ESC
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Not necessarily but more likely if the applicant has insurmountable obstacles to live outside of UK with his/her family members.Nickj wrote: ↑Mon Mar 09, 2020 6:50 pmHello,
What would happen if someone failed or doesn't do A2 exam for spouse visa extension after 2.5 years in UK and would this result in moving to 10 years route automatically in spouse visa extension or would this result in rejecting of visa extension?
Please let me know
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.
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.’
