Reuniting against the odds: How careful legal preparation helped a client overcome complex immigration challenges

As immigration solicitors, we are frequently asked to untangle difficult legal situations which have significant consequences to those who have requested our help. This is particularly apparent in UK family applications, where we are tasked with making applications that bring loved ones together. 

One of our recent clients was trying to do just this. They were applying to reunite with their partner by making an application from overseas. However, as a result of our client’s previous complex immigration history, there was more to consider in their application

Our client had previously arrived in the UK using a different name and claimed asylum on their arrival under this different name. During their time here, they met their partner, and a relationship developed between them. After exhausting their options to stay in the UK following their claim for asylum, our client was removed from the UK, leaving their partner behind.  

Not long after our client’s removal from the UK, they then re-entered the UK without immigration status. After arriving a second time and being reunited with their partner, our client started working using their different name and National Insurance number allowing them to support themselves while residing in the UK. 

After residing in the UK without immigration status for a period of time, as well as previously being removed from the UK, our client wanted to start their residence in the UK afresh, with a clean slate to give their relationship more chance to flourish. To make this possible, our client left the UK, voluntarily returning to their home country with the view to make an application to enter the UK as a partner.  

Once our client had left the UK, they instructed us to represent them with their application to enter the UK and reunite with their partner who was still living here.   

We recognised that given our client’s complicated immigration history including periods inside the UK which the Home Office may have no knowledge of, that it would be very important to get our client’s full Home Office file to establish the exact immigration history of our client before making any application to enter the UK. This would allow us to tackle any issues in their previous immigration history as part of our legal representations. We believed that taking this thorough approach, would give our client’s application of being reunited with their partner the best chance of success.  

From the Home Office file we received, as well as our client’s own details about their immigration history, it was clear that we needed to approach the family visa application with great care. In particular, we needed to pay attention to the fact that our client had taken positive steps to rectify their immigration history by leaving the UK voluntarily to make an application to re-enter the UK through the appropriate route available to them.  

We supported our client in obtaining significant evidence of their relationship with their partner as well as making sure that we outlined our client’s immigration history in our legal representations with detailed reasons for the circumstances which led to our client’s difficult immigration history.  

With our client’s Home Office records and the collected supporting evidence, we were able to prepare thorough legal representations to accompany the application. Our legal representations made sure to highlight just how strong our client’s relationship was with their partner who was settled in the UK, as this was why they wanted to be able to stay in the UK. We also made sure to comprehensively explain the client’s circumstances and that they were now looking to make amends for their previous immigration history.  

As a result of careful planning, thorough legal advice, detailed legal representations and ensuring we had as much information as possible prior to submitting our client’s application, we gave our client a fighting chance of being able to re-enter the UK to continue living with their partner.  

Our client’s application was granted and so our client was able to enter the UK where they now reside with their partner. The couple are now able to plan their long-term future in the UK and no longer need to worry about whether our client will be stuck overseas with no prospect of returning to the UK. 

This case is an example of just how important it can be to have a legal representative in your corner when preparing an immigration application. 

Based on the facts, our client’s case seemed destined for failure. However, in taking time to prepare the application thoroughly, paying particular care to addressing our client’s previous immigration history, we were able to ensure our client had a successful outcome and could move forward with their life as a couple in the UK.