Indefinite leave to enter with 2 years expiry date

licvi · Post by **licvi** » Tue Apr 13, 2010 11:33 pm

Unfortunately I lost my old passport, in Barcelona Spain, and ended up applying for a returning resident visa, and got an ILE stamp.

The odd thing is, the ILE vignette states "Indefinite Leave to Enter", but has an expiry. That expiry date appears to be 2 years from the last time I left the UK.

Does anyone know what are my options are, at/before or at the expiry date of the 2 years? Many thanks for your responses.

vinny · Post by **vinny** » Wed Apr 14, 2010 3:31 am

An ILE/ILR holder would be subject to the returning residents provisions.

licvi · Post by **licvi** » Wed Apr 14, 2010 9:35 pm

Vinny

Thanks so much. But I still dont understand. Do I leave it to expire or am I suppose to submit my passport to home office?

Cheers I really need help.

Thank you

bani · Post by **bani** » Wed Apr 14, 2010 10:02 pm

I think so long as you stay in the UK, you can let it expire. But you should have an unexpired stamp when travelling abroad, you can't use it to enter the UK once it has expired. Yes, you submit it to UKBA and get a transfer of conditions.

Btw, does it expire with your passport?

from the link Vinny sent-
"Although indefinite leave, by definition, will not expire, the ECO is unable to issue a visa to those who meet the criteria for ILE without putting a â€˜validity dateâ€™ on the visa. In cases of ILE the â€˜validity dateâ€™ on the visa should match the expiry date on the passport. When the applicant gets a new passport, they can apply to UK Border Agency for a transfer of conditions into their new passport. They do not need to apply for Indefinite Leave to Remain (ILR)."

licvi · Post by **licvi** » Fri Apr 16, 2010 1:35 am

Btw, does it expire with your passport?

No it does not expire with my passport. My passport is new and expires 2014 while the ILE is until July 2011.

vinny · Post by **vinny** » Fri Apr 16, 2010 2:36 am

You only need the entry clearance for the initial entry. Afterwards, as long as you meet the requirements for returning residents, the entry clearance is not necessary.

Gerry_Marsden · Post by **Gerry_Marsden** » Sat Apr 17, 2010 9:40 am

The expiry date on the ILE stamp is the date by which you need to enter the UK. Indefinite leave to enter means INDEFINITE leave to enter. Although some immigration officers seem not to understand this.

I posted about an incident last year when my wife returned from abroad. The IO at Liverpool airport stopped her and told her she couldn't come in because her "visa" had expired. (An ILE stamp is not a visa, BTW). My missus stood her ground, told her about ILE, and she was "allowed" through with a warning.

licvi · Post by **licvi** » Sun Apr 25, 2010 6:10 pm

Vinny, Bani and Gerry THANKS A MILLION for all your advice. You guys are great.

Cheers

silverdiablo7 · Post by **silverdiablo7** » Wed Dec 08, 2010 11:15 am

Sorry for troubling you guys, but I hope someone can help me on this as I'm stressed.
I got my spouse visa with an expiry date NOT matching my passports expiry date also with the lines 'Indefinite leave to enter the UK ' under Observations. I have read in some places it says ILE = ILR.
Now Im wondering if I have to reapply for ILR or not be worried once my visa expiry is due or do i have to renew it soon because, the UKBA says not to apply 28 days before expiry.
Someone please be kind enough to help me on this matter.
Regards

geriatrix · Post by **geriatrix** » Wed Dec 08, 2010 11:50 am

silverdiablo7 wrote:Sorry for troubling you guys, but I hope someone can help me on this as I'm stressed.
I got my spouse visa with an expiry date NOT matching my passports expiry date also with the lines 'Indefinite leave to enter the UK ' under Observations. I have read in some places it says ILE = ILR.
Now Im wondering if I have to reapply for ILR or not be worried once my visa expiry is due or do i have to renew it soon because, the UKBA says not to apply 28 days before expiry.
Someone please be kind enough to help me on this matter.
Regards

Is your visa valid for 27 months? Did you pass the KOL test before applying for this visa and provided the evidence thereof at the time of visa application?

regards

silverdiablo7 · Post by **silverdiablo7** » Wed Dec 08, 2010 12:20 pm

Yes it is valid for 27 months, and I didnt do the KOL test. Thanks for your help

geriatrix · Post by **geriatrix** » Wed Dec 08, 2010 12:48 pm

silverdiablo7 wrote:Yes it is valid for 27 months, and I didnt do the KOL test. Thanks for your help

Based on this information and what you posted in this topic, the ILE endorsement is incorrect (should be SPOUSE/CP instead). Contact local BHC to get the error corrected before you travel. See also Correcting an incorrect endorsement.

regards

silverdiablo7 · Post by **silverdiablo7** » Wed Dec 08, 2010 2:40 pm

Thank you for the information,
Plus mine reads as
Valid from - valid till :27 months

Type : D-SPOUSE/CP - Spouse of (my wifes name) and her D.O.B.

Observations : Indefinite leave to enter the UK

And I havent done the KoL test but have done my IELTS which I also issued.

I guess this isnt simple anymore

, So then that means according to my current visa I do not have an ILR status and have to apply for it along with my KoL within my 2 year period???
My flight is in 2 days and I wonder if it will be a problem getting the endorsements corrected once I land.

Thank you so much in helping me sort this out.

geriatrix · Post by **geriatrix** » Wed Dec 08, 2010 2:48 pm

Okay ... The endorsement is correct, but the observation is not. In this case, shouldn't be a problem in travelling. You may request for error correction when in UK (see link in previous response).

This is a spouse visa. You'll need to apply for ILR after living in the UK for 2 years, and will need to pass the KOL test before applying.

regards

silverdiablo7 · Post by **silverdiablo7** » Wed Dec 08, 2010 3:17 pm

Thank you very much for the help,
Finally, if I did'nt contact the UKBA to correct my endorsement will it be a problem if I apply for ILR once i have lived in the UK for 2 years ? And will I be able to apply for citizenship as they, the ECO at the BHC has issued me with a Visa based on his decision??
I Will be packing shortly

Thanks again Sushdmehta for taking your time in helping me out.

geriatrix · Post by **geriatrix** » Wed Dec 08, 2010 3:39 pm

When you are in the UK you can contact UKBA to bring to their attention the error and act according to their response.

regards

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Indefinite leave to enter with 2 years expiry date