Refusal Exemptions

[Franko]

Just noticed this at the bottom of the spouse visa requirements on the UKBA website.

To apply for entry to the UK, or to stay here or be granted settlement you will need to meet the suitability, relationship, financial and English language requirements. If you do not meet the requirements your application will be refused unless:

•You are the parent of a child who:

•is under the age of 18, and
•is in the UK, and
•is a British citizen or has lived in the UK for the last 7 years, and
•it would not be reasonable for us to expect the child to leave the UK.

or

•there are insurmountable obstacles to family life with your partner continuing outside the UK.

Insurmountable obstacles means that we would look at the seriousness of any difficulties that would prevent you and your partner from living in another country, and whether those difficulties could be overcome.

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/


So if I read this correctly if you and your partner have a child and you bring that child to live in the UK, your partner would be exempt from the immigration requirements? Or if there is another reason that you and your partner cannot live together outside of the UK?

[MPH80]

I think the bit you missed was 'lived in the UK for 7 years'.

That's a long time to be apart from your child.

And it wouldn't be 'exempt' - more that your case would be considered under article 8 and you'd be given discretionary leave.

[Franko]

I think the bit you missed was 'lived in the UK for 7 years'.

That's a long time to be apart from your child.

And it wouldn't be 'exempt' - more that your case would be considered under article 8 and you'd be given discretionary leave.

No you missed the bit that said "is a British citizen or has lived in the UK for the last 7 years,

For a british citizen with a foreign spouse any child even if born outside the UK will still be a british citizen by decent.