Your visa application will be rejected unless there are exceptional circumstances, in which case leave to remain, or UK entry clearance may grant if you are not able to fulfil any or all of the immigration, financial, housing, and English language requirements as a partner or parent when applying for leave to enter or remain in the UK. For the correct information and process, get immigration advice service from experienced Immigration Solicitors.
Immigration Rules For Exceptional Circumstances:
In light of MM (Lebanon) & Others v SSHD [2017] UKSC 10, exceptional circumstances are defined as situations in which denial of entry or stay would violate ECHR Article 8 and have an unjustifiably harsh impact on the applicant, their partner, a relevant child, or another family member involved.
Before August 10, 2017, the Home Office analysed extraordinary circumstances outside the immigration regulations using ECHR Article 8. Following the introduction of articles GEN.3.2 (Dealing with a breach of Article 8 of the European Convention on Human Rights) and GEN.3.3, extraordinary situations are now addressed by immigration rules as of August 10, 2017. (Dealing with the best interest of a relevant child).
This allowed the Home Office a duty to take into account unusual circumstances under the immigration laws when refusing would have unjustifiably major impacts and be against the best interests of the child.
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An Exception To The Financial Requirements:
One of the main requirements for applying as a partner is to have the £29,000 in funds specified in Appendix FM. The sponsor and the applicant must earn at least a minimal amount to prove that they can fulfil their financial requirements without requesting public funding.
However, imagine if the applicant and the sponsor cannot fulfil the financial requirements but that the applicant wants to be granted entry clearance outside of the rules or on exceptional grounds.. GEN3.1 of Appendix FM allows the sponsor and applicant to depend on other sources of support, such as a reliable promise of sustainable financial support to the applicant or their partner from a third party. In that situation, they can rely on this provision.
The Home Office must convince that the applicant’s and sponsor’s claimed source of income is most likely real and effective when the term “Credible” is used. To support this, pertinent documented evidence must be provided. Once more, the Home Office must understand that the financial backing provided by other funding sources will have unjustifiably severe repercussions for the parties concerned if the visa application is rejected.
Exceptions To Other Circumstances:
To apply for leave to enter the UK to join their partner or child there or leave to remain to continue living with their partner or child there, partners or parents must meet the requirements listed in Appendix FM of the Immigration Rules. One of the many requirements that the candidate must meet is the financial criterion. What happens if an applicant fulfils the financial condition but not the rest?
The sponsor and applicant can depend on GEN3.2 in this circumstance, which exempts them from other obligations. GEN3.2. Convinces the Home Office to take into account requests based on Article 8 of the ECHR. The Home Office must consider that denying a visa application in these unusual situations, where the applicant can only meet the financial requirements, will have unjustifiably major impacts on all parties.
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Exceptional Circumstances For A Relevant Child:
The applicant can rely on paragraph GEN.3.3, which specifies that the Home Office must take into account the best interests of any relevant child as a primary consideration when assessing a visa application in cases where the Home Office must make a decision for a child who is under the age of 18 at the time of application and would be affected by a refusal, as is evident from the information provided by the applicant.
Conclusion:
For professional immigration advice service in London, the UK, you can contact My Legal Services. You can get in touch with one of our expert immigration solicitor at any time, and they’ll be happy to assist and guide you through the procedure to get your UK residence visa.