Post
by motaco88 » Tue Dec 15, 2020 11:27 am
Stumbled on this in a section that talks about exceptional circumstances which further makes the burden of proof on my part even harder:
Second, if an applicant does not otherwise meet the relevant requirements of those
Immigration Rules, you must move on to consider, for a family, under paragraph
GEN.3.1. to GEN.3.3. of Appendix FM or outside the rules in the case of an
application for leave to remain made solely on the basis of private life in the UK,
whether, in the light of all the information and evidence provided by the applicant,
there are exceptional circumstances which could or would render refusal a breach of
ECHR Article 8 because it would result in unjustifiably harsh consequences for the
applicant, their partner, a relevant child or another family member whose Article 8
rights it is evident from the information provided by the applicant would be affected.
I am considering just accepting it as I can't find a proper argument against it. if a few '000s ever 2.5 years is the price to pay to stay with my daughter then so be it. worst case, I apply again if the relationship breaks down.