0:02 in this video we will discuss when the
0:04 indefinitely to remain application on
0:06 the 5-year partner route should be
0:08 submitted as an oisc regulated UK
0:10 immigration law firm that has helped
0:13 more than 4,600 Partners obtain their UK
0:15 partner visas we're very well placed to
0:17 discuss this for those in the 5-year
0:19 route to indefinite leave to remain
0:21 which is most Partners the indefinite
0:23 leave to remain application can be made
0:25 after 5 years with leave as a partner on
0:27 the 5-year route to indefinite leave to
0:30 remain this means that the route to ilr
0:32 for applicants who first applied out of
0:34 country as a married partner civil
0:36 partner or unmarried partner typically
0:38 involves the first outof country partner
0:40 visa application which will be granted
0:42 for 33 months the first partner visa
0:44 extension application which will be
0:47 valid for a further 30 months and then
0:48 assuming the first spouse visa
0:50 application and the first spouse visa
0:52 extension were granted under the 5-year
0:54 route to ilr the indefinate leave to
0:56 remain application for applicants who
0:59 first applied out of country as a fiance
1:01 or proposed civil partner the route to
1:03 indefinite leave to remain typically
1:05 involves the fiance or proposed civil
1:07 partnership visa application the first
1:09 application as a married or civil
1:10 partner the first spouse fees are
1:12 extension application and then the
1:14 indefinite leave to remain application
1:16 and for applicants who first applied for
1:19 an in-country application as a married
1:21 partner civil partner or unmarried
1:23 partner this typically involves the
1:25 first partner visa application the first
1:28 partner visa extension and then the
1:30 indefinite leave to remain application
1:32 for all of these typical Roots we've
1:34 assumed that applications were granted
1:36 under the 5-year route to ilr which is
1:39 most commonly the case so as previously
1:41 mentioned applicants can normally apply
1:43 for indefinite leave to remain after 5
1:46 years which is 60 months with levers a
1:47 partner on the 5-year route to
1:49 indefinite leave to remain this is the
1:52 case if one the partner visa extension
1:54 application was submitted on time and
1:56 two the indefinite leave to remain
1:58 application is submitted on time let's
2:00 discuss each of these in turn so when
2:02 should the partner visa extension have
2:05 been submitted by partner visa extension
2:06 we're referring to the second
2:09 application as a married partner civil
2:11 partner or unmarried partner if the
2:13 applicant first applied for a UK fiance
2:15 or proposed civil partnership Visa
2:17 ignore that period because time spent in
2:19 the UK as a fiance or proposed civil
2:21 partner does not count towards the
2:23 5-year period in country partner visas
2:26 are granted for 30 months therefore if
2:28 the first partner Visa as a married
2:30 civil or unmarried partner was made from
2:33 inside the UK the extension application
2:35 should be submitted within the 28 days
2:38 before the partner Visa expired outof
2:40 country partner visas on the other hand
2:43 are granted for 33 months so if the
2:45 first partner Visa as a married civil or
2:48 unmarried partner was made from outside
2:50 the UK the extension application should
2:52 be submitted either within 28 days
2:55 before the expiry of the partner Visa or
2:56 no more than 28 days before they've
2:59 completed 30 months in the UK with a
3:01 partner Visa as we discussed in our
3:03 other video we generally recommend that
3:04 Partners submit the extension
3:07 application within 28 days before the
3:09 expiry of the partner Visa is this saves
3:12 Partners from miscalculating the 28 days
3:14 before they've completed 30 months in
3:16 the UK with a partner Visa so when
3:18 should the indefinitely to remain
3:20 application be submitted the earliest
3:23 the ilr application can be submitted is
3:25 28 days before the applicant meets the
3:27 5-year qualifying period if an
3:29 application is made before this the
3:32 application may be refused the latest
3:35 the ilr application can be submitted is
3:37 the last day of valid leave of the UK
3:39 partner Visa please do not let the
3:42 partner Visa expire as long as the ilr
3:44 application is submitted before the
3:46 partner Visa leave expires the partner
3:48 Visa will be automatically extended
3:50 until a decision has been made or until
3:52 the application is withdrawn so it's
3:54 normally perfectly fine to submit the
3:56 indefinite leave to remain application 2
3:58 days before the partner Visa expires in
4:01 such a case the applicant can continue
4:02 to live their life normally during the
4:04 processing of the application and can
4:06 continue their employment or
4:08 self-employment in the UK like other
4:10 in-country applications the applicant
4:12 cannot leave whilst the application is
4:14 being processed is to do so will
4:16 withdraw the application so if you
4:18 anticipate that there's a possibility of
4:20 the applicant having to leave the UK
4:22 within 6 months of submitting the
4:24 application you may consider paying for
4:25 the super priority service which will
4:27 reduce the processing time to one
4:29 working day on average there are are a
4:32 few caveats regarding calculating the 5
4:34 or 10e qualifying period for indefinite
4:36 leave to remain firstly if the applicant
4:39 first applied for a fiance visa time
4:41 spent in the UK as a fiance does not
4:43 count towards the 5 or 10e qualifying
4:46 period for ilr secondly the qualifying
4:48 period resets where there has been a
4:50 change in sponsor partner thirdly if the
4:53 applicant is in the UK on a partner Visa
4:55 granted on the 5-year route and is
4:57 subsequently granted on the 10-year
4:59 route or vice versa the qualifying
5:01 period perod will reset fourthly if the
5:03 applicant switches to a partner visa
5:06 from a different category the 5 years
5:08 period will reset for example an
5:10 applicant was in the UK on a skilled
5:13 worker visa after 2 years in the UK on a
5:15 skilled worker visa the applicant
5:17 obtained a partner visa on the 5-year
5:19 route the start of the 5-year period
5:21 will reset when the UK partner Visa is
5:24 granted as the time spent in the UK on a
5:26 skilled worker visa will not count
5:28 towards the 5year period it may also
5:30 worth be noting here that if a partner
5:32 changes from an unmarried partner to a
5:34 married partner or civil partner
5:36 throughout the 5-year period this will
5:39 not reset the 5-year period we discussed
5:41 the partner visa requirements and the
5:43 partner Visa process in detail on our website
5:44 website
5:47 www.my.org if you want us to continue
5:49 making videos like this you can let us
5:51 know by liking the video subscribing or
5:53 leaving a comment I hope you found this
