Automatic ILR

clarky500 · Post by **clarky500** » Wed Jan 16, 2008 12:53 pm

paulp wrote:Clarky,

You've hit the nail on the head, the BHC made a mishmash of it. The "D: Settlement" does hint at ILE but without the actual words/letters, it is very ambiguous.

Can't you get a fax/letter from the BHC to confirm the type of visa that your wife has been given?

Exactly, If BIA don't know how am I supposed to know? I have sent a copy of the visa and asked for clarification of status but as yet have not received a reply

paulp · Post by **paulp** » Wed Jan 16, 2008 12:56 pm

clarky500 wrote:Exactly, If BIA don't know how am I supposed to know? I have sent a copy of the visa and asked for clarification of status but as yet have not received a reply

Did you ask BIA or the British Embassy in the Dominican Republic? It should be the latter as they're the ones who issued the visa.

sakura · Post by **sakura** » Wed Jan 16, 2008 1:03 pm

paulp wrote:
sakura wrote:She is not entitled to ILE!!!!! That is the point I am making. She doesn't qualify...you have not been living outside the UK for more than 4 years as either married partners or unmarried partners, right? So how does she qualify?
Sakura, there are people who have been given ILE at BHCs abroad without qualifying for it. The visas are entirely valid as it's what's been granted.

Yes there are, obviously, but having seen the visa myself, I don't see anything about ILE and don't see how it is an ILE visa and not just a settlement visa.

Contact the embassy then....

clarky500 · Post by **clarky500** » Wed Jan 16, 2008 1:06 pm

BIA, It is really hard to get hold of the Embassy in Santo Domingo, I'll try to contact them today

SYH · Post by **SYH** » Wed Jan 16, 2008 1:07 pm

sakura wrote:
paulp wrote:
sakura wrote:She is not entitled to ILE!!!!! That is the point I am making. She doesn't qualify...you have not been living outside the UK for more than 4 years as either married partners or unmarried partners, right? So how does she qualify?
Sakura, there are people who have been given ILE at BHCs abroad without qualifying for it. The visas are entirely valid as it's what's been granted.
Yes there are, obviously, but having seen the visa myself, I don't see anything about ILE and don't see how it is an ILE visa and not just a settlement visa.

Contact the embassy then....

But isn't an ILE a type of settlement visa?

clarky500 · Post by **clarky500** » Wed Jan 16, 2008 1:07 pm

sakura wrote:
paulp wrote:
sakura wrote:She is not entitled to ILE!!!!! That is the point I am making. She doesn't qualify...you have not been living outside the UK for more than 4 years as either married partners or unmarried partners, right? So how does she qualify?
Sakura, there are people who have been given ILE at BHCs abroad without qualifying for it. The visas are entirely valid as it's what's been granted.
Yes there are, obviously, but having seen the visa myself, I don't see anything about ILE and don't see how it is an ILE visa and not just a settlement visa.

Contact the embassy then....

Sakura, this is the whole point of my posts, it doesn't say ANYTHING it is completely ambiguous.

clarky500 · Post by **clarky500** » Wed Jan 16, 2008 1:08 pm

did you see my post about living abroad? Does this make a difference in your opinion?

SYH · Post by **SYH** » Wed Jan 16, 2008 1:10 pm

sakura wrote: She does not have ILR if the visa she was issued with has an expiry date. The two years for the visa is certainly a spouse visa. She does not have recourse to public funds on a spouse visa...doesn't matter what anyone else says or what is/isn't written on her visa (although it is unusual).

An ILR vignette is far more obvious and would not have an expiry date.

Hold on, ILE's do have an expiration date as to when she must enter by. If she enters by the expiration date, then it become ILR so just because there is an expiration date, does not make it a spouse visa.
from what I can tell, she does indeed have a settlement visa which was ILE and is now ILR

clarky500 · Post by **clarky500** » Wed Jan 16, 2008 1:18 pm

SYH wrote:
sakura wrote: She does not have ILR if the visa she was issued with has an expiry date. The two years for the visa is certainly a spouse visa. She does not have recourse to public funds on a spouse visa...doesn't matter what anyone else says or what is/isn't written on her visa (although it is unusual).

An ILR vignette is far more obvious and would not have an expiry date.
Hold on, ILE's do have an expiration date as to when she must enter by. If she enters by the expiration date, then it become ILR so just because there is an expiration date, does not make it a spouse visa.
from what I can tell, she does indeed have a settlement visa which was ILE and is now ILR

Thank you, sorry to have been a pain but this is ridiculously confusing and unclear

sakura · Post by **sakura** » Wed Jan 16, 2008 1:22 pm

clarky500 wrote:
sakura wrote:
paulp wrote:
sakura wrote:She is not entitled to ILE!!!!! That is the point I am making. She doesn't qualify...you have not been living outside the UK for more than 4 years as either married partners or unmarried partners, right? So how does she qualify?
Sakura, there are people who have been given ILE at BHCs abroad without qualifying for it. The visas are entirely valid as it's what's been granted.
Yes there are, obviously, but having seen the visa myself, I don't see anything about ILE and don't see how it is an ILE visa and not just a settlement visa.

Contact the embassy then....
Sakura, this is the whole point of my posts, it doesn't say ANYTHING it is completely ambiguous.

Yes I know that.

SYH...I had thought that the ILE visa would be longer than two years, ie the validity of the passport...I guess it depends, then.

Look here: http://www.immigrationboards.com/viewto ... expiration

Seems this might be the same situation with the OP.

SYH · Post by **SYH** » Wed Jan 16, 2008 1:34 pm

sakura wrote: SYH...I had thought that the ILE visa would be longer than two years, ie the validity of the passport...I guess it depends, then.

Look here: http://www.immigrationboards.com/viewto ... expiration

Seems this might be the same situation with the OP.

YEAH I can see how this is confusing, but the OP is not being helpful either (not intentionally) just that he can't seem to provide any insightful definitive info like a letter that was issued with the visa perhaps.
When I read that other thread it make me think its an LLR because of the 2 years vs the 6 months but I think that one they gave them the wrong window of time to activate the visa.
Anyway, you have my take on it. He should settle it with the consulate that issued the visa. People need to be more involved in their visa process and ask questions as to what they got and what it means. we shouldn't have to sort it for him.

paulp · Post by **paulp** » Wed Jan 16, 2008 1:35 pm

sakura wrote:Yes I know that.

SYH...I had thought that the ILE visa would be longer than two years, ie the validity of the passport...I guess it depends, then.

Look here: http://www.immigrationboards.com/viewto ... expiration

Seems this might be the same situation with the OP.

Did you mean shorter instead of longer? The "valid to" date is usually shorter than 2 years for ILE, so this makes it doubly confusing.

sakura · Post by **sakura** » Wed Jan 16, 2008 1:39 pm

paulp wrote:
sakura wrote:Yes I know that.

SYH...I had thought that the ILE visa would be longer than two years, ie the validity of the passport...I guess it depends, then.

Look here: http://www.immigrationboards.com/viewto ... expiration

Seems this might be the same situation with the OP.
Did you mean shorter instead of longer? The "valid to" date is usually shorter than 2 years for ILE, so this makes it doubly confusing.

I think I've confused myself and everyone else!

clarky500 · Post by **clarky500** » Wed Jan 16, 2008 1:43 pm

Syh, I appreciate your help. my wife didn't get any advice from the consul about what she needed to do next. IE ILR etc.

clarky500 · Post by **clarky500** » Wed Jan 16, 2008 1:43 pm

So is the general consensus that she indeed has ILE/ILR????

SYH · Post by **SYH** » Wed Jan 16, 2008 1:44 pm

clarky500 wrote:Syh, I appreciate your help. my wife didn't get any advice from the consul about what she needed to do next. IE ILR etc.

and she didn't ask, so that's her fault

clarky500 · Post by **clarky500** » Wed Jan 16, 2008 1:57 pm

paulp · Post by **paulp** » Wed Jan 16, 2008 2:03 pm

clarky500 wrote:So is the general consensus that she indeed has ILE/ILR????

Clarky, it's difficult to infer anything from what's written on the visa. I think that many people would err on the side of caution and take it as a spouse visa.

If your wife is travelling before she naturalises in a year's time, she may encounter trouble, either with immigration officers or airline personnel. She may also have trouble when she applies for naturalisation.

I think you need an official letter from the Embassy that issued the visa to clarify what it really is.

Wanderer · Post by **Wanderer** » Wed Jan 16, 2008 2:06 pm

paulp wrote:
clarky500 wrote:So is the general consensus that she indeed has ILE/ILR????
Clarky, it's difficult to infer anything from what's written on the visa. I think that many people would err on the side of caution and take it as a spouse visa.

If your wife is travelling before she naturalises in a year's time, she may encounter trouble, either with immigration officers or airline personnel. She may also have trouble when she applies for naturalisation.

I think you need an official letter from the Embassy that issued the visa to clarify what it really is.

I agree, get something in writing from HO/BIA, pls, pls don't go off what they say on the phone, others have suffered with that, and the end result could be catastrophic!

clarky500 · Post by **clarky500** » Wed Jan 16, 2008 2:07 pm

Paulp Thanks, I have sent an email asking for clarification. I'll post the outcome.

Thanks again

clarky500 · Post by **clarky500** » Wed Jan 16, 2008 2:08 pm

She does have an appointment for ILR on the 30th, so in the worst case it will cost me Â£950 to find out, but at least I will get the opportunity to argue the point.

paulp · Post by **paulp** » Wed Jan 16, 2008 5:55 pm

clarky500 wrote:Paulp Thanks, I have sent an email asking for clarification. I'll post the outcome.

Thanks again

Great, get them to attone for the botched job they did (if they meant ILE) .

VictoriaS · Post by **VictoriaS** » Wed Jan 16, 2008 6:08 pm

My guess is based on the following evidence....

1) The visa was issued with an expiry date two years after the date of issue

2) The applicant and sponsor had not been married for four years or provided documentary evidence of cohabitation for four years prior to application

3) The application is a type D settlement visa without ILE endorsed....

I am very sure this is a two year settlement visa, and NOT ILE. So, she will have to apply for ILR at your appointment.

Victoria

clarky500 · Post by **clarky500** » Wed Jan 16, 2008 6:43 pm

Victoria, we were together for 3 years before she aplied for her visa, I think that at the time 2 years proof of cohabiting was required, which we supplied.

The only reason I posted here was because I rang the BIA to rearrange her appointment for ILR, the person I spoke to asked me to read the visa details and said that they thought she already had ILE/ILR status even though it didn't explicitly state so on the visa, reinforced in his mind by the fact that there is no remark about no recourse to public funds

Confusing

VictoriaS · Post by **VictoriaS** » Wed Jan 16, 2008 6:49 pm

clarky500 wrote:Victoria, we were together for 3 years before she aplied for her visa, I think that at the time 2 years proof of cohabiting was required, which we supplied.

I am very sure that it has been 4 years for at least the past 2 years, and actually I think longer.

My opinion remains the same.

Victoria

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Automatic ILR