Question to the Home Office:

To ask the Secretary of State for the Home Department, what plans her Department has to review exceptional circumstances criteria.

Where an applicant is not able to meet all the core eligibility requirements in the family Rules under Appendix FM of the Immigration Rules, including the financial requirement, the application will receive consideration of whether there are exceptional circumstances which would render refusal a breach of Article 8 (the right to respect for private land and family life) of the European Convention on Human Rights (ECHR). This involves considering whether refusal would result in unjustifiably harsh consequences for the applicant or their family.

The exceptional circumstances test is long established in case law and has been approved by the Supreme Court as upholding our obligations under Article 8 of the ECHR. The government keeps all policies under review.

For further information on how the test is considered, information can be found at pp.59-71 of the following guidance: Family life (as a partner or parent) and exceptional circumstances (publishing.service.gov.uk).

For specific information on exceptional circumstances in the context of recourse to public funds, guidance can be found at pp.10-11 of the following guidance: Permitting access to public funds (publishing.service.gov.uk).