Chapter 16: Family Life with a Partner
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What is the focus of the 'Family life with a partner' provisions under the Immigration Rules?
These provisions aim to uphold Article 8 ECHR by allowing family unity where a genuine relationship exists between the applicant and a British or settled partner.
A person can qualify to remain in the UK on the basis of family life with a partner even if they do not meet all Appendix FM requirements.
Discretion may be exercised where refusal would unjustifiably interfere with family life in breach of Article 8 ECHR, despite failure to meet all standard requirements.
3. Which of the following must typically be demonstrated for an applicant to rely on family life with a partner?
Applicants must prove a genuine and subsisting relationship with a partner who is British or settled to rely on the family life route.
4. Can an applicant who has overstayed be considered under the family life route with a partner?
Applicants who have overstayed may still be considered under the family life route if refusal would result in unjustifiably harsh consequences under Article 8.
5. Maria is married to a British citizen and has a minor child in the UK. She overstayed her visa 2 years ago. Which factor strengthens her case under the family life route?
A British spouse and British child in the UK provide strong Article 8 family life grounds to support a human rights-based application despite overstaying.
What does the term 'insurmountable obstacles' refer to in this context?
Insurmountable obstacles are serious practical or legal barriers that make it impossible for family life to continue outside the UK.
The family life partner route only applies to married couples.
The route also applies to unmarried partners in a genuine and subsisting relationship akin to marriage or civil partnership.
8. Is it possible to switch into the family life route while in the UK on a different visa?
In-country switching is allowed in some circumstances, particularly where refusal would breach Article 8 rights and there is a genuine relationship with a settled partner.
9. Which of the following is NOT a relevant consideration under the family life route with a partner?
English language proficiency of both partners is not a decisive factor under the human rights-based family life assessment.
Ahmed and Elena are in a genuine relationship and cannot live together in Elena’s country due to local laws criminalising their relationship. What principle could support their UK-based application?
The legal and safety risks of continuing family life abroad may be considered insurmountable obstacles under the family life rules.
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