What Is EX.1 in Appendix FM of the Immigration Rules?

EX.1 is part of Appendix FM of the UK Immigration Rules. It provides exceptions to certain requirements for people applying to remain in the UK as a partner or parent.

It may be relevant when an applicant cannot meet some of the normal five-year route requirements. It is not a separate visa category or an automatic entitlement to stay.

When can EX.1 apply?

There are two main limbs: a qualifying parental relationship, or a qualifying partner relationship with insurmountable obstacles to family life continuing overseas.

EX.1(a): a parental relationship

This concerns a genuine, ongoing parental relationship with a child in the UK who is British or has lived here continuously for at least seven years immediately before the application.

The child must normally be under 18, with a provision for certain applicants previously granted permission under EX.1. It must also be unreasonable to expect the child to leave the UK, taking their best interests as a primary consideration.

EX.1(b): a partner relationship

This concerns a genuine, ongoing relationship with a partner in the UK holding a qualifying status, such as British citizenship or settlement. Other specified statuses also qualify.

The couple must demonstrate insurmountable obstacles to continuing their family life together outside the UK.

What are “insurmountable obstacles”?

EX.2 explains that these are very significant difficulties which cannot be overcome, or which would cause very serious hardship if overcome. A preference to remain in the UK is insufficient.

The assessment requires evidence about the couple’s individual circumstances. Describe the actual obstacles and their consequences, rather than simply repeating the wording of the rule.

Which requirements can be affected?

Where EX.1 applies, certain financial, accommodation, English language or immigration-status requirements may not need to be met. Other eligibility and suitability requirements remain relevant.

EX.1 is not a standalone basis for granting permission. The application must be assessed within the relevant partner or parent route.

Does EX.1 grant Indefinite Leave to Remain?

No. A successful application relying on EX.1 normally concerns limited permission on a ten-year family route. Settlement is a later, separate assessment under the applicable rules.

The ten-year family route should not be confused with ten years’ lawful long residence. Ask for an assessment of your own immigration history before assuming when you can qualify for settlement.

Can visitors or overstayers rely on EX.1?

EX.1 can be relevant to some applicants who have overstayed, but it does not excuse every immigration-status problem. Visitors remain subject to restrictions on switching under Appendix FM.

A separate exceptional-circumstances or Article 8 assessment may be relevant. Having a British partner or child does not automatically establish that an in-country application will succeed.

What evidence should you prepare?

Start with an accurate account of your circumstances. For an adviser’s initial review, gather:

• Your passport, immigration decisions and current eVisa details.
• A timeline of your UK residence and previous applications.
• Evidence of your relationship with your partner or child.
• The child’s nationality, residence and care arrangements, where relevant.
• Relevant medical, educational or professional reports.
• Documents supporting the difficulties you say would arise overseas.
• Any refusal letter, investigation correspondence or outstanding deadline.

This is a preparation checklist, not a complete application evidence list. The documents needed depend on the legal basis of the application and the facts being relied on.

Explain what each document demonstrates. A large bundle without a clear explanation can make the relevant issues harder to identify.

What if UKVI has already refused the application?

Keep the full decision letter and obtain advice promptly. Ask the adviser to identify the reasons for refusal, the available challenge and the relevant deadline.

Do not assume that repeating the same evidence in another application will resolve the problem. The next step should address the actual findings in the decision.

How Thai Visa Express UK can help

We can review your immigration history and family circumstances, identify the issues requiring assessment and explain the assistance available within the scope of our service.

Where specialist representation is required, we will explain this. Bring any deadlines to our attention when you first contact us.

UK immigration advice is provided through Thai Visa Express UK, regulated by the Immigration Advice Authority (IAA), registration F200700163. Our Thailand office is a separate overseas consultancy.

Visit our UK website or use our contact form.