A marriage that works, and a settlement rule that assumes it does not

A mother applying for settlement with her two daughters faced an odd difficulty. Sole responsibility cases are usually easier to argue when a marriage has broken down. Hers had not, and her husband was simply working in another country.

At a glance

• Client: BN(O) route, in the UK since August 2021
• Dependants: Two daughters, both under 18
• Matter: Indefinite leave to remain with sole parental responsibility for the children
• The obstacle: Intact marriage, husband working overseas
• Instructed: 19 June 2026

How they found us

She was referred by an existing client and booked a meeting with us directly on 14 June 2026.

The challenge

• The family's visas expired in mid-August 2026, so there was a fixed deadline.
• The husband remained overseas for work and visited once or twice a year.
• The marriage was intact with no intention to separate, which makes sole responsibility harder to argue than a case involving estrangement.
• By the client's own assessment, the children saw their father around fifty days a year across his visits, their trips and family holidays.
• She had considered and rejected the alternative discretionary test, judging her circumstances would not meet it.

What we did

• Set expectations before taking the fee. Advised plainly that the application is discretionary, that the decision rests with the Home Office, and that the firm's role is to build the strongest possible case rather than to promise an outcome.
• Split the applications by urgency. Her own settlement on an expedited service, the daughters' on standard, both resting on the same sole responsibility argument.
• Identified the evidence set. School records and a letter confirming her as sole primary contact, GP and dental records and letters, evidence from extracurricular providers, correspondence on education and medical matters, and a consent letter from the husband.
• Worked with what the client had already done. She had drafted letters for the school, GP, dentist and her husband to sign before instructing, and that work was used rather than restarted.

Why it matters

Sole responsibility is not about whether the other parent loves the children. It is about who actually makes the decisions, signs the forms and takes the calls. Families separated by work rather than breakdown often have exactly that arrangement without ever having had to describe it.