The below route is one way to be eligible to apply for Indefinite Leave to Remain in the UK in 10 years’ time under the 10 Years Family/Private Life Route.

Generally, in order to remain in the UK with a settled partner under the 5 year route to settlement, the applicant will need to satisfy the immigration status, relationship, financial, accommodation and English language requirements. The applicant will need to prove they meet the maintenance requirement of at least earning an income of £29,000 per year (£88,500 if relying on cash savings) and undertake the English test at CEFR A1/A2 (depending on the type of leave you are applying for). However, where the applicant cannot satisfy the immigration status, financial or English language requirements, the applicant may qualify for leave under the 10 Year route to settlement instead where the applicant can demonstrate that they fall within one of the exceptions set out in the rules.

The exceptions are as follows:

• The applicant has a genuine and subsisting parental relationship with a child who is under the age of 18, in the UK and is a British Citizen or has lived in the UK for at least 7 years, and it would be unreasonable to expect the child to leave the UK; OR
• The applicant has a genuine and subsisting relationship with a partner who is in the UK, who is British/ settled/ holding refugee status/ holding pre-settled status, and there are insurmountable obstacles to family life continuing with their partner outside the UK

‘Insurmountable obstacles’ means very significant difficulties that would be literally impossible to overcome if so required to return to the home country with their partner. Examples include serious cultural barriers to relocating overseas, the impact of mental or physical disability, the absence of governance or security, and many more.

In assessing whether the applicant’s circumstances are such that qualify for an exception, Home Office will consider many factors including:

• Relationship between the applicant and the sponsor
• Relationship between the applicant and any relevant child
• The applicant’s status in the UK
• The applicant’s length of residence in the UK
• The age, status and circumstances of any children involved – the Home Office would generally consider a British child to be a paramount consideration and it would not be reasonable to expect the British child to leave the UK
• The best interests of any child involved
• The applicant and their family’s ability to continue family life in the applicant’s home country
• The applicant’s ability to be maintained in the UK without recourse to public funds

Should your application be successful, then you will be granted leave to remain for a period of 30 months. You will only be able to settle in the UK after 10 years of lawful residence in the UK.

Where the applicant is making an application from outside the UK, where the applicant cannot satisfy the financial or English language requirements, the applicant may qualify for leave under the 10 Year route to settlement instead where the applicant can demonstrate their circumstances amount to ‘exceptional circumstances’.

‘Exceptional circumstances’ means that there would be unjustifiably harsh consequences for the applicant, partner, child or a family member involved should the Home Office refuse the applicant’s application and this would breach the applicant’s right under Article 8 of the European Convention on Human Rights to enjoy private and family life.

The ‘exceptional circumstances’ provisions can apply to both entry clearance applications and leave to remain applications. For leave to remain applications, the exceptions above would be considered first and where the applicant does not meet the exceptions, Home Office will then consider the application under exceptional circumstances.

In assessing whether the applicant’s circumstances are such that amount to exceptional circumstances, Home Office will consider many factors including:

• Relationship between the applicant and the sponsor
• Relationship between the applicant and any relevant child
• The applicant’s status in the UK (in the event of making an application for leave to remain)
• The applicant’s length of residence in the UK (in the event of making an application for leave to remain)
• The age, status and circumstances of any children involved – the Home Office would generally consider a British child to be a paramount consideration
• The best interests of any child involved
• The applicant and their family’s ability to continue family life in the applicant’s home country
• The applicant’s ability to be maintained in the UK without recourse to public funds

In the event that the applicant and/or the sponsor cannot meet the financial requirement, then where they are able to demonstrate that a refusal would indeed result in unjustifiably harsh consequences, then the Home Office can consider other sources of support available to the applicant such as:

(a) a credible guarantee of sustainable financial support to the applicant or their partner from a third party;

(b) credible prospective earnings from the sustainable employment or self-employment of the applicant or their partner; or

(c) any other credible and reliable source of income or funds for the applicant or their partner, which is available to them at the date of application or which will become available to them during the period of limited leave applied for.

Such will only be considered where refusal would result in unjustifiably harsh consequence for the applicant and his family. Therefore note that just have other sources of income to meet the financial requirement alone will not be sufficient. You must be able to show that you have serious and compelling circumstances that would be impacted should your application be refused.

If you are interested to know more, get in touch with our immigration team who can help assist you provide you with reliable immigration advice.