Muldoon Britton Immigration were recently successful in securing limited leave to remain on the 5-year parent route for a returning client, who was residing in the UK with limited leave to enter as a spouse.

Our client contacted us to let us know about the breakdown of their marriage, and asked for advice on what they could do, if they wished to remain in the UK. Our client had had a child born in the UK since they entered on their initial family visa, which was granted to them on the basis of their marriage to a British Citizen. Muldoon Britton Immigration advised the client that migrants living in the UK are obligated to notify UK Visas & Immigration (‘UKVI’) about a breakdown of their relationship, if they have existing leave granted on that basis. Our client notified UKVI of their marital breakdown, and UKVI subsequently curtailed our client’s leave, giving them 60 days to either leave the UK, or make an application for limited leave to remain.

Our client subsequently instructed us to assist them with preparing and submitting an application for limited leave to remain on the parent route, which was complicated by the fact that the client and their estranged spouse had not legally divorced, and no court orders had been made in relation to the child. With our guidance, our client was able to collate the documents needed to satisfy the Immigration Rules for eligible parents wishing to remain in the UK.

Using the super priority service, our client received a positive outcome on their application on the next working day after their biometrics appointment, and were granted leave on the 5-year route to settlement as a parent.