Indefinite Leave Success

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December 4, 2023

Muldoon Britton Immigration were recently successful in securing indefinite leave to remain under the 5-year partner route for a long-standing client of the firm. It is always a pleasure to have clients come back to us for further applications, and it is especially rewarding when we are chosen to represent clients at every stage of their UK immigration journey and get to see them through from start to finish. Applying for a UK visa, particularly under the family rules, is a highly personal process and we are honoured to be trusted by our clients time and again.

We are often asked by people what the process to getting indefinite leave to remain looks like under the 5-year family route, which is briefly summarised below:

Timeline for indefinite leave to remain & British Citizenship if you initially enter the UK as a fiancé(e)/proposed civil partner under the 5-year family route

  1. The applicant submits an entry clearance (‘EC’) application from outside of the UK – if granted, the fiancé(e)/proposed civil partner visa is valid for 6 months.
  2. The applicant submits an application for limited leave to remain (‘LTR’) from within the UK (also known as the ‘extension application’) – permission to remain in the UK will be valid for 30 months.
  3. The applicant submits an application for further leave to remain (‘FLR’) from within the UK (also known as the ‘second extension application’) – permission to remain in the UK will be valid for 30 months.
  4. The applicant submits an application for indefinite leave to remain (‘ILR’) after 5 years of lawful residency in the UK (NOT inclusive of any time sent in the UK on a fiancé(e)/proposed civil partner visa) (this application is optional, but the applicant would need to continue to extend their permission to live in the UK if they do not apply for ILR) – if approved, they can reside in the UK indefinitely.
  5. The applicant submits an application for British Citizenship by naturalisation (this is optional). Please note that most persons applying for British Citizenship by naturalisation must usually have ILR before they apply.

Timeline for indefinite leave to remain & British Citizenship if you initially enter the UK as a spouse, unmarried partner, or parent under the 5-year family route

  1. The applicant submits an entry clearance (‘EC’) application as a spouse/partner/parent from outside of the UK – if approved, the applicant will be granted entry clearance for a period of 33 months.
  2. The applicant submits an application for limited leave to remain (‘LTR’) from within the UK prior to the expiration of their initial period of leave (also known as the ‘extension’ application) – if approved, permission to remain in the UK will be granted for 30 months.
  3. The applicant submits an application for indefinite leave to remain (‘ILR’) after 5 years of lawful residency in the UK. This is optional, but the applicant would need to continue to extend their period of permission to reside in the UK as in step 2 above, if they do not apply for ILR – if approved, they can reside in the UK indefinitely.
  4. The applicant submits an application for British Citizenship by Naturalisation (this is optional). Please note that most persons applying for British Citizenship by naturalisation must usually have ILR before they apply.

If you require legal assistance with any stage of your UK immigration journey, please contact us for a quote.

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With years of experience working in UK immigration and British nationality law, our advisors can help you understand the process and take the right steps to obtain your visa. Get in touch today.