting the requirements of EX.1 has always been my point. The provision exists subject to exceptional circumstances in having to prove there are insurmountable obstacles to life outside the UK. It is a high threshold to meet and not handed out to everyone who doesn't meet the financial or English language requirement.
There is another chapter about insurmountable obstacles at page 37 of following guidance. Usually for most of the families living with British sponsors & British kids have permanently formed their life in UK for instances they have friends, relative here, British kids are going school in UK, British partner is working/doing business in UK then obviously it will cause them insurmountable obstacles in returning back or to other countries unless they voluntarily want to.geoeng wrote: ↑Sun Nov 03, 2019 1:36 pmMeeting the requirements of EX.1 has always been my point. The provision exists subject to exceptional circumstances in having to prove there are insurmountable obstacles to life outside the UK. It is a high threshold to meet and not handed out to everyone who doesn't meet the financial or English language requirement.
