Many people want to bring a spouse or partner to the UK but struggle to meet the strict requirements of Appendix FM, especially the financial threshold. In these cases, the immigration rules allow for applications based on “exceptional circumstances”. While the test is demanding, it offers a route for families who would otherwise be separated.
Who Can Be a Sponsor?
Appendix FM covers a wide range of sponsors. This includes British citizens, settled persons, refugees, those with humanitarian protection, and stateless individuals. It also extends to people with limited leave under Appendix EU, Appendix ECAA or the old Turkish businessperson provisions.
What Are Exceptional Circumstances?
The rules recognise that not everyone can satisfy every requirement. Exceptional circumstances apply where refusal would breach the applicant’s rights under Article 8 of the European Convention on Human Rights, which protects private and family life. The applicant must show that refusal would cause unjustifiably harsh consequences for them, their partner or child.
This is a high bar. It is not enough to show hardship or inconvenience. Applicants must prove that separation or removal would be disproportionate and that the public interest in immigration control does not outweigh the harm.
Suitability and Eligibility Still Matter
Even when exceptional circumstances are claimed, some requirements cannot be avoided. Suitability rules concern an applicant’s character and include exclusion orders or serious criminal convictions. These must normally be met regardless of circumstances.
Eligibility requirements look at the relationship, the applicant’s current status, accommodation, maintenance and English language. For exceptional cases, the relationship must still be genuine. Financial and language rules can sometimes be set aside, but strong supporting evidence will be essential, especially for unmarried partners.
Financial Requirements and Alternatives
The most common difficulty is the minimum income requirement. From April 2024, new applicants must show earnings of at least £29,000, or £18,600 for those already in the route before that date. If this cannot be met, paragraph GEN.3.1 allows other income sources to be considered, such as credible third-party support, prospective earnings or other reliable funds.
However, these alternatives are only considered where refusal would cause unjustifiably harsh consequences. A supportive family member with financial means is not enough on its own. The Home Office must also be persuaded that refusal would seriously harm the family, and that the support offered is credible and sustainable.
Other Exceptions in Appendix FM
Paragraph GEN.3.2 provides exemptions from non-financial requirements where refusal would have the same harsh impact. GEN.3.3 adds that the best interests of any child must be taken into account as a primary consideration.
Section EX, which applies to leave to remain, sets out two further exceptions. The first is for applicants with a genuine parental relationship with a child who is British or has lived in the UK for seven years. If it would not be reasonable for the child to leave, leave should be granted.
The second is for applicants with a genuine relationship with a partner in the UK where there are insurmountable obstacles to family life continuing abroad. Insurmountable obstacles mean very significant difficulties that cannot be overcome or would cause very serious hardship. This is a high standard and requires careful evidence.
What Does “Exceptional” Really Mean?
The Supreme Court considered this in Agyarko [2017] UKSC 11. The Court held that Appendix FM is compatible with Article 8 and that it is for the Home Office to assess whether circumstances are truly exceptional. Both applicants in that case lost their appeals because they could not meet the threshold.
The lesson is clear. Success depends on strong evidence that separation or relocation would cause severe and disproportionate harm, not just inconvenience. A mortgage, a job, or family ties in the UK are unlikely to be enough on their own.
What Immigration Status Is Granted?
If successful, applicants are usually granted 30 months’ leave to remain or 33 months’ leave to enter. This is part of the ten-year route to settlement, during which they will normally be subject to a “no recourse to public funds” condition.
Applicants who later meet all the standard requirements can switch to the five-year route to settlement. This shortens the path to indefinite leave but involves paying fresh application fees. If an application is refused, there is usually a right of appeal, and in leave to remain cases this can normally be exercised without leaving the UK.
What does this mean for families?
Exceptional circumstances provide an important safeguard for families who would otherwise face separation. However, the rules set a deliberately high bar. In essence, applicants must show that refusal would lead to unjustifiably harsh consequences, and they must support their case with strong, credible evidence.
Love alone is not enough to overcome the rules. But where families can show that separation or relocation would cause disproportionate harm, Appendix FM does provide a route to remain together in the UK.
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Disclaimer: This article provides general guidance only and does not constitute legal advice. Civil procedure rules and case law can change. Always seek professional legal advice tailored to your specific situation before acting.