Immigrationboards.com

I keep emailing various UK visa sections about my daughter's situation but I never seem to be able to get a definite answer! Can anyone please help as our situation is becoming critical.

My daughter immigrated to the UK from Australia in Dec 2007 with me as my dependent (she was under 18 years of age at time of application). I was granted immigration rights under my 'right of abode' status and she was granted a dependency visa.

At the time my daughter's visa was granted, we were told that even though her visa would expire when her passport expired she would still be allowed to stay on in the UK after this date as she had effectively been granted indefinite leave to remain here. We were also advised that once her old passport expired she should carry both old & new passports with her when travelling in & out of the UK to prove her right to remain in the UK had already been granted. However, since that time I have not been able to find any definite ruling on this.

Her Australian passport (& thus her visa) was due to expire in August 2010; however, as she wants to do some travelling she decided to apply for a new passport at the end of last year. She is about to travel to Spain for a short holiday soon and is concerned about what she should show to UK border officials at point of re-entry. Will the fact that she has no UK visa in her new passport cause any problems? Should she carry her old passport with her?

Many thanks

Jwana

Immigration (non-tourist) visas normally do not expire together with passport - your daughter should take her old passport together with the new one and she'll be fine.

Can you please give details of what her visa actually says? That is, without naming her, what is her visa actually saying?

Does it for example mention "indefinite leave to enter"?

Hi there

The visa says:

Settlement accompaning parent
Indefinite Leave to Enter UK (then there's a stamp saying Indefinite Leave to Remain)

Valid from (date it was issued)

Valid to 15/08/10 (i.e. when her passport was due to expire although this passport is now cancelled as she has a new one)

I'm just confused by the wording about IL to enter + the ILR stamp but followed by a 'valid to' date.

Many thanks for any help you can provide.

Jwana

Jwana, that being the case, she needs to first enter the UK by 15.08.10. Having complied with that, she really does have indefinite leave to remain in the UK.

It's fine if the visa is in the old passport.

You can pay £100 to have it moved to the new passport, or carry both.

I did it for about a year, carried my old and new. Had to show both

When they stamp the new one, they write "VIPP" on the stamp. Which I assume to mean "Visa in Previous Passport".

Jwana, has your daughter already entered the UK using that ILE visa? If so that "expiry date" can now be totally ignored.

durak wrote:It's fine if the visa is in the old passport.

You can pay £100 to have it moved to the new passport, or carry both.

I did it for about a year, carried my old and new. Had to show both

When they stamp the new one, they write "VIPP" on the stamp. Which I assume to mean "Visa in Previous Passport".

http://www.ukba.homeoffice.gov.uk/while ... m-NTL-TOC/

Hi everyone

Many thanks to all who have replied to my query. My daughter arrived in the UK back in Dec 2007 & her visa was stamped at that time so she has well & truly entered & resided in the UK under the terms of that visa.

I'm sorry to ask another question (at my daughter's request!) but just wondering what the situation would be if she ever went back to live in Australia for a while? I remember reading somewhere that you can stay outside the UK for 2 years but after that lose your ILR right.

Thanks again.

Jwana

Jwana wrote:I remember reading somewhere that you can stay outside the UK for 2 years but after that lose your ILR right.

Returning residents

regards