Client Success: Achieving ILR as an Unmarried Partner with Complex Finances

Successfully navigating complex immigration processes often requires tailored legal guidance. Recently, Immigration Barrister Partner Gillian McCall assisted a client in securing Indefinite Leave to Remain (ILR) as an unmarried partner, despite significant challenges in meeting the financial requirement for the route.

Case Overview: ILR as an Unmarried Partner

The applicant was applying for ILR under the Unmarried Partner route. While her partner’s income far exceeded the minimum threshold required by the Home Office, his employment situation presented unique complexities. His role spanned multiple jurisdictions, and the corporate structure of his business was intricate. This created potential difficulties in demonstrating compliance with the financial requirement under the immigration rules.

The Challenge 

The primary issue revolved around the Appendix FM financial requirement. Although the partner’s earnings were substantial, the Home Office needed clear evidence to verify that the income met the specific criteria outlined in the immigration rules. Additionally, the sponsor’s position as a majority shareholder of the parent company raised concerns about whether the business could be classified as a specified limited company under the rules. Misinterpretation by the Home Office could have jeopardised the application for ILR as an unmarried partner.

Our Strategy and Approach

To address these challenges, we developed a meticulous strategy to present the applicant’s case in a clear and persuasive manner:

• Comprehensive Documentation: We prepared a detailed table to map out the corporate structure of the business and its financial arrangements. This enabled us to demonstrate how the sponsor’s income satisfied the financial requirement.
• Clear Communication: Recognising the potential for confusion, we took proactive steps to ensure the Home Office could understand the complexities of the case. This included providing clear, concise explanations of the corporate structure and its relevance to the financial requirement.
• Engaging with the Home Office: We initiated direct communication with the Home Office to clarify any misunderstandings and to advocate for our client. This allowed us to address concerns promptly and ensure the decision-maker fully understood the evidence presented.

The Outcome: ILR as an Unmarried Partner Granted

Our approach proved successful. The Home Office ultimately accepted our argument that the business was not a specified limited company, even though the sponsor was a majority shareholder of the parent company. As a result, the applicant was granted Indefinite Leave to Remain.

Key Takeaways From the Case

Reflecting on the case, Gillian McCall noted:

“This case highlighted the importance of effectively explaining the immigration rules to the Home Office. Decision-makers do not always have enough time to get to grips with complex financial arrangements when deciding applications, so our role is to make granting the application easy for them. By providing clear explanations and aligning the evidence with the requirements, we were able to secure a positive outcome for our client.”

Contact Our Immigration Barristers

At Richmond Chambers, we are committed to providing expert legal advice and representation for clients navigating the UK’s immigration system. This case is a testament to the importance of clarity, strategy, and advocacy in overcoming challenges and achieving success.

For expert advice in relation to your ILR  application or another immigration matter, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.