Understanding Exceptional Circumstances in Spouse or Partner Visa Applications

When someone wants to bring their spouse or partner to the UK, they usually need to meet certain rules called Appendix FM. These rules include financial requirements, proof of a genuine relationship, and sometimes English language skills. But what happens if the sponsor cannot meet these rules? This is where “exceptional circumstances” come into play.

What Are Exceptional Circumstances?

Exceptional circumstances mean special situations where the usual rules cannot be met, but refusing the visa would cause very serious problems for the applicant or their family. This is linked to Article 8 of the European Convention on Human Rights, which protects the right to family and private life.

To succeed under exceptional circumstances, the applicant must prove that refusing their visa would lead to “unjustifiably harsh consequences.” This is a high standard it’s not enough to show that the situation is difficult or unusual.

What Rules Still Apply?

Even if you apply under exceptional circumstances, you must still meet some basic rules:

• The relationship between the applicant and sponsor must be genuine.
• The applicant must be suitable to enter or stay in the UK (no serious criminal history or deportation orders).
• Some eligibility criteria like relationship proof and accommodation must be met.

However, financial and English language requirements can sometimes be waived if exceptional circumstances are proven.

Financial Requirements and Exceptions

Normally, sponsors must earn a minimum income (£18,600 or £29,000 depending on the application date) to bring their partner to the UK. If they don’t meet this, they can try to use other sources of income, such as:

• Financial support from a third party (like a family member).
• Future earnings from employment or self-employment.
• Other reliable sources of income or funds.

But the Home Office will only consider these if refusing the visa would cause very serious hardship.

Other Exceptions

If the sponsor and applicant meet financial requirements but fail other parts of Appendix FM, they can still apply under exceptional circumstances. The Home Office will look at whether refusal would cause harsh consequences for the applicant, their partner, or children involved.

If children are involved, their best interests must be a primary consideration.

Examples of Exceptional Circumstances

• A partner caring for a child with special needs who cannot move abroad.
• A couple facing serious religious persecution if forced to live outside the UK.
• A sponsor with refugee status who cannot return to their home country.

What Does “Insurmountable Obstacles” Mean?

For partners applying to stay in the UK, if there are “insurmountable obstacles” to living together outside the UK, the Home Office may grant leave. This means very serious difficulties or hardships that cannot be overcome.

What Happens If Your Application Is Successful?

If granted leave under exceptional circumstances:

• The applicant usually gets leave for 30 or 33 months.
• They must wait 10 years before applying for indefinite leave to remain (settlement), instead of the usual 5 years.
• They cannot claim public funds but can work.
• Later, if they meet all normal requirements, they can switch to the 5-year route to settlement.

Final Thoughts

Applying under exceptional circumstances is challenging and requires strong evidence. It is important to show that refusal would cause serious harm, not just inconvenience. Kash Legal Services can help you prepare a strong application by gathering the right evidence and explaining your situation clearly.

If you or your partner face difficulties meeting the usual visa rules, don’t lose hope. Exceptional circumstances may provide a way to stay together in the UK. For expert advice and support with your spouse or partner visa application, contact Kash Legal Services today.