ILR request or not?

Hello all,
I was granted ILR in December 2013 by Older Live Case Unit (OLCU) as legacy case claimed before March 2007,my unmarried partner was given refugee leave in April 2012 together with two kids(born in June 2010 and July 2012 they were all born in the UK), we have lived together since September 2011( before she was granted refugee status). We've already lived together more than two years, we've had joint HB,council tax, child tax credit water bill and working tax. My enquiries are:

1. Can my parter apply for ILR right now based on my status ( under unmarried partner category) or should wait for her finish 5 years refugee leave?
2. Can I register british citizenship for two kids now( regardless what kind of leave they have at the moment)?

I do appreciate if anyone could me some advice! THANK YOU!!!

1. If not under the Gateway Protection Programme then it's a 5 year wait,
2. Yes, if they're your children, on MN1 by virtue of section 1(3) BNA.

Amber_ wrote:1. If not under the Gateway Protection Programme then it's a 5 year wait,
2. Yes, if they're your children, on MN1 by virtue of section 1(3) BNA.

Thank you for your advice!
1. Yes, I think she is under gateway protection programme, refugee leave (will expire in 2017)
2. They are my children.

If she's under the GPP she should be able to settle straight away. You need to confirm that.

Amber_ wrote:If she's under the GPP she should be able to settle straight away. You need to confirm that.

Thank u! I will confirm that before go any further.
One more question, when can I be naturalised as British citizen? Is it 12 months immigration period after granting ILR (I was granted ILR in December 2013?

There is added discretion to apply earlier in legacy cases, see Annex B to Chapter 18 (click).

Amber wrote:There is added discretion to apply earlier in legacy cases, see Annex B to Chapter 18 (click).

Hello Amber ,


I came in Uk in 2009 as student ( Tier 4). I have done IELTS ( Score 6.0) in 2009.
My IELTS has been expired in 2011

I got married in 2012 and My wife is British Citizen .
I needed A1 English test to apply Spouse visa .

I did Toeic (ETS) in 2012 ( June)
I applied spouse visa in June 2012 as well.

and submitted (Speaking part along with a cover letter that i didn't get reading part's result ) to HO

After a while I submitted Reading part .

In October 2012 I have done another English Course ( A1) from Trinity College and send to Home office

After a week I got my BRP with Approval letter.


Now I already applied for ILR with SET(M) form on 2nd October 2014.

I submitted old A1(With distinction ) , New B1 ESOL (with distinction )from Trinity College and expired IELTS (Score 6.0) (which i have done in 2009 and expired in 2011).

SET(M) Update after apply:

I got Acknowledgement letter on 8th oct 2014
Bio metric appointment letter dated 17th oct 2014
Im waiting for respond from Home office .
I called today and they said still in process


Someone told me they will hold my application for ETS.. Im a bit worried now .


Note: My spouse visa is under old rule.
TOEIC was not genuine

I would be very great full if you reply me .

Thank you ever so much.x