ILE

shafina · Post by **shafina** » Fri Oct 07, 2011 8:51 am

Hi can anybody advise me pls. My husband was granted indefinite leave to enter to the U k in February. we d known each other two years but we had not lived in the same country together for four years. I wrote to Croydon regarding his visa status because I was told he was given the wrong visa and it should have been a spouse visa with no recourse to public funds. Are they able to revoke his visa from ILE to no recourse to public funds and how long should it take before I hear from them thankyou once again.Any other information would be much appreciated.

Post by **Lucapooka** » Fri Oct 07, 2011 10:13 am

Have you not had a reply? They should have informed you to send the passport for a replacement vignette. Write again to ask for an update as the timescale for a response is not normal. Meanwhile his current status is fine and you should not worry.

I realise you have already contacted the UKBA in the UK but it's often easier, in these cases, to email the ECM at the post where the visa was issued (do this first) and have them confirm the mistake, as then you are given a letter (email) to enclose with the passport when you send it to Croydon. Otherwise the people in Croydon have to contact the post themselves to check the details, and this can take some time (but not 8 months!)

shafina · Post by **shafina** » Fri Oct 07, 2011 10:37 am

Lucapooka wrote:Have you not had a reply? They should have informed you to send the passport for a replacement vignette. Write again to ask for an update as the timescale for a response is not normal. Meanwhile his current status is fine and you should not worry.

I realise you have already contacted the UKBA in the UK but it's often easier, in these cases, to email the ECM at the post where the visa was issued (do this first) and have them confirm the mistake, as then you are given a letter (email) to enclose with the passport when you send it to Croydon. Otherwise the people in Croydon have to contact the post themselves to check the details, and this can take some time (but not 8 months!)

no sorry i only contacted ukba last week andit was not the issuing embassy that contacted us or croydon. it was myself that contacted them regarding the ILE vignette because i was told from immigration forums he had been issued a wrong visa

when you say his current status is fine what do you mean
thanx again

Post by **Lucapooka** » Fri Oct 07, 2011 10:40 am

If I were you I would email the ECM where the visa was issued. Ask for advice on how to proceed. You should be a very quick response with details on where to send your passport. Where was the visa issued?

shafina · Post by **shafina** » Fri Oct 07, 2011 10:43 am

Lucapooka wrote:If I were you I would email the ECM where the visa was issued. Ask for advice on how to proceed. You should be a very quick response with details on where to send your passport. Where was the visa issued?

the visa was issued in rabat

can the ile be revoked

Post by **Lucapooka** » Fri Oct 07, 2011 10:48 am

shafina wrote:can the ile be revoked

That seems to be what you are asking for but it will a correction rather than a revocation; his right to live in the UK will not be in danger. It's clearly an incorrect endorsement and needs to be corrected so you are doing the right thing. If you were to ignore it (and you know it's incorrect only because you have been reading immigration forums, otherwise you would have no idea) it would, in any case, only have to be corrected at some later point.

Email the ECM in Rabat putting Urgent Vignette Endorsement Error in the subject field. Give all the details on the vignette so they can quickly identify your files.

rabat.visa@fco.gov.uk.

shafina · Post by **shafina** » Fri Oct 07, 2011 10:52 am

Lucapooka wrote:
shafina wrote:can the ile be revoked
That seems to be what you are asking for. It's clearly an incorrect endorsement and needs to be corrected so you are doing the right thing. If you were to ignore it (and you know it's incorrect only because you have been reading immigration forums, otherwise you would have no idea) it would, in any case, only have to be corrected at some later point.

Email the ECM in Rabat putting Urgent Vignette Endorsement error in the subject field. Give all the details on the vignette so they can quickly identify your files.

rabat.visa@fco.gov.uk.

so wat happens to his ile will it be revoked

Post by **Lucapooka** » Fri Oct 07, 2011 10:53 am

It will be corrected. He will then need to apply for SET(M) after two years of residence (which began last Feb).

shafina · Post by **shafina** » Fri Oct 07, 2011 11:01 am

Lucapooka wrote:It will be corrected. He will then need to apply for SET(M) after two years of residence (which began last Feb).

I was under the impression that
If he has been granted indefinite leave to enter they this is the leave he has. It sounds like it may be an administrative error but once indefinite leave has been granted it cannot be taken away unless the person obtained it by deception or commits a criminal offence to warrant his deportation. Therefore he does have recourse to public funds. If in doubt speak to an immigration solicitor.

Post by **vinny** » Fri Oct 07, 2011 11:13 am

It's the ECO's error. Suggestion: Write and ask them whether he now needs to apply for ILR, which is equivalent to the ILE that he already has. Enclose a photocpy of his visa. Quote paragraph 9 and ask them to take this into consideration. Get reply in writing.

shafina · Post by **shafina** » Fri Oct 07, 2011 11:25 am

vinny wrote:It's the ECO's error. Suggestion: Write and ask them whether he now needs to apply for ILR, which is equivalent to the ILE that he already has. Enclose a photocpy of his visa. Quote paragraph 9 and ask them to take this into consideration. Get reply in writing.

sorry to be a nuisance so does that mean his ile can be revoked even if it wasnt his fault

Post by **vinny** » Fri Oct 07, 2011 11:34 am

Do read paragraph 9 and Revocation of indefinite leave.

Keep copies of all correspondence.

shafina · Post by **shafina** » Fri Oct 07, 2011 11:36 am

vinny wrote:Do read paragraph 9.

Keep copies of all correspondence.

hi i have read paragraph 9 but it is not easy to understand what is being said thanx anyway

Post by **Casa** » Fri Oct 07, 2011 1:27 pm

The ECM has the right to re-issue the visa showing the correct residence status...which would be for an initial 2 year period, with no claim to Public Funds.
As you've asked the question several times, the simple answer is that the ILE can be revoked but he will be granted a visa for the 2 year probationary period he applied for and is entitled to.
If you claim Public Funds (benefits) on his present visa you will only face more serious problems later on when the UKBA system flags up the error.
Paragraph 9 = Your husband may also have a problem at UK Immigration (passport control) if he leaves and then re-enters the UK with his present (incorrect) visa.

shafina · Post by **shafina** » Fri Oct 07, 2011 2:23 pm

Casa wrote:The ECM has the right to re-issue the visa showing the correct residence status...which would be for an initial 2 year period, with no claim to Public Funds.
As you've asked the question several times, the simple answer is that the ILE can be revoked but he will be granted a visa for the 2 year probationary period he applied for and is entitled to.
If you claim Public Funds (benefits) on his present visa you will only face more serious problems later on when the UKBA system flags up the error.
Paragraph 9 = Your husband may also have a problem at UK Immigration (passport control) if he leaves and then re-enters the UK with his present (incorrect) visa.

we had no problems entering the uk at all at stanstead immigration either going or upon return

Post by **Casa** » Fri Oct 07, 2011 3:52 pm

You've done the right thing by notifying the UKBA of the error. It would undoubtedly be spotted at some point in the future as he has ILE without having complied with the KOL requirement.
I assume he intends to apply for British Citizenship?

Post by **Greenie** » Sat Oct 08, 2011 8:25 am

There is no power in law for indefinite leave to be revoked unless it was obtained by deception or where it is deemed conducive to the public good for the individual to be deported neither of which apply here.

There is also no power in law to grant limited leave to someone who has been granted indefinite leave even if that indefinite leave was granted erroneously. The two documents vinny has posted confirm this.

shafina · Post by **shafina** » Sun Oct 09, 2011 1:18 pm

Greenie wrote:There is no power in law for indefinite leave to be revoked unless it was obtained by deception or where it is deemed conducive to the public good for the individual to be deported neither of which apply here.

There is also no power in law to grant limited leave to someone who has been granted indefinite leave even if that indefinite leave was granted erroneously. The two documents vinny has posted confirm this.

Thanks greenie for your answer. I was worried about my husbands indefinite leave to be revoked even if it was given to him in error. due to all the conflicting information on this forum. I hope you are right and I will notify you of the outcome as soon as we hear from Croydon. thanx once again.

Post by **vinny** » Sat Dec 17, 2011 11:35 pm

shafina wrote:hi i wonder if somebody can help me. I sent my husbands back to ukba last week doe to a wrong error on his visa. he was given indefionte leave to enter when he arrived from morocca. I was told to contact ukba to have the error rectified. I recieved a letter from ukba yesterday. the laetter states that the visa cannot be rectified as it was issud in error. they have now changed the visa to residence permit. indefinite settlement. and no time limit on holders stay in uk.. i contacted ukba to ask if my husband needs to do life in uk test and if he is allowed to claim public funds. a gentlen called steven said the investigation department will call me next week as croyden have issued wrong visa. and we will have to return his passport for it to be changed, can anybody advise if the can take his residence permit away from him and if he needs to do kol test and if he can claim public funds. thankyou.

Post by **vinny** » Sat Dec 17, 2011 11:36 pm

Greenie wrote:It would help if you stuck to the same thread

Croydon have essentially told you exactly what we said they would. The UKBA have no power to change your husband's visa to limited leave after granting indefinite leave in error. Your husband has indefinite leave and therefore there are no restrictions on him claiming benefits. As previously advised, seek advice from a competent immigration solicitor/advisor.

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