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Exemptions Defined For The Purpose Of Parent Or Child Application
There are exceptions to the partner or parent leave to remain requirements in certain cases. The requirements for partner or parent leave to remain in the UK are generally based on the Immigration Rules. However, there are circumstances where exceptions or alternative provisions may apply. It’s important to note that immigration policies and regulations can change over time, so it’s always recommended to consult the official UK government sources or seek professional legal advice for the most up-to-date and accurate information.
Some Possible Exceptions
Some possible exceptions or alternative provisions that may apply in partner or parent leave to remain cases include:
- Domestic violence: If you or your child is a victim of domestic violence from your partner who has leave to remain in the UK, you may be eligible to apply for leave to remain independently under the domestic violence provisions.
- Best interests of the child: If the refusal of partner or parent leave to remain would be against the best interests of a child who is already in the UK, the Home Office may consider granting leave on the basis of exceptional circumstances.
- Human rights grounds: If you can demonstrate that the refusal of partner or parent leave to remain would breach your rights under the European Convention on Human Rights (ECHR), such as the right to family and private life, you may be able to make an application based on human rights grounds.
- Compelling or exceptional circumstances: In some cases, individuals may be granted partner or parent leave to remain even if they don’t meet the usual requirements. This can happen when there are compelling or exceptional circumstances, such as cases involving domestic violence, human rights issues, or other significant factors that would make it unjust or unreasonable to refuse leave to remain.
- Best interests of the child: The best interests of a child involved in an immigration application are typically considered as primary consideration. If it can be demonstrated that it would be detrimental to the child’s well-being to deny leave to remain to a parent or partner, exceptions may be made.
- Alternative routes: In some cases, if you do not meet the specific requirements for partner or parent leave to remain, you may be eligible to apply for a different immigration category or visa route that suits your circumstances. This could include options such as work visas, study visas, or other routes available under the UK’s immigration system.
- Long residence: In certain jurisdictions, individuals who have been living in the country for a significant period of time, usually around 10 years or more, may be eligible for leave to remain based on their long residence. This can override the usual requirements, including partner or parent eligibility criteria
Section EX: Exceptions to certain eligibility requirements for leave to remain as a partner or parent
EX.1. This paragraph applies if
- (i) the applicant has a genuine and subsisting parental relationship with a child who-
- (aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
- (bb) is in the UK;
- (cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and
- (ii) taking into account their best interests as a primary consideration, it would not be reasonable to expect the child to leave the UK; or
(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK, or in the UK with protection status, in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d), or in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay in accordance with paragraph GEN.1.3.(e), and there are insurmountable obstacles to family life with that partner continuing outside the UK.
EX.2. For the purposes of paragraph EX.1.(b) “insurmountable obstacles” means the very significant difficulties which 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 would entail very serious hardship for the applicant or their partner.
It’s important to carefully review the specific requirements and eligibility criteria for each exception or alternative provision, as they can vary depending on individual circumstances. Consulting Shabana Shahab can provide more accurate and personalized information based on your situation.
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