Advice please!

[BigDiv]

New to forum but be assured I have searched for answer to my question, to no avail.

I am UK citizen from birth. I recently married (in the UK) my partner with whom I have a proven >10yr relationship of which 3.5yrs of that has been in the UK.

My spouse won 5yr leave to remain on refugee status (granted b4 we married) and has approx 3 yrs of that left.

The goal is ILR for my partner - what route should we pursue to get this which does NOT involve my partner leaving the UK and trying to get back in. As a refugee it obviously had to be proven that returning home was unsafe - therefore that’s not possible.

Thanks in advance

[secret.simon]

As a refugee it obviously had to be proven that returning home was unsafe - therefore that’s not possible.

Can you expand on this sentence? Why is it impossible to prove that returning home is unsafe?

In any case, even if your spouse were to switch to a spousal visa, it would be a further five years to ILR after the first grant of a spousal visa.

[AmazonianX]

New to forum but be assured I have searched for answer to my question, to no avail.

I am UK citizen from birth. I recently married (in the UK) my partner with whom I have a proven >10yr relationship of which 3.5yrs of that has been in the UK.

My spouse won 5yr leave to remain on refugee status (granted b4 we married) and has approx 3 yrs of that left.

The goal is ILR for my partner - what route should we pursue to get this which does NOT involve my partner leaving the UK and trying to get back in. As a refugee it obviously had to be proven that returning home was unsafe - therefore that’s not possible.

Thanks in advance

She is already on 5years visa and spent 2years already. Are there reasons why seeking a route towards ILR? Will the current leave not result in same ( I don't know so asking genuinely help Mods, Secret Simon, CR001 and host of others)

[CR001]

There is no shortcut route to ILR. If she switches within the UK to a spouse visa(she doesn't have to leave to do this so unclear why you think she does), her ilr clock resets to a new 5 Year period which will be 2 x 2.5 year visas before she can apply for ilr.

There are also more requirements to be met for a spouse visa and ilr than she has to meet with 5 Year refugee status and ilr through that route

[BigDiv]

Can you expand on this sentence? Why is it impossible to prove that returning home is unsafe?

In any case, even if your spouse were to switch to a spousal visa, it would be a further five years to ILR after the first grant of a spousal visa.

OK - refugee status is granted on the basis that returning to the home country would result in you being in danger. That has already been accepted by the HO.

A condition of refugee status is that you do not visit your home country.

If you then visit your home country (e.g to apply for a fiancé or spouse visa) then you’re effectively saying there’s no danger and your refugee status will be revoked.

I’m simply asking what’s the quickest, cheapest, and least onerous route to ILR for someone in this situation.

My understanding is that Refugee status does not guarantee ILR after 5yrs and if the HO decides that the home country is not now dangerous, the refugee status can be withdrawn and ultimately you could be deported

On the other hand, is it not the case that being married to a UK Citizen and having been living in the UK for what will be 7yrs by that point, is likely to be a more certain route to ILR?

[BigDiv]

She is already on 5years visa and spent 2years already. Are there reasons why seeking a route towards ILR? Will the current leave not result in same ( I don't know so asking genuinely help Mods, Secret Simon, CR001 and host of others)

Well I don’t know whether the current refugee status will lead to ILR or not, that’s why I’m asking what’s the best route. It’s simply impossible to get a straight answer from the HO you know - their speciality is smoke and mirrors

[CR001]

Refugee route leads to ILR on form set P after 5 years, provided all circumstances of the claim are still the same.

All routes to ILR have requirements that must be met. There is no "easy" route.

[BigDiv]

I’m clearly not making myself clear here - I’m not looking for an *easy* route, I’m looking for the most reliable and cheapest.

Supposing at the end of 5yrs the HO simply asserts that the home country is no longer dangerous - what then?

There’s no point paying an immigration lawyer to get a definitive answer - believe me I’ve tried - all you get are ifs, buts and caveats

[CR001]

No one, not even UKVI, can guarantee or give a definitive answer on the grant of ilr on any route. It is up to the applicant to meet the relevant requirements of their route they are on.

Refugee route is the cheapest as there is no ILR fee, no English or life in the uk test requirement. It is rare for SET P applications to be refused for ILR.

A spouse visa will cost, at current rates/fees, 2 x £1033 visa fees and 2 x £1560 immigration health surcharge fees for 2 x applications of 2.5 years each.

Indefinite leave to remain on a spouse visa currently costs £2389 for standard service and she would need English B1 from a ukvi approved test provider and the life in the uk test plus meet all the standard requirements of the spuusr visa rules.

[BigDiv]

Great - that’s exactly what I wanted to know