An applicant can make an application on FLR FP form as a partner under the 10 years route to settlement who does not meet the requirements of leave to remain as a partner under the 5 years route. The applicant may submit his or application under the 10 years route to in following circumstances where he or she is unable to meet the financial requirements and or does not have lawful residence in the UK and or unable to meet the English language requirement of the Home Office. In order to make a successful application under the 10 years route it is important to meet the requirement of EX.1 in Appendix FM of the Immigration Rules. The Applicant has to show that there are serious reasons why he or she cannot live with the partner as a couple in another country.
The requirements of EX1 under the Appendix FM of the Immigration Rules can also be met by an applicant by proving that the applicant is in genuine and subsisting relationship with his or her British or settled partner in the UK and that there are insurmountable obstacles for family life to be enjoyed outside the UK. The threshold of insurmountable obstacles is very high and also to prove that exceptional and compassionate circumstances exits.