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Immigration Officer: “you don’t have to extend ILE”

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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GrimJam
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Immigration Officer: “you don’t have to extend ILE”

Post by GrimJam » Sun Jan 03, 2016 1:38 pm

Hi there,

My girlfriend landed at Luton Airport last night. Her first family settlement visa (Indefinite Leave to Enter) is due to expire in a few months, and she thought the immigration officer was about to remind her about this. Actually, he did something quite different.

According to the officer in question, it’s not necessary to extend her visa, despite it having an expiry date. He told her not to “give anyone your money” and “don’t believe what any website says”. At one point, he called over a colleague over who was of the same opinion.

The officer seems to be suggesting we don’t apply for FLR(m), and instead wait until the five-year point to gain ILR on the basis of our current (first) visa. As you can imagine, we’re very sceptical, so we thought this experience was worth sharing. Does this have any truth to it?

Additional background on the visa:
- Visa holder (she) is the unmarried partner of a UK citizen (me)
- We had lived together for over two years outside the EU and were granted this visa in August 2013
- We have continued to live together since this time, giving a total of about five years
- Type: Visa Settlement Spouse/CP
- Observations: Indefinite Leave to Enter the UK

Obie
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by Obie » Sun Jan 03, 2016 1:53 pm

How can your unmarried partner received ILE in August 2013 when appendix FM came into effect on the 9th July 2012. Very strange that an immigration officer not trained to give legal advise is doing so.

On the face, it seems he was wrong, unless she was issued ILE by error in 2013.

ILE as I know, has no expiry . It is like an ILR that used to be affix on a person's passport.
Smooth seas do not make skilful sailors

vinny
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by vinny » Sun Jan 03, 2016 2:01 pm

I think the immigration officers were correct, if they activated the ILE.

Write to the UKVI for written confirmation that she does not have to do anything.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by Obie » Sun Jan 03, 2016 2:11 pm

It is clear that ILE was issues in error, and the UKVI may take the view that it was issued in error.

There was no power in the rules or for ILE to be issued to spouse or unmarried partner after July 2012.
Smooth seas do not make skilful sailors

vinny
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by vinny » Sun Jan 03, 2016 2:27 pm

It may be a binding error.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

GrimJam
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by GrimJam » Sun Jan 03, 2016 3:18 pm

Thanks for your help so far, and thanks Vinny for the links.

So it seems she may have been issued ILE in error. What was it meant to say instead? "Leave to Enter"?

We're not sure what to do now. We'll write to UKVI, but our plan was to apply for FLR in three weeks' time. Would we expect a response by then? And how best to get in touch?

Any other recommendations for what to do next would be hugely appreciated. We're not sure what to do in this unorthodox situation.

Obie
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by Obie » Sun Jan 03, 2016 3:38 pm

vinny wrote:It may be a binding error.
Well you may well be correct.

In light of Sannie, I am a bit cautious about giving full endorsement.

It can reasonably be argued that a power exist in law for the ILE to be revoked.
Smooth seas do not make skilful sailors

Obie
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by Obie » Sun Jan 03, 2016 3:40 pm

GrimJam wrote:Thanks for your help so far, and thanks Vinny for the links.

So it seems she may have been issued ILE in error. What was it meant to say instead? "Leave to Enter"?

We're not sure what to do now. We'll write to UKVI, but our plan was to apply for FLR in three weeks' time. Would we expect a response by then? And how best to get in touch?

Any other recommendations for what to do next would be hugely appreciated. We're not sure what to do in this unorthodox situation.

Is the expiry of the new passport linked to the validity of the ILE? Then she needs to get a new passport and approach the Secretary of State to see what view she may take as to whether she will accept the ILR or issue a further 2.5 years leave to her.
Smooth seas do not make skilful sailors

GrimJam
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by GrimJam » Sun Jan 03, 2016 3:55 pm

Obie wrote: Is the expiry of the new passport linked to the validity of the ILE?
No, the expiry date is 33 months after the visa was granted. The passport with this vignette has already expired. She's carrying both old and new passports to cross the border.

Obie
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by Obie » Sun Jan 03, 2016 3:59 pm

The validity of an ILE should be consistent with the validity of the holders passport.

It seems to me, and I stand to be corrected, that what the post intended to issue, was a 33 month leave to enter as a spouse of a settled person and not an indefinite leave to enter.
Smooth seas do not make skilful sailors

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Casa
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by Casa » Sun Jan 03, 2016 4:10 pm

Obie wrote:The validity of an ILE should be consistent with the validity of the holders passport.

It seems to me, and I stand to be corrected, that what the post intended to issue, was a 33 month leave to enter as a spouse of a settled person and not an indefinite leave to enter.
That would be my view too Obie.
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by vinny » Mon Jan 04, 2016 12:25 am

Another poster tried to apply for ILR because of an ILE that was issued in error. Got a full refund instead.

Another.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

GrimJam
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by GrimJam » Mon Jan 04, 2016 12:42 pm

I’ve seen a case elsewhere in which an ILE seems to have been issued at discretion (in 2013). Has anyone seen similar cases?

We don’t know what to do now. I think it’s best to get clarification from UKBA. Or UKVI? Or the issuing centre? Or a solicitor? Or a combination?

Who do you advise we contact for clarification, and how?

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Casa
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by Casa » Mon Jan 04, 2016 12:46 pm

Don't trust advice given by the UKVI 'help line' over the telephone. They are notorious for giving incorrect advice, even for simple immigration issues and will take no responsibility for their errors. If you want confirmation make sure you have it in writing.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vinny
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by vinny » Mon Jan 04, 2016 12:55 pm

GrimJam wrote: Has anyone seen similar cases?
Links given in previous posts.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by Obie » Mon Jan 04, 2016 1:55 pm

A lot can be said, but saying you were issued ILE by discretion is not one of the assertion that can be made.

I prefer the term mistake .
Smooth seas do not make skilful sailors

GrimJam
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Re: Immigration Officer: “you don’t have to extend ILE”

Post by GrimJam » Mon Jan 04, 2016 6:52 pm

Thank you all again for your help

It's now time I contacted UKVI, but not by phone. Does anyone have a reliable email address to use for enquiries from visa holders, so we can get some clarification in writing?

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