Dear Mr xxxxxx,
Your application and human right claim made on xx xxxx is refused.
What this means for you
XXXXXXXXXXXXX
The reason for this decision are set out on the next page
On xxxx date you made a human right claim in an application for leave to remain in the UK on an FLR(FP) on the basis of your family life with your partner xxxx and step child xxxxxx
Your application has been considered under those rules , and with reference to Article 8 of the European Convention on Human Right(ECHR). The relevant rules can be viewed on gov.uk here
www.gov.uk/guidance/immigration-rules.
This decision takes into account as a primary consideration the best interest of any relevant child in line with the secretary of state's duty under section 55 of the borders ,citizenship and immigration Act 2009.
Consideration
Immigration History
I have been lawfully present
Family Life
You have told us that you are in a relationship in the Uk with your partner who is named above, As you are eligible to apply as a partner under Appendix FM, we have considered your claim under the 10 year partner route and not the parent route.
We have considered your application under paragraphs R-LTRP.1.1. (a), (b) and (d) of Appendix FM. However, you do not qualify for leave to remain under the 10-year partner route for the following reasons.
Suitability
Under paragraph R-LTRP.1.1.(d)(i), your application does not fall for refusal on grounds of suitability under section S-LTR of Appendix FM.
Eligibility
Under paragraph R-LTRP.1.1.(d)(ii), you do not meet all of the eligibility requirements for Section E-LTRP of Appendix FM for the following reasons:
Eligibility Relationship Requirement
You do not meet the eligbility relationship requirment paragraphs E-LTRP.1.1 to 1.12 because your partner is not a British Citizen,settled in the UK or is in the UK with refugee leave or humanitarian protection.
You therefore fail to meet the requirement of paragraph E-LTRP 1.2. of Appendix FM of the Immigration Rules.
Eligibility Immigration Status Requirement
You meet the eligibility immigration status requirement paragraph E-LTRP.2.1. to 2.2
Ex.1. Requirement
We have considered whether you are exempt from meeting certain eligibility requirements under Section R-LTRP of Appendix FM because paragraph EX.1. applies
We have carefully considered whether paragraph EX.1. of Appendix FM applies to your application, and therefore whether you meet the requirements of paragraph R-LTRP.1.1(d)(iii) of Appendix FM.
It is accepted that you have a qualifying relationship contained within EX.1 and therefore meet therequirements of R-LTRP.1.1.(d)(iii)
Private Life
We have considered your application under the private life Rules under paragraph 276ADE(1) in Part 7 of the Immigration Rules.However,you do not qualify for leave to remain under the 10 year private life route for the following reason:
xxxxxxxxxx
Exceptional Circumstances
We have considered,under paragraph GEN.3.2 of Appendix FM as applicable,whether there are exceptional circumstances in your case which would render a refusal a breach of Article 8 of the ECHR because it would result in unjustifiably harsh consequences for you,your partner ,a relevant child or another family member.In so doing, we have taken into account,under paragraph GEN.3.3 of Appendix FM,the best interests of any relevant child as primary consideration.
Based on the information you have provided we have decided there are no such exceptional circumstances in your case.
You have told us that you are married to a xxxxx and have a parental relationship with a British Step-child in the UK.This has been carefully considered.
Consideration has also been given to section 55 of the Borders,Citizenship and Immigration Act 2009(duty regarding the welfare of children). The duty to have regard to the need to safeguard and promote the welfare of children requires us to consider the effect on any children of a decision to exclude, or deport, against the need to maintain the integrity of immigration control.
Our aim is always to carry out enforcement of the immigration rules with the minimum possible interference with a family's private life,and in particular to enable a family to maintain continuity of care and development of the children in ways that are compatible with the immigration laws.It is generally accepted that th best interests of a child are served by their remaining with their biological parent or parents.This represents the centrality of a child's relationship with their parent in determining their wellbeing.
It is submitted that you do not have primary parental responsibility of XXXXX,since she reside in the UK with their biological parent,who has leave to remain.It is therefore noted that if you were to have to leave the UK,they could continue to reside here.The refusal of your application does not seperate any children from their biological parents, and does not obligate xxxxx xxxxx to leave the United Kingdom.
It has therefore been decided that it is both reasonable and section 55 complaint for xxx xxxxx to remain in the UK with their biological parents(s).
In light of the above,your application is refused under paragraph D-LTRP.1.3 with reference to paragraph R-LTRP.1.1. (d)(ii) and (iii) of Appendix FM, and under paragraph 276 CE with reference to paragraph 276ADE(1)(iii),(iv),(v),and (vi) of the Immigration Rules.Accordingly, you do not qualify for leave to remain under the 10-year partner route of Appendix FM, or the 10-year private life route of Part 7 of the Immigration Rules.
RIGHT OF APPEAL
