Yesterday was a rewarding day for me as a direct access immigration barrister, as I had the pleasure of giving out a BRP to an unmarried partner of a person present and settled in the UK. What was particularly rewarding was that the partner, who is a single mother did not meet the financial requirements. When the clients came to see me I could see that they had an excellent article 8 case and my advice was that they would ultimately succeed but I was not certain whether the Secretary of State would be granting them a residence permit without a bit of a struggle.
I advised the clients that they needed to provide as much information detailing their relationship and how her children saw the Applicant as a father figure. The clients really engaged with me and there was extensive evidence detailing how close the children were to him and how genuine the relationship was. I was able to submit an application which was supported with detailed evidence as well as detailed legal submissions.
It was a pleasant surprise when instead of getting a refusal the Secretary of State returned all his papers with a biometric residence permit (BRP) granting him permission to remain in the UK. It was a real joy to see the clients and to give over the BRP and to return their papers.
I think what I would take from this case is that even if you do not meet all the requirements of appendix FM of the immigration rules HC395 (as amended) if you have a genuine case and a genuine relationship and are prepared to work with me that the UKVI will grant a BRP without the need to go for judicial review and an appeal. I was particularly happy for this couple as they had a relatively modest income and the UKVI by granting them a BRP had undoubtedly saved them several thousand pounds and about a year of stress.
Given my previous post about the conservative government and the uncertainty that we now face I would urge anyone who is considering making an application or is uncertain as to their immigration status to get in touch with me by phone or email as soon as possible. As I have said in my previous post I will be making additional appointments available.
Paul Turner is a highly regarded direct access immigration barrister practising from Mansfield Chambers, the Chambers of Michael Mansfield QC, 5 Chancery Lane, London, WC2A 1LG and a door tenant at 39 Park Square Leeds LS1 2NU and is licensed by the Bar Council to provide advice and representation directly to the public.