This content explains the optimal timing for submitting Indefinite Leave to Remain (ILR) applications for individuals on the UK's 5-year partner visa route, emphasizing key deadlines and potential pitfalls.
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in this video we will discuss when the
indefinitely to remain application on
the 5-year partner route should be
submitted as an oisc regulated UK
immigration law firm that has helped
more than 4,600 Partners obtain their UK
partner visas we're very well placed to
discuss this for those in the 5-year
route to indefinite leave to remain
which is most Partners the indefinite
leave to remain application can be made
after 5 years with leave as a partner on
the 5-year route to indefinite leave to
remain this means that the route to ilr
for applicants who first applied out of
country as a married partner civil
partner or unmarried partner typically
involves the first outof country partner
visa application which will be granted
for 33 months the first partner visa
extension application which will be
valid for a further 30 months and then
assuming the first spouse visa
application and the first spouse visa
extension were granted under the 5-year
route to ilr the indefinate leave to
remain application for applicants who
first applied out of country as a fiance
or proposed civil partner the route to
indefinite leave to remain typically
involves the fiance or proposed civil
partnership visa application the first
application as a married or civil
partner the first spouse fees are
extension application and then the
indefinite leave to remain application
and for applicants who first applied for
an in-country application as a married
partner civil partner or unmarried
partner this typically involves the
first partner visa application the first
partner visa extension and then the
indefinite leave to remain application
for all of these typical Roots we've
assumed that applications were granted
under the 5-year route to ilr which is
most commonly the case so as previously
mentioned applicants can normally apply
for indefinite leave to remain after 5
years which is 60 months with levers a
partner on the 5-year route to
indefinite leave to remain this is the
case if one the partner visa extension
application was submitted on time and
two the indefinite leave to remain
application is submitted on time let's
discuss each of these in turn so when
should the partner visa extension have
been submitted by partner visa extension
we're referring to the second
application as a married partner civil
partner or unmarried partner if the
applicant first applied for a UK fiance
or proposed civil partnership Visa
ignore that period because time spent in
the UK as a fiance or proposed civil
partner does not count towards the
5-year period in country partner visas
are granted for 30 months therefore if
the first partner Visa as a married
civil or unmarried partner was made from
inside the UK the extension application
should be submitted within the 28 days
before the partner Visa expired outof
country partner visas on the other hand
are granted for 33 months so if the
first partner Visa as a married civil or
unmarried partner was made from outside
the UK the extension application should
be submitted either within 28 days
before the expiry of the partner Visa or
no more than 28 days before they've
completed 30 months in the UK with a
partner Visa as we discussed in our
other video we generally recommend that
Partners submit the extension
application within 28 days before the
expiry of the partner Visa is this saves
Partners from miscalculating the 28 days
before they've completed 30 months in
the UK with a partner Visa so when
should the indefinitely to remain
application be submitted the earliest
the ilr application can be submitted is
28 days before the applicant meets the
5-year qualifying period if an
application is made before this the
application may be refused the latest
the ilr application can be submitted is
the last day of valid leave of the UK
partner Visa please do not let the
partner Visa expire as long as the ilr
application is submitted before the
partner Visa leave expires the partner
Visa will be automatically extended
until a decision has been made or until
the application is withdrawn so it's
normally perfectly fine to submit the
indefinite leave to remain application 2
days before the partner Visa expires in
such a case the applicant can continue
to live their life normally during the
processing of the application and can
continue their employment or
self-employment in the UK like other
in-country applications the applicant
cannot leave whilst the application is
being processed is to do so will
withdraw the application so if you
anticipate that there's a possibility of
the applicant having to leave the UK
within 6 months of submitting the
application you may consider paying for
the super priority service which will
reduce the processing time to one
working day on average there are are a
few caveats regarding calculating the 5
or 10e qualifying period for indefinite
leave to remain firstly if the applicant
first applied for a fiance visa time
spent in the UK as a fiance does not
count towards the 5 or 10e qualifying
period for ilr secondly the qualifying
period resets where there has been a
change in sponsor partner thirdly if the
applicant is in the UK on a partner Visa
granted on the 5-year route and is
subsequently granted on the 10-year
route or vice versa the qualifying
period perod will reset fourthly if the
applicant switches to a partner visa
from a different category the 5 years
period will reset for example an
applicant was in the UK on a skilled
worker visa after 2 years in the UK on a
skilled worker visa the applicant
obtained a partner visa on the 5-year
route the start of the 5-year period
will reset when the UK partner Visa is
granted as the time spent in the UK on a
skilled worker visa will not count
towards the 5year period it may also
worth be noting here that if a partner
changes from an unmarried partner to a
married partner or civil partner
throughout the 5-year period this will
not reset the 5-year period we discussed
the partner visa requirements and the
partner Visa process in detail on our website
website
www.my.org if you want us to continue
making videos like this you can let us
know by liking the video subscribing or
leaving a comment I hope you found this
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