Other obstacles include any serious cultural barriers to relocation overseas, as in the case of a same sex couple or inter-faith couple facing real risk of prosecution, persecution or serious harm in the country of relocation. These include the inability to enter and stay in another country, as in the case of a refugee unable to return to their home country. How is this fact-sensitive assessment carried out?Ī number of factors to consider that are outlined in the guidance.
How are ‘insurmountable obstacles’ assessed? However, the assessment, according to the guidance, should be made with reference to country of origin information, relevant national laws, attitudes and situation in the relevant country. In Jeunesse, for example, there were said to be no ‘insurmountable obstacles’ to the relocation of a family to Suriname, even though all of the children, the eldest of which was at secondary school, were Dutch nationals, had lived all of their lives in Holland and had never visited Suriname. In the second situation, the person in question would have to face very serious hardship entailed by overcoming the obstacle.Īs the guidance makes clear, a significant degree of hardship or inconvenience does not amount to an insurmountable obstacle, even if ‘a British citizen partner who has lived in the UK all their life, has friends and family here, works here and speaks only English’ has to ‘uproot and relocate halfway across the world’. For example, ‘because they would not be able to gain entry to the proposed country of return’. In the first situation, the applicant would face a very significant difficulty meaning that it would be literally impossible to continue the family life together overseas. This definition of ‘insurmountable obstacles’ provides for two types of situation elaborated on by the Home Office Guidance in this area. Paragraph EX.2 of the immigration rules provides a starting point in defining ‘insurmountable obstacles’ as the ‘very significant difficulties which would be faced by the applicant or their partner…which could not be overcome, or would entail very serious hardship for the applicant or their partner’. However, the strictness of the test is mitigated by a realistic and practical approach which will be sensitive to the facts of each case. In Agyarko, it was held that this test, though strict, was compatible with Article 8, and that, in addition, ‘the rules are not a summary of European court’s case law, but a statement of the Secretary of State’s policy’. In contrast to the more generous wording used by the European Court of Human Rights, such as ‘ un obstacle majeur ’ or a ‘ major impediment ’, the word ‘insurmountable’ necessarily indicates a very high threshold. This will be possible if they are able to show that they would face ‘insurmountable obstacles to family life continuing outside the UK with that partner’ as outlined in EX.1.(b) of the Immigration Rules.Īs indicated by the wording, this is a strict test. We hope this page has helped you understand Insurmountable in detail, if you find any mistake on this page, please keep in mind that no human being can be perfect.What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to acquire leave to remain on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights. You can also find multiple synonyms or similar words of Insurmountable.Īll of this may seem less if you are unable to learn exact pronunciation of Insurmountable, so we have embedded mp3 recording of native Englishman, simply click on speaker icon and listen how English speaking people pronounce Insurmountable. The definition of Insurmountable is followed by practically usable example sentences which allow you to construct your own sentences based on it. The page not only provides Urdu meaning of Insurmountable but also gives extensive definition in English language.
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