![]() While reviewing a request pursuant to paragraph EX.1.(b) and deciding whether there are insurmountable obstacles, the decision-maker at the Home Office should take into account the individual circumstances of the applicant and its partner, depending on all the information provided. For the purposes of paragraph EX.1.(b) “insurmountable obstacles” means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner.” The definition of insurmountable obstacles is set out in paragraph EX.2. This will be possible if they can prove that, as stated in EX.1.(b) of Appendix FM Immigration Rules, they will face’ insurmountable obstacles’ for family life to continue outside of the UK. ![]() If an individual applies for leave to remain in the United Kingdom on the basis of a qualifying partner such as a British Citizen or settled person but does not meet all the requirements of immigration rules, they could still be able to acquire leave to remain in compliance with Article 8 of the ECHR, on the grounds of their right to private and family life. The new rules and procedures within or outside the Immigration Rules remain the topic of legal challenges, and it is vital that anyone considering applying under Article 8 should be given legal guidance on their rights and prospects.Įvery day, insurmountable obstacles and exceptional circumstances are phrases in immigration law, but the most learned of judges have failed to catch their true meaning. In numerous cases over many years, Courts have made it clear that the introduction of the new laws does not affect the requirements on Article 8 that were previously established and that still apply. It is worth noting, moreover, that the Immigration Rules reflect only the interpretation given by the UK government and would not reflect the known case law on Article 8. ![]() It has already been shown that the case-law of the Court on the right to respect family life in immigration cases lacks consistency in procedural and substantive security questions. It is vital that the Court provides sufficient clarification on the implementation of the Convention to permit the primary role of national authorities. The ECHR has a vital role to play in safeguarding the rights and freedoms set out in the Convention. The Rules further set out the procedure the applicants will need to meet and the conditions that will be enforced by the Home Office in deciding outcomes on applications under Article 8. The Immigration Rules lay out what the Home Office considers to be the conditions for a compliant article 8 right. Furthermore, if the interference is proportionate, a public body may only intrude upon the right of a person to privacy in terms of their private and family life. Immigration rules are generally acknowledged as being within the framework laid down in the Convention. The Supreme Court has set as to how a public body and the lower courts should apply this balance in the case of Agyarko.Īrticle 8 is a right, but a Public Body can intervene over that right in certain circumstances. Immigration rules and case laws have explained in detail where a person, who has no legal status, can live in the UK based on family life if there are insurmountable obstacles for family life to continue abroad, and how the public body should maintain an effective immigration control balancing it with the right of the individual concerned. Human rights law acknowledges that people are entitled to a family and private life, but also accepts that a Public Body, such as the Home Office, has the right to control over immigration. As of 2 nd October 2000, the rights of the Convention have been applied into domestic law in the UK via the Human Rights Act 1998. The European Convention on Human Rights(ECHR) governs how fundamental human rights should be protected. Each case is unique in facts and circumstances. Immigration cases in the UK can be very complicated, as they require a substantial amount of supporting evidence and may vary in every situation. What Are Insurmountable Obstacles For Family Life To Continue Abroad?
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