Post
by favour » Thu Feb 04, 2016 9:52 pm
Hello,
I have recently been given Ilr
My partner cannot qualify for the FLR(M) application because of the financial requirement. neither of us have worked for the previous six months and I am now just self employed.
My partner a pending appeal, but still waiting for a court date since October last year. we are now considering applying for flr(fp). I have read the detail guidance (thanks Vinny for posting the link, I have been looking for it for months).
It stated that for flr(fp) partner route to be successful, Appendix FM ex1 must be met, see below.
Does having British children meets 'not reasonable' criteria' ?
I don't want to risk withdrawing the appeal only to be refused the flr(fp) partner route.
Thank you for your time.
[i][i]EX.1. This paragraph applies if
(a) (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
[/i]
(ii) 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 refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK
[/size][/i]