Spouse ILR

Bilawals · Post by **Bilawals** » Mon Sep 07, 2020 1:43 pm

Hi I would like to explain my situation a bit before asking my question.
I have a refugee ILR based on the Long residence route. Whilst I was on my refugee status my partner was given a BRP with leave to remain and she was present in the UK and on the basis of a family reunion (as we were in a relationship before being granted refugee status). Now her BRP expires in 2022 and I am in the process of applying for naturalization. Can I apply for her ILR on the basis that I have an ILR and we have been in a civil partnership for more than 5 years? or do we have to wait till her visa expires and if that so then what visa will she apply for? I am also thinking that the current BRP she was given to her on the basis that she is a spouse of a refugee but since my circumstances have changed will her BRP be still valid if she holds on to it?

Thank you.

Post by **CULLINAN** » Mon Sep 07, 2020 2:08 pm

If I understood your question correctly, your partner has limited leave to remain via family reunion. She must stay on the same route for 5 years from the date initial leave to remain was granted to be able to apply for ILR.

What is the date when her initial visa was granted?

You can apply your naturalisation after you have held ILR for minimum 12 months and meet ALL the other requirements for AN application.
You becoming a British Citizen will have no impact on her ILR, as she has to complete the 5 years continuous residency before applying for her ILR.

Post by **CULLINAN** » Mon Sep 07, 2020 2:16 pm

Wait, I just noticed you got your ILR via LR but were on a refugee status before. In that case, I am unclear if your wife can still carry on the same family reunion or have to switch into a spouse visa. Wait for moderators to respond.

seagul · Post by **seagul** » Mon Sep 07, 2020 2:20 pm

Bilawals wrote: ↑
Mon Sep 07, 2020 1:43 pm
Hi I would like to explain my situation a bit before asking my question.
I have a refugee ILR based on the Long residence route. Whilst I was on my refugee status my partner was given a BRP with leave to remain and she was present in the UK and on the basis of a family reunion (as we were in a relationship before being granted refugee status). Now her BRP expires in 2022 and I am in the process of applying for naturalization. Can I apply for her ILR on the basis that I have an ILR and we have been in a civil partnership for more than 5 years? or do we have to wait till her visa expires and if that so then what visa will she apply for? I am also thinking that the current BRP she was given to her on the basis that she is a spouse of a refugee but since my circumstances have changed will her BRP be still valid if she holds on to it?

Thank you.

Whilst not full sure but maybe she will have to switch into one of the visa under family route.

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