ILR for Post Flight spouse of refugee

[Joha]

Dear All!

I need your help. Recently I applied for Settlement under Protection Route with my wife and son as dependents. Me and my son were granted ILR with my wife being granted further leave to remain for 3 years.

I had refugee status since Feb 2008. My wife had student visa granted in Sep 2010 to study in UK. We got married in Dec 2010 and applied for her visa status to be changed in Jun 2011. She was granted leave to remain in UK until Feb 2013. This is the date when I should appluf to Settlement under protection route as my leave to remain as refugee finishes on the same date.

I wonder why my wife was not granted ILR? Could she apply for ILR now? Could she apply for ILR when I get British Citizenship fullfilling the 2 year residence rule?

[vinny]

I think that they expect discretionary leave holders under Article 8 to complete a period of at least six years before being eligible for ILR.

Unfortunately, 284(a)(i)(f) isn't applicable as she wasn't admitted under 319L.

However, see also Post flight spouses of refugees. Perhaps 281, 284 and 287 should have been extended to include post flight spouses who switched in-country, rather than being admitted under 319L?

[Obie]

That post seems really old.

Perhaps it may serve for informative purpose .

[vinny]

Oops. I didn't notice the date. I thought it came up when I clicked "view new posts"!