Nexis Law provides information on the partner visa exception within Appendix FM of the Immigration Rules and the insurmountable obstacles exception, which may allow an individual to extend their stay in the UK and eventually settle in the country on the 10-year route to settlement. A ‘partner’ is defined under paragraph GEN.1.2 of the general provisions in Appendix FM, which includes a spouse, civil partner, fiancé, fiancée, or proposed civil partner, and a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least 2 years prior to the date of application.

Partner visa exception for UK settlement under Appendix FM

If a partner is unable to meet the strict requirements of the 5-year partner route, there may be a possibility to rely on the exception outlined in Section EX.1. of Appendix FM. However, this exception applies only when a partner meets some of the requirements and qualifies for an exception to the other requirements because EX.1. is met. The relationship requirements in Appendix FM must be met for leave to remain as a partner under the exception.

Partner visa requirements for settlement in the UK

The requirements that must be met, including that the applicant’s partner should be British or settled in the UK, both aged 18 and above, not within the prohibited degree of relationship, met in person, have a genuine and subsisting relationship, have a valid marriage or civil partnership, all previous relationships have permanently broken down, intend to live permanently in the UK, and not in the UK as a visitor or with valid leave granted for a period of 6 months or less.

Meeting the partner exception: qualifying requirements and insurmountable obstacles

To meet the partner exception, the applicant’s partner must be British, settled in the UK, holds refugee or humanitarian protection status, limited leave under Appendix EU, or limited leave as a worker or businessperson, and must provide evidence that the applicant or their partner face insurmountable obstacles to family life continuing outside the UK. Paragraph EX.2. of Appendix FM defines ‘insurmountable obstacles’ as very significant difficulties that would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or which would entail very serious hardship for the applicant or their partner.

A ‘partner’ is defined under paragraph GEN.1.2 of the general provisions in Appendix FM, who has been living together with the applicant in a relationship for at least 2 years.

Extending leave to remain via insurmountable obstacles

The assessment for insurmountable obstacles requires an applicant to provide evidence to demonstrate the difficulties they would face in continuing their family life outside the UK. The partner exception within Appendix FM provides an opportunity for partners who are unable to meet the strict requirements of the 5-year partner route to extend their stay in the UK and eventually settle in the country on the 10-year route.

How Nexis Law Can Help?

If you are seeking further detailed advice or guidance on your specific circumstances, you may benefit from consulting our qualified immigration experts. Our team at Nexis Law can provide you with tailored advice and support based on your individual situation. At Nexis Law, we have legal professionals with expertise in UK immigration law to help our clients with the complex requirements of Appendix FM and other immigration rules.