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Discussion Starter · #1 ·
Hi forum, myself (british citizen) and my partner (australian) are both currently in the uk and due this weekend to visit Australia for a few months and hopefully return on a fiancé visa. We consulted an immigration lawyer whom came highly recommended but are a bit confused about two things…

firstly.. he is charging a fee of £500 for putting together the application once we have supplied him with our documents, is this a normal rate? it seems a bit high?


secondly.. when we spoke, he stated that once we return on the fiancé visa, we apply for a 2.5 year extension. And that once a period of three years living together in the uk (made up of time spent living together on the fiancé visa and then the time on the extension)…. my partner would be able to apply for indefinite leave to remain.

We can't see anything about applying for IRL after three years? only 5 and 10


Please can anyone shed some light?
 

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Your "lawyer" is ripping you off. If you've got a straightforward case (no adverse immigration/criminal history), meet the financial requirements etc, you should be able to do it yourself.

Have a look at the guidance and application form and ask questions here... we've collectively been there, done that and are happy to help you achieve your goals. Joppa has extensive experience with UKBA rules/law and is a fountain of knowledge in this regard.


Your "lawyer" is also WRONG about the immigration route you're about to embark on.

The law changed on 09 July 2012, extending the length of time it takes to get to ILR to 5 years.

So, once you get the Fiancé Visa, your Partner comes to the UK and you get married.

Once you're married, you apply for a Further Leave to Remain (FLR(M)) visa, which is valid for 2.5 years.

At the end of that 2.5 years, you apply for a further FLR(M) visa. At the end of that visa (i.e. Partner has been here for 5 (five) years), then your Partner can apply for Indefinite Leave to Remain and, the second that ILR has been granted, your Partner is more than welcome to apply for Citizenship, as they will have been in the UK for the requisite 3 years as your spouse, as indicated by the rules for Naturalisation.
 

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Unfortunately, you've been misinformed. Your lawyer is wrong. Since July 2012 it takes 5 years on a spouse visa before you can apply for ILR. In your case after the fiancé visa once married you apply for FLR (M) which is good for 2 1/2 years after which you renew it for another 2 1/2 years. After 5 years and passing the Life In the UK test she can apply for ILR. The requirement for citizenship is that you have lived in the UK on a spouse visa for 3 years AND you have ILR. Your lawyer seems to be a little mixed up.
 

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Discussion Starter · #4 ·
Thank you so much WestCoast and nyclon.. genuinely thank you!

When I looked into the Citizenship rules on .gov it clearly stated you needed 3 years and ILR.. ILR which cant be obtained until after the 5 years. The lawyer seemed adamant this was not the case. We will definitely not be paying this £500 and taking your advice to follow the guidance from this community!

We have been looking into visas for some time and will hopefully be able to contribute a few things along the way :)

Thanks again guys
 

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Unless you have complications like refused visas, bad immigration history or criminal convictions you should be able to handle it yourself. The hardest part is gathering documents. Ask questions here and post a document checklist for us to critique when you're ready.
 

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Classic, another instance of a Lawyer believing they have a pre-ordained Right to the Law and charging the Earth for the 'Privilege'. This one should be reported to the Professional Body... for whatever good it will do!!!
 

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Just echoing the sentiments RE: the lawyer. That is a huge price for a relatively easy service. We were definitely ripped off- paid £600 for advice just because we had a very complicated Category B financial situation. Turns out, our lawyer had never handled a Category B case before, which we found out a few weeks before we were to submit our app. Shop around if you do feel like you need help but honestly, this forum should be able to answer most of your questions. I wish I had found it sooner in our application process.
 
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