Really need some help please....

Hi all, the first time I`m posting on the forum as needs must! But would be grateful for any help and advice.

The story begins with myself (I`m a British Citizen) and my girlfriend (Mauritian national) who have been together for almost 3 years now and looking to get married in the next year. My girlfriend has been living in this country since she was 2 or 3 years old (She is 29 now), however it seems for some reason, her parents never naturalised her or obtained a British passport for some reason. She only has a Mauritian passport and has only ever travelled outside of the Uk to Mauritius.

2 years ago, as her parents didn`t approve of our relationship, she left home and we have been living together since. She recently managed to get hold of her passport which her parents kept hold of, that currently has a stamp for indefinite leave to remain (she was previously married but now divorced - with a child born in the UK).

Only problem is that her passport has expired in 2005, and I`m worried that this will create problems. She is in the process of applying for a new passport, but the Mauritian Embassy are frankly taking the pi$$ with her application, as they have requested a letter from the HO to confirm she has not been naturalised which we have been waiting for over 6 months for. Not even sure why they need this as it isn`t even one of the documents in their application form!!

I really need to know what her options are in terms of her legally being in this country [as I believe the passport expiry makes the ILR stamp non-valid] taking into consideration, the duration of her stay here since birth more or less, the fact she has a child here, we are soon to be engaged and looking to marry etc.

Thanks for any advice.

Usually, ILR expires if the holder doesn't not maintain ties with the UK, usually meaning after two years.

When was the passport with ILR last used, ie in the UK?

Wanderer wrote:Usually, ILR expires if the holder doesn't not maintain ties with the UK, usually meaning after two years.

When was the passport with ILR last used, ie in the UK?

Hi thanks for responding. Last time her passport was used was when she went to mauritius for a month I think. This was about 6 or 7 years ago. She has maintained ties with the UK in terms of her daily life, work etc. if that's what you mean?

Sal1978 wrote:

Wanderer wrote:Usually, ILR expires if the holder doesn't not maintain ties with the UK, usually meaning after two years.

When was the passport with ILR last used, ie in the UK?

Hi thanks for responding. Last time her passport was used was when she went to mauritius for a month I think. This was about 6 or 7 years ago. She has maintained ties with the UK in terms of her daily life, work etc. if that's what you mean?

Sorry, I read it wrong, my fault. She should simply apply for citizenship now, either when she get her new passport enclosing both, or just send the expired one, I can't how it matters if its not current - doesnt seem to say on UKBA pages...

Wait for others tho!

Yeah, I would cancel the attempt at getting her a new mauritian passport and go for naturalisation instead, she has a valid ILR, so the validitiy of her mauritian passport isn't important.

andyb123 wrote:Yeah, I would cancel the attempt at getting her a new mauritian passport and go for naturalisation instead, she has a valid ILR, so the validitiy of her mauritian passport isn't important.

Apparently the fact that her passport has expired means that her ILR stamp is no longer valid. Can anyone confirm? Thanks.

according to who?

ILR = INDEFINITE leave to remain

http://www.bia.homeoffice.gov.uk/ukresi ... opassport/

you can transfer the ILR to a new passport, or you can carry both passports,
the ILR itself never expires