![]() 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. “Exceptional circumstances” doesn’t exempt you from all the rules It is necessary to prove that the consequences of a 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 one’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 applicant’s rights under Article 8 of the European Convention on Human Rights (the right to private and family life), because it would result in “unjustifiably harsh consequences” for the applicant, their partner, child or another family member involved. ![]() The meaning of “exceptional circumstances” 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. Under Appendix FM, the sponsor can be a British citizen, a settled person, a refugee, or someone with humanitarian protection, limited leave under Appendix EU, Appendix ECAA or earlier provisions regarding Turkish businesspersons.īut what can be done if someone is unable to meet the financial or other requirements of Appendix FM? In other posts we have looked at the requirements to be satisfied by a spouse or partner who seek leave to enter or remain.
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