It is evident from the information provided by the applicant that there are exceptional circumstances which could render refusal of entry clearance or leave to remain a breach of Article 8 of the European Convention on Human Rights, because such refusal could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child then If they canвЂ™t, paragraph GEN.3.1(1)(b) comes into play. Applicants must prove that they meet the financial requirements, which include the infamous вЂњminimum income ruleвЂќ, by sending the Home Office specified evidence (listed in Appendix FM-SE). There may be situations where the sponsor and the applicant cannot meet the financial requirements for Appendix FM. Paragraphs Gen.3.1-3.3: applications for leave to enter or remain Exceptions from the financial requirements This has two paragraphs, EX.1 and EX.2, which are for applications for leave to remain only. The second is in Section EX: Exceptions to certain eligibility requirements for leave to remain as a partner or parent dropdown options. These can be used for both applications for leave to enter and in applications for leave to remain. The first is in the dropdown section labelled Exceptional circumstances, containing paragraphs Gen 3.1-3.3. The Immigration Rules deal with exceptional circumstances in two parts of Appendix FM, which you can find online here. The immigration status, financial and English language requirements donвЂ™t need to be satisfied. the applicantвЂ™s status in the UK (in case of an application for leave to remain),ДЄpplicants from countries listed in Appendix T must also undertake a tuberculosis screening inВ applications to come to the UK.Д«y making an application on the basis of exceptional circumstances, it is still necessary to show that the relationship between the sponsor and the applicant is genuine.the relationship between the applicant and the sponsor,.The majority of these requirements must generally be met even if one makes an application based on exceptional circumstances.

Suitability criteria look at the applicantвЂ™s character and reasons why they should not be admitted to or allowed to remain in the UK. Some of these boxes must be ticked even when pleading exceptional circumstances. To succeed under the Immigration Rules, an applicant must satisfy suitability and eligibility criteria. вЂњExceptional circumstancesвЂќ doesnвЂ™t exempt you from all the rules It is necessary to prove that the consequences of a partner visa refusal would be disproportionate and not justified by the public interest, such as that in maintaining effective immigration control. It is not enough to demonstrate that oneвЂ™s circumstances are unusual or difficult, or that one almost meets the requirements of the Rules.

Basically the applicant must show that if the Home Office refuses to grant leave to enter or remain, this would be a breach of the applicantвЂ™s rights under Article 8 of the European Convention on Human Rights (the right to private and family life), because it would result in вЂњunjustifiably harsh consequencesвЂќ for the applicant, their partner, child or another family member involved. The meaning of вЂњexceptional circumstancesвЂќ can be found in various paragraphs of the Rules, which we will look at in later sections. The Immigration Rules consider cases where the sponsor is unable to satisfy one or more of the requirements, and provide that leave to enter or remain can be granted if there are exceptional circumstances. In recent posts we have looked at the requirements to be satisfied by a British or settled person who wishes to bring their spouse or partner into the UK under Appendix FM of the Immigration Rules.Д«ut what can be done if someone is unable to meet the financial or other requirements of Appendix FM?

What kind of immigration status do you get?.

OK, but what does вЂњexceptional circumstancesвЂќ actually mean?.

Paragraph EX.1: applications for leave to remain only.

Exceptions from the financial requirements.

Paragraphs Gen.3.1-3.3: applications for leave to enter or remain.

вЂњExceptional circumstancesвЂќ doesnвЂ™t exempt you from all the rules.

Insurmountable switch