Author: Kash Legal Services

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.

The British Nationality (Irish Citizens) Act 2024 has reshaped how Irish citizens in the UK can become British. In effect from 22 July 2025, it creates a quicker, cheaper, and less burdensome registration process for those who have lived in the UK for at least five years.

What the Law Does

This Act adds a new section—4AA—to the British Nationality Act 1981, giving eligible Irish citizens a streamlined route to citizenship without the hurdles faced by most applicants. The push for this change began back in 2005 and was finally passed in May 2024.

Who Can Apply

The process covers both adults and children who:

• Have lived in the UK for five continuous years, and
• Were physically present in the UK at the start of that five-year period.

Absence limits:

• No more than 450 days outside the UK in those five years.
• No more than 90 days outside the UK in the 12 months before applying.

Applicants must also:

• Have complied with immigration laws during those five years.
• Meet the standard “good character” test in Section 41A(1) BNA.

Key Benefits

• No Life in the UK test.
• No English language proof required (in line with current exemptions for Irish citizens).
• Maintains the existing Common Travel Area rights, where Irish citizens are treated as “settled” once ordinarily resident in the UK.

Why It Matters

For Irish citizens, this is a major step forward—lower costs, fewer formalities, and a faster path to British citizenship without losing the special UK–Ireland relationship. If you need tailored advice or support with your application, Kash Legal Services are here to guide you through the process and ensure your application meets all requirements.

If you are a creative professional looking to work in the UK, the Temporary Work – Creative Worker visa might be the right option for you. This visa allows individuals in creative fields to come to the UK for a short period to work on specific projects. Here’s a simple guide on how to apply for this visa.

The Temporary Work – UK Creative Worker visa is designed for people who want to work in the UK in creative roles, such as artists, musicians, and performers. This visa allows you to stay in the UK for up to 12 months, depending on your project.

To be eligible for this visa, you must have a job offer from a UK employer who is a licensed sponsor. Your job must be in a creative field, such as performing arts, film, television, or fashion. Additionally, you may need to show that you can support yourself financially during your stay.

The first step in applying for this visa is to secure a job offer from a UK employer. Ensure that the employer is registered as a licensed sponsor with the UK Home Office. Once you have a job offer, your employer will provide you with a Certificate of Sponsorship (CoS). This document contains important information about your job and is necessary for your visa application.

Next, gather the required documents for your visa application. These may include your CoS, a valid passport or travel document, proof of your financial situation (such as bank statements or pay slips), and evidence of your creative skills (like a portfolio or qualifications).

You can apply for the Temporary Work – UK Creative Worker visa online through the UK government website. Fill out the application form and upload the necessary documents. Make sure to double-check your information before submitting. You will also need to pay a visa application fee, which may vary depending on the length of your stay and other factors.

Applying for a Temporary Work – UK Creative Worker visa can be a straightforward process if you follow the steps outlined above. Make sure to gather all necessary documents and apply well in advance to ensure a smooth experience. If you have any questions or need assistance, Contact us Kash Legal Services we are ready to help you.

Navigating the immigration process can be challenging, especially for individuals applying from outside the UK. One significant aspect that can ease this burden is the availability of fee waivers for certain applications. At Kash Legal Services, we aim to provide clear and concise information about who can qualify for these waivers and how to apply.

Fee waivers are designed to assist those who may be unable to afford the application fees due to financial hardship. This is particularly relevant for individuals applying for entry clearance based on family or private life under Article 8 of the European Convention on Human Rights. If you find yourself in a situation where paying the application fee would cause undue financial strain, you may be eligible for a fee waiver.

Who Can Qualify for a Fee Waiver?

To qualify for a fee waiver, applicants must demonstrate that they cannot afford to pay the application fee after meeting their essential living needs. This includes individuals who are unemployed, on a low income, or receiving certain benefits. Additionally, specific categories of applicants may be eligible, such as:

• Partners or children of members of HM Forces.
• Family members of individuals settled in the UK under Appendix FM.
• Individuals with refugee or humanitarian protection status.

How to Apply for a Fee Waiver

The application process for a fee waiver involves several important steps:

1. Complete the Fee Waiver Form: This form is typically included with your immigration application. It is essential to fill it out accurately.
2. Provide Supporting Documentation: To support your fee waiver request, you will need to provide evidence of your financial situation. This may include:

• Recent bank statements.
• Proof of income, such as pay slips or tax returns.
• Documentation of any benefits you receive.

1. Submit Your Application: Ensure that your fee waiver request is submitted alongside your main immigration application. The Home Office will review both submissions together.

Important Considerations

• Full Waiver Only: If you cannot afford the entire fee, the Home Office may grant a full waiver. Partial waivers are not permitted.
• No Right of Appeal: If your fee waiver request is refused, there is no right of appeal. Therefore, it is crucial to provide comprehensive and accurate documentation to support your application.
• Unique Reference Number: If your fee waiver is approved, you will receive a Unique Reference Number, which you must include in your immigration application.

Conclusion

Fee waivers can provide essential support for individuals facing financial difficulties when applying for immigration services from outside the UK. Understanding the eligibility criteria and the application process is vital for a successful application. At Kash Legal Services, we are here to assist you every step of the way. If you have questions or need help with your application, please do not hesitate to reach out to us. We are committed to helping you navigate the complexities of the immigration process with confidence.

In a recent case, a man named Mr. Tomlinson faced a heartbreaking situation after winning his appeal for a UK spouse visa. This case, known as R (Tomlinson) v Secretary of State for the Home Department [2025] EWCA Civ, highlights the challenges many face in the immigration system.

Mr. Tomlinson applied for a visa to join his wife in the UK. Unfortunately, his application was denied, leaving him separated from his loved one. He decided to appeal the decision, hoping to reunite with his wife. After a long wait, the Court of Appeal finally ruled in his favor, granting him the right to enter the UK as a spouse.

However, this victory came with a heavy heart. By the time the court made its decision, Mr. Tomlinson’s wife had tragically passed away. This meant that while he won the legal battle, the emotional toll was immense. The victory was bittersweet, as it could not bring back the love he had lost.

The case revolved around Mr. Tomlinson, a Jamaican national who had previously overstayed his visa and faced deportation. After marrying a British citizen, he applied for a spouse visa to join her in the UK. His application was initially denied due to his past criminal conviction, leading him to appeal the decision. The Court of Appeal ultimately ruled in his favor, stating that the Home Office had failed to consider a previous tribunal’s findings regarding his circumstances.

This case serves as a reminder of the complexities and emotional struggles involved in immigration processes. Many people like Mr. Tomlinson face long waits and uncertainty, which can have devastating effects on their lives and relationships.

At Kash Legal Services, we understand the importance of timely and compassionate support in immigration matters. We strive to help individuals navigate the system and achieve their goals. If you or someone you know is facing challenges with immigration or visa applications, please reach out to us. We are here to help you every step of the way.

Recently, a significant legal decision was made regarding the Home Office’s ability to correct mistakes in immigration status grants. This decision came from a case known as R (YC) v Secretary of State for the Home Department.

In this case, a man was granted indefinite leave to remain in the UK, but there was a mistake in the paperwork. Instead of stating that he had been granted indefinite leave, the documents incorrectly referred to him as having limited leave. This error led to confusion about his immigration status.

The man challenged this mistake through a judicial review, which is a legal process where a court examines the actions of a public body, in this case, the Home Office. He argued that the Home Office should not be allowed to correct this error because it could affect his rights.

The Upper Tribunal, which is a higher court that deals with immigration and asylum cases, ruled in favor of the Home Office. They decided that the Home Secretary has an implied power to correct mistakes that are made unintentionally. This means that if the Home Office makes an error in granting immigration status, they can fix it, even if it might seem unfair to the person affected.

This decision is important for several reasons. First, it helps ensure that immigration records are accurate. If the Home Office can correct mistakes, it can prevent future complications for individuals regarding their rights to live and work in the UK. Second, while it may seem concerning that the Home Office can change a person’s immigration status, the court’s ruling emphasizes the need for accurate records to protect the integrity of the immigration system. Lastly, this ruling sets a precedent for future cases where errors might occur, clarifying that the Home Office has the authority to correct mistakes.

If you find yourself in a situation where you believe there has been a mistake in your immigration status, it is essential to seek legal advice. Understanding your rights and the implications of any errors is crucial. Kash Legal Services,help you to navigate these complex issues and ensure that your rights are protected.

The EU Settlement Scheme was established to allow EU, EEA, and Swiss citizens living in the UK to secure their residency rights following Brexit. If you are a citizen from these regions and have applied for settled or pre-settled status, it is essential to understand how absences from the UK can affect your status. This article will provide a clear overview of the rules regarding absences and what you need to know to maintain your residency rights.

Settled vs. Pre-Settled Status

Before diving into the specifics of absences, it’s important to clarify the difference between settled and pre-settled status:

• Settled Status: This is granted to individuals who have lived in the UK for a continuous period of five years. It allows you to stay in the UK indefinitely.
• Pre-Settled Status: This is for those who have not yet lived in the UK for five years. It allows you to stay in the UK for up to five years, after which you can apply for settled status.

Absences from the UK

For Settled Status Holders

If you have settled status, you can be absent from the UK for up to five consecutive years without losing your status. This means that if you leave the UK for an extended period, as long as it does not exceed five years, your settled status remains intact.

For Pre-Settled Status Holders

If you hold pre-settled status, the rules are stricter. You must not be absent from the UK for more than two consecutive years. Exceeding this limit will result in the loss of your pre-settled status, and you may need to reapply if you wish to return to the UK.

Continuous Residence Requirement

To qualify for settled status, you must demonstrate continuous residence in the UK for five years. During this time, you can only be absent for up to six months in any 12-month period. There are exceptions for certain circumstances, such as:

• Serious illness
• Pregnancy or childbirth
• Study or work commitments

If you are absent for more than six months in a 12-month period without a valid reason, it may break your continuous residence, affecting your eligibility for settled status.

Conclusion

Understanding how absences from the UK affect your status under the EU Settlement Scheme is crucial for maintaining your residency rights. Whether you have settled or pre-settled status, adhering to the specified limits on absences is essential. If you have any concerns or need personalized advice. feel free to reach out to Kash Legal Services. We are here to help you navigate the complexities of immigration law and ensure your residency rights are safeguarded.