SET (Protection) ILR and Spouse of EU citizen

[ariskar]

Hello guys. I am a dual EU and British Citizen and my wife has 5 year refugee leave to remain that expires soon. We have a UK born son who is also (automatically under 1.1) BC.

1. Would from your experience the family status (spouse and child BC) impact my wife's settlement (ILR) application?

2. She intends to apply for naturalisation based on marriage 3y route, 6(2) of the British Nationality Act 1981, immediately upon receiving ILR. Is it a bad idea for her doing the life in the UK test and SELT B1 before applying/obtaining ILR through SET(P)?

3. Would the fact that spouse and child are BC living in UK derive rights to private/family life under Article 8 of the European Convention on Human Rights in the case of a refusal?

4. In case of refusal of settlement would you recommend applying for extension of time limited refugee leave, or FLR(M) leading to SET(LR) 10-year route under UK spouse law? (wife has been in the UK since 2012 - 6 years).

5. My wife had some long absences from the UK during the first 2 years of the refugee leave, but didn't break 339R rules (no return to country where she got protection from, no other passport obtained). If refugee leave extension is granted instead of ILR due to her absences, when she could apply for SET(P) again?

6. I still hold PR status in UK under my EU nationality, regardless of the fact that I naturalized as BC in the meantime. Could I possibly get the new "settled" status {replacing EEA(PR)} for my spouse under EU law, if she has been lawfully in uk on time limited refugee leave to remain?

7. Is there any way to avoid being my wife and family being stranded to the UK while SET(P) is considered, I recon from this post it takes a long time to process...

8. Would you advise using a solicitor to make the application?

9. Is there anything we can do to expedite this type of settlement application? (cost is not an issue)

I apologize if a lot of these questions are fairly basic, I am not familiar with this section of the immigration law. Many thanks and all the best to those waiting for outcomes!

[CR001]

I have split your post due to the length and varied questions you have asked.

1. Would from your experience the family status (spouse and child BC) impact my wife's settlement (ILR) application?

No impact.

2. She intends to apply for naturalisation based on marriage 3y route, 6(2) of the British Nationality Act 1981, immediately upon receiving ILR. Is it a bad idea for her doing the life in the UK test and SELT B1 before applying/obtaining ILR through SET(P)?

She can do the test at any time. She must meet the 3 year residence requirements for a 6(2) application, including the absence limit and being physically present 3 years immediately preceding the date of application.

3. Would the fact that spouse and child are BC living in UK derive rights to private/family life under Article 8 of the European Convention on Human Rights in the case of a refusal?

Probably yes.

4. In case of refusal of settlement would you recommend applying for extension of time limited refugee leave, or FLR(M) leading to SET(LR) 10-year route under UK spouse law? (wife has been in the UK since 2012 - 6 years).

Either.

5. My wife had some long absences from the UK during the first 2 years of the refugee leave, but didn't break 339R rules (no return to country where she got protection from, no other passport obtained). If refugee leave extension is granted instead of ILR due to her absences, when she could apply for SET(P) again?

How long are the absences each?

6. I still hold PR status in UK under my EU nationality, regardless of the fact that I naturalized as BC in the meantime. Could I possibly get the new "settled" status {replacing EEA(PR)} for my spouse under EU law, if she has been lawfully in uk on time limited refugee leave to remain?

Unlikely. She should apply based on her current immigration status.

7. Is there any way to avoid being my wife and family being stranded to the UK while SET(P) is considered, I recon from this post it takes a long time to process...

No. Set(P) is postal only. Recent members have reported approvals in 3-5 months.

8. Would you advise using a solicitor to make the application?

Your choice.
9. Is there anything we can do to expedite this type of settlement application? (cost is not an issue)

[ariskar]

2. She intends to apply for naturalisation based on marriage 3y route, 6(2) of the British Nationality Act 1981, immediately upon receiving ILR. Is it a bad idea for her doing the life in the UK test and SELT B1 before applying/obtaining ILR through SET(P)?

She can do the test at any time. She must meet the 3 year residence requirements for a 6(2) application, including the absence limit and being physically present 3 years immediately preceding the date of application.

By that time she would as the absences were during the first two years of her limited leave to remain.

5. My wife had some long absences from the UK during the first 2 years of the refugee leave, but didn't break 339R rules (no return to country where she got protection from, no other passport obtained). If refugee leave extension is granted instead of ILR due to her absences, when she could apply for SET(P) again?

How long are the absences each?

1st year of refugee 5 year leave: total 8/12 months absent, but none was more than 3 months as she returned to UK between absences. Second year, about 6/12 months, with no absence exceeding 3 months either. She has been to visa-free EU countries with her Convention travel document.

Thank you CR001!