Refugee partner's ILR & Citizenship

Hello everyone,

It has been 3 weeks already since I had submitted my passport back to VAC after receiving an email notifying me that they have overturned previous refusal for family reunion application, a week ago I have tried emailing them back for an update or to provide an approximate timeline at least but had no response so far, does anyone have any idea how long does it usually take in such circumstances ? is there anything els that could be done other than waiting indefinitly ? VAC had no clue at the time of submission and my initial thoughts was 3-4 working days max.

Im also wondering if other refusals could have an impact on this delay as I have made another application during appeal time attempting to correct records on previous refusal points but explanation made unfortunately weren't enough to convice them otherwise.

binji9186 wrote: ↑

Thu Oct 06, 2022 1:02 pm

Hello everyone,

It has been 3 weeks already since I had submitted my passport back to VAC after receiving an email notifying me that they have overturned previous refusal for family reunion application, a week ago I have tried emailing them back for an update or to provide an approximate timeline at least but had no response so far, does anyone have any idea how long does it usually take in such circumstances ? is there anything els that could be done other than waiting indefinitly ? VAC had no clue at the time of submission and my initial thoughts was 3-4 working days max.

Im also wondering if other refusals could have an impact on this delay as I have made another application during appeal time attempting to correct records on previous refusal points but explanation made unfortunately weren't enough to convice them otherwise.

I'm sure you have an application tracking number. Use that.
Sounds like you made this application outside of the UK, so it's never that simple as 3-4 days. Passport would most likely have been sent back to the UK. Processed here and sent back to your local VAC. Only then might you get a text message that you can come pick up.

You just have to be patient, everything is slow these days.

Ticktack wrote: ↑

Thu Oct 06, 2022 2:13 pm

binji9186 wrote: ↑

Thu Oct 06, 2022 1:02 pm

Hello everyone,

It has been 3 weeks already since I had submitted my passport back to VAC after receiving an email notifying me that they have overturned previous refusal for family reunion application, a week ago I have tried emailing them back for an update or to provide an approximate timeline at least but had no response so far, does anyone have any idea how long does it usually take in such circumstances ? is there anything els that could be done other than waiting indefinitly ? VAC had no clue at the time of submission and my initial thoughts was 3-4 working days max.

Im also wondering if other refusals could have an impact on this delay as I have made another application during appeal time attempting to correct records on previous refusal points but explanation made unfortunately weren't enough to convice them otherwise.

I'm sure you have an application tracking number. Use that.
Sounds like you made this application outside of the UK, so it's never that simple as 3-4 days. Passport would most likely have been sent back to the UK. Processed here and sent back to your local VAC. Only then might you get a text message that you can come pick up.

You just have to be patient, everything is slow these days.

Thanks for your reply, Yes of course I do have an application number and if you mean quoting it when emailing home office then yes I did but still no response. I thought it will only be sent to local british embassy which will be in contact with UK offices and that usually explain past experiences with only few days processing time, my partner and I concidering speaking with local MP but we are not sure when as there is no known timescale.

Hi all,

I have some confusion as to when and under which route is the best to apply for ILR and citizenship for myself going forward.

My partner arrived in UK 10th of January 2019 and was granted refugee status December 2020, she's currently on leave to remain until December 2024, I applied for family reunion in 2021 but still havent been processed an entry clearance yet due to lengthy appeal process as I was refused previously, in addition to pandemic and ukrainain crisis related delays. As I have resubmitted my passport after decision overturn for over a month ago now Im hoping its going to be processed very soon or perhapse very likely before christmas if it takes a bit longer.

Assuming she meets all eligibility rules for ILR and citizenship herself at the time of the applications, As I understand partner's of refugees are eligible for leave in line with their sponsor, does that mean that I should apply for ILR at the same time she applies for her ILR? if not when should I do? what documents do I need on my application?

In terms of citizinship, given that I will most probably not satisfy the 5 years residency rule by the time she applies for her citizenship, can she still include me in her application or should I wait for her application to go through then apply?

binji9186 wrote: ↑

Tue Oct 25, 2022 12:51 pm

Assuming she meets all eligibility rules for ILR and citizenship herself at the time of the applications, As I understand partner's of refugees are eligible for leave in line with their sponsor, does that mean that I should apply for ILR at the same time she applies for her ILR?

Yes.

Family reunion: for refugees and those with humanitarian protection wrote:(Page 29)
Applications for family reunion that meet the relevant requirements of the Immigration Rules will be granted leave in line with the sponsor, but they will not be granted refugee status. This is because an assessment as to whether a person is a refugee is an individual assessment. The family member will be granted the same duration of leave that the sponsor has remaining so that their leave will expire at the same time as the sponsor’s leave expires. If the sponsor has indefinite leave to remain (ILR) and refugee or humanitarian protection status, family members will be granted ILR in line but not status in line.

binji9186 wrote: ↑

Tue Oct 25, 2022 12:51 pm

In terms of citizinship, given that I will most probably not satisfy the 5 years residency rule by the time she applies for her citizenship, can she still include me in her application or should I wait for her application to go through then apply?

You will need to meet the requirements for citizenship in your own right, either after residing in the UK for at least five years or, after your wife is granted British citizenship (i.e. on or after the date of her citizenship ceremony), having resided in the UK for at least three years.

secret.simon wrote: ↑

Tue Oct 25, 2022 2:10 pm

binji9186 wrote: ↑

Tue Oct 25, 2022 12:51 pm

Assuming she meets all eligibility rules for ILR and citizenship herself at the time of the applications, As I understand partner's of refugees are eligible for leave in line with their sponsor, does that mean that I should apply for ILR at the same time she applies for her ILR?

Yes.

Family reunion: for refugees and those with humanitarian protection wrote:(Page 29)
Applications for family reunion that meet the relevant requirements of the Immigration Rules will be granted leave in line with the sponsor, but they will not be granted refugee status. This is because an assessment as to whether a person is a refugee is an individual assessment. The family member will be granted the same duration of leave that the sponsor has remaining so that their leave will expire at the same time as the sponsor’s leave expires. If the sponsor has indefinite leave to remain (ILR) and refugee or humanitarian protection status, family members will be granted ILR in line but not status in line.

binji9186 wrote: ↑

Tue Oct 25, 2022 12:51 pm

In terms of citizinship, given that I will most probably not satisfy the 5 years residency rule by the time she applies for her citizenship, can she still include me in her application or should I wait for her application to go through then apply?

You will need to meet the requirements for citizenship in your own right, either after residing in the UK for at least five years or, after your wife is granted British citizenship (i.e. on or after the date of her citizenship ceremony), having resided in the UK for at least three years.

sorry for the silly question but just for clarification does ''ILR in line but not status in line'' means having ILR status but not refugee status or does it mean something els?

binji9186 wrote: ↑

Tue Oct 25, 2022 6:44 pm

does ''ILR in line but not status in line'' means having ILR status but not refugee status

That is my understanding.