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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 as follows: It is important to note that the suitability and relationship requirements remain intact and mandatory, even in cases which seek to rely on paragraph EX1(b). However, under Paragraph EX1(b) of Appendix FM (and as further explained in Paragraph EX2 of Appendix FM), there are situations where certain aspects of these otherwise mandatory requirements may be waived in light of the ‘insurmountable obstacles’ to family life which a refusal of the application would otherwise cause to the couple concerned. If any of these requirements are not met, the visa application will typically be refused.
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To apply for immigration status under Appendix FM, the following requirements must be satisfied: Appendix FM contains the Home Office’s published immigration rules for individuals seeking to acquire legal status in the UK as the dependent spouse, civil partner, fiancé(e), or unmarried partner of a British citizen, settled person or refugee.
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