City Legal

Business Case: Navigating Home Office Hurdles in Sponsoring Family in Business

Shyam Selvaraj
03/07/2024

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The Case Background

Jenny (we’ve altered the name for confidentiality) is at the helm of a flourishing company that offers services in the sector of real estate activities. In 2021, she started this venture with a focused vision to cater to serviced accommodation facilities, which offer the flexibility of both long-term and short-term stays.

From the beginning, her business showed a trajectory of continuous growth. Among the drivers of this increasing success was Chris (name again changed to maintain privacy), who held a key position as a Business Development Executive within the company. Chris’s unwavering commitment and skilful approach were instrumental in propelling the business forward.

His profound insights, combined with his intrinsic understanding of the business, rendered Chris an invaluable asset to the company. Recognising his immense contributions, Jenny and her team knew that retaining him was not merely a preference but a vital necessity for the business’s future development and expansion. His unique skill set and unparalleled competence were considered essential for steering the company towards its envisioned growth.

The Problem

With a solid decade behind us as an active immigration firm, we’ve collected a wealth of knowledge and honed our expertise in this field. This experience equips us with the necessary skills to craft successful strategies tailored to each unique case we handle, delivering successful outcomes for our clients. In this scenario, we were faced with a complexity that offered a unique challenge. The twist was that Chris, the valuable Business Development Executive the business aimed to retain, was, in fact, Jenny’s husband. The Home Office can often misunderstand this as a route for immigration, even when it’s not the case. Jenny, being a migrant worker and on a dependent visa, added more to the complexity of the case.

To overcome this hurdle, we had to demonstrate the genuine nature of Chris’s role in the business. We had to clearly illustrate his undeniable value to the company and prove that their interest in retaining him was motivated purely by business needs rather than personal or familial ties. This required a careful and detailed approach, weaving together the facts of the case to present a clear narrative of Chris’s integral role in the company’s success.

Our approach to solving the case problem

Our team created a strategic plan emphasising Chris’s pivotal role in the business. We highlighted the benefits of obtaining a sponsor licence; not only would it ensure Chris’s continued contribution to the company, but it would also open doors to bringing in additional skilled workers in the future. This strategic foresight was particularly relevant given the company’s rapid growth.

In order to make the process as seamless as possible, we took extra care to ensure the Home Office was furnished with all pertinent information and essential documents right from the outset. Our aim was to avoid any unnecessary back-and-forth or additional information requests from the Home Office, which could potentially cause delays in the overall process.

In support of our case, we compiled and submitted a comprehensive bundle of compelling evidence. This included crucial business documentation such as Human Resource records, bank statements, and detailed growth plans for the business. Furthermore, we provided an exhaustive outline of Chris’s role in the company, detailing his responsibilities and his significant contributions. By doing so, we aimed to clearly demonstrate his indispensable value to the business’s ongoing success.

The outcome of our approach

Our skilled team of immigration professionals was deeply committed to aiding Jenny in obtaining a sponsor licence, even though the case came with its own set of challenges. We worked assiduously to prove that Chris’s role in the business was indispensable and that the intent of seeking sponsorship was genuine, not merely a tool for immigration.

Thanks to our dedicated efforts and strategic approach, we secured a positive outcome. Jenny successfully obtained the sponsor licence for her business, enabling her to take the necessary steps forward.

Further assistance from City Legal

After Jenny’s visa application was successfully processed, we welcomed her business as our retainer client at City Legal. Our retainer clients receive special discounts and legal support in all their matters, including sponsor licence compliance. Our newly launched compliance portal is a perfect solution for handling sponsor licence compliance. In this case, Jenny was planning to hire an overseas team soon, and our compliance portal seemed a perfect match for that.

Our team has a record of success in every case we’ve handled. If you’d like us to handle your case, please get in touch with us at 020 8175 4000.

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