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Not meeting the financial requirement and not demonstrating in the application how you meet the financial requirement would be two completely different situations. As everyone else has noted, without knowing exactly why it was refused (like the specific wording), it is difficult to provide any helpful advice unfortunately.
You seem to be feeding info about your circumstances and the decision in dribs and drabs which does not help in getting an accurate picture.
Your child would likely help in qualifying for exceptions to the eligibility requirements of the partner route, I'm not sure it would make you eligible under the parent route as you have an eligible partner.
From what I gather, those are the financial requirements. From how it sounds, the solicitor wasn't even using financial papers and simply explained that they no longer qualify. I assume this was the reason to apply for a different type of visa.
That's what I assumed as well, just isn't clear.
The reasons for refusal seem to indicate that insufficient evidence was provided to meet the criteria for being excepted from the financial requirement. Agreed that an appeal might help but additional evidence will likely be required to qualify for the exception.
Not meeting the requirements of EX.1 and no reference to exceptional circumstances. In which case a financial requirement would have to be met.
Could you reproduce the exact text that says this?
Yes I could.
See below, highlighted.
Heram wrote: ↑Wed Oct 30, 2019 12:45 pmYou have told us that you are in a relationship in the uk with your partner who is named above as you are eligible to apply as a partner under appendix FM we have considered your claim under 10 year partner route and not parent route we have considered your application under Paragraph R-LTRP.1.1.(a),(b)and(d) of appendix FM however you do not qualify for leave to remain under the 10 year partner route for the following reasons.
Family life
We have considered your application under the private life rules under paragraph 276ADE(1) in part 7 of the immigration rules. However you do not qualify for leave to remain under the 10 year private life route for the following reasons.
Suitability
Your application does not fall for refusal on grounds of suitability in section S-LTR of appendix FM under paragraph 276ADE(1)(i) of the imagination rules.
Eligibility
You have therefore lived in the uk for 2 years 7 months and it is not accepted you have lived continuously in the uk for at least 20 years. Consequently you fail to meet the requirements of paragraph 276ADE(1)(iii) of the imagination rules.
You are over the age of 18. Consequently you fail to meet the requirements of paragraph 276(1)(iv) of the imagination rules.
You are not aged between 18 and under 25 years. Consequently you fail to meet the requirements of paragraph 276(1)(v) of the imagination rules.
You therefore fail to meet the requirements of EX.1.(b) os appendix FM of the imagination rules so paragraph EX.1.does not apply in your case.
You have not raised anything that would lead us to believe you have a child in the uk and so do not meet the requirements of paragraph EX.1.(a)of appendix FM and therefore paragraph EX.1. Does not apply in your case
Consequently you fail to meet the requirements of paragraph 276ADE(1)(vi) of the imagination rules
You have told us that you are currently expecting a baby due in February 2020 and you no longer meet the financial requirements of the spouse route.
I'm afraid the highlighted bit in the reproduced text doesn't help your assertion; and I note that you aren't the one who reproduced it.
If the applicant meets the requirements in paragraph R-LTRP.1.1.(a), (b) and (d) for limited leave to remain as a partner, or paragraph GEN.3.1.(2) or GEN.3.2.(3) applies to an applicant for leave to remain as a partner, the applicant will be granted leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the decision-maker considers, with reference to paragraph GEN.1.11A., that the applicant should not be subject to such a condition, and they will be eligible to apply for settlement after a continuous period of at least 120 months in the UK with such leave
Exactly my point. Meeting EX.1 is the only way to qualify under R-LTRP.1.1. (d), which is the primary way to avoid having to meet all of the requirements of E-LTRP, section .3.1 of which contains the financial requirement and section .4.1 of which contains the English language requirement. Those that don't qualify for the EX.1 exemption have to meet these requirements unless paragraph GEN.3.1.(2) or GEN.3.2.(3) apply, which does not appear to have been this case in this application. Hence why I assume the OP believes the application was refused for not meeting the financial requirement, in an exceptionally roundabout way, and assuming there weren't any other refusal reasons not yet mentioned. Proof of qualifying for EX.1 seems to be the best chance of a successful appeal.Korekt wrote: ↑Fri Nov 01, 2019 7:43 pmEX.1. is part of R-LTRP.1.1. (d).
If EX .1. had been met by the OP along with the other requirements of LTRP.1.1. (d), as well as LTRP.1.1.(a) & (b), the application would have been approved.
The financial requirement is NOT a factor in the above; it itself sits under LTRP.1.1.(c).