1
Type Speaker CPD Hours Level
Webinar
1 IntermediateInformation
Accreditation Information
SRA Competency B

Introduction

Appendix FM EX.1(b) and EX.2 of the Immigration Rules create a harsh test for foreign nationals who are here as overstayers and who wish to reside in the UK with their British national or settled spouses and partners.

The requirement for an individual to show that there are insurmountable obstacles to family life with their partner continuing outside of the UK is a test which has been difficult for most people to meet.

EX.1(b) and EX.2 have, however, now been set out and considered in detail in UKVI policy and a range of case law. The Courts have clarified the test. There is an emphasis on the need for evidence to support applications and there is now a better understanding of what can usefully be submitted to support arguments under this rule.

This webinar will provide you with detailed knowledge of the authorities and guidance on this topic, allowing you to be able to submit far more effective applications. It will also allow for better challenges to unsuccessful decisions, whether in appeals or judicial review applications.

What You Will Learn

This webinar will cover the following:

  • An understanding of insurmountable obstacles under EX.1(b) and EX.2
  • A consideration of UKVI Policy Guidance and how that defines the test of ‘insurmountable obstacles’
  • A detailed look at how the test has been approached by the Tribunals and Courts in individual cases
  • Tools to challenge clearly unfounded certificates, in EX1(b) decisions, by way of judicial review
  • Practical tips on useful evidence and arguments to advance in applications and appeals

This webinar was recorded on 5th March 2020

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