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

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

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.

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.

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.

It may be a binding error.

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.

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.

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.

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.

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.

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.

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

Another.

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?

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.

GrimJam wrote: Has anyone seen similar cases?

Links given in previous posts.

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 .

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?