Child - Indefinite Leave to Enter – Renewal

[Sukujobo]

I am looking for guidance regarding renewing Indefinite Leave to Enter (ILE) and obtaining a British passport for my 5-year-old. Could MODs please provide some advice?

Background Information:

i. My 5-year-old was born abroad and received her Indefinite Leave to Enter (ILE) in January 2023. She entered the UK in February 2023. The expiry date on the ILE is in December 2024.
ii. The mother is on ILE with the same expiry date as the child, i.e., December 2024.
iii. The father is a British Passport holder.

My Situation:

My work requires me to travel abroad, sometimes for extended periods. I am traveling abroad for at least three years starting in April 2024.

My Questions:

Given the above situation, I want to either extend my child’s ILE or apply for a British Passport, whichever is quickest. So, my questions are:

a. Can I extend my child’s ILE for at least 2+ years now, i.e., in March 2024? Is that an option? And, on average, how long does the process take to get a new ILE card with extended dates?

b. If an ILE extension is not allowed, what’s the process for getting a British passport at the earliest? Should the child apply for Naturalisation first, and then follow it up with an application for a British Passport? Or can we apply for the British Passport without the Naturalisation process first?

c. Worst case, if we travel out of the UK without either renewing the ILE or without getting her a British passport, and do not return for at least 3 years, would the same ILE with expiry dates as December 2024, be allowed in January 2028?

d. What other options are available that I could consider, so we are not denied entry into the UK in the future?

e. General questions: Does ILE ever expire, even if there’s an expiry date on the ILE card that was issued? Why was her ILE issued for only 2 years and not for a longer period?

[meself2]

First of all, as far as I know, ILE is not an immigration status you can keep within UK. It stands for Indefinite Leave to Enter - if a person entered UK, why would they keep that?

For a child, it's most likely transitioned into ILR, assuming mother is on ILR as well.

The expiry date on the ILE is in December 2024.

No. It's just the expiration date of the card.
https://www.gov.uk/biometric-residence- ... rt-problem

You do not need to tell UKVI if your BRP expires on 31 December 2024 but your immigration status (for example, your visa) allows you to stay longer.

You will not need a BRP from 1 January 2025. You’ll be able to prove your immigration status online, without a BRP.

UKVI will update their information on how to prove your immigration status in early 2024. You do not need to do anything and your immigration status will not be affected.

Can I extend my child’s ILE for at least 2+ years now, i.e., in March 2024? Is that an option? And, on average, how long does the process take to get a new ILE card with extended dates?

It's indefinite and you cannot get a new card as of now. Wait until UKVI rolls out online visa system.

Should the child apply for Naturalisation first, and then follow it up with an application for a British Passport?

Children are registered, not naturalized. I'm not sure if child is eligible for registration, most likely not as child wont even spend 2 years in UK before leaving - others will advise.

if we travel out of the UK without either renewing the ILE or without getting her a British passport, and do not return for at least 3 years, would the same ILE with expiry dates as December 2024, be allowed in January 2028?

ILR is gone once a person is away from UK for 2 years.
https://www.gov.uk/returning-resident-visa

You lose your indefinite leave to remain if you’ve been outside the UK, the Channel Islands and the Isle of Man for more than:
[...]
2 continuous years for anyone else

Your family would have to apply for a returning resident visa and prove they aim to live in UK.

[CR001]

@meself2 child is 5 so no 2 year residence requirment for citizenship.

Additionally, OPs spouse got ilr a few years ago then left and returned already on a returning resident visa previously.

[Sukujobo]

@meself2 child is 5 so no 2 year residence requirment for citizenship.

Additionally, OPs spouse got ilr a few years ago then left and returned already on a returning resident visa previously.

Thank you so much for replying!

Here's my understanding of the above:

1. Can I apply/register for my child's British Citizenship right away, even though she's been in the country for just over a year? Is that correct?

2. Follow-up question: Regarding my spouse's ILE, can she renew her Residence Permit NOW as it expires on 31 Dec 2024?

2a. Can my spouse renew her Residence Permit whilst outside the UK, of course, within the 2-year lapse period?

2b. If we leave the UK before she renews her Residence Permit but return within 2 years, will she be allowed back in after 31 Dec 2024?

[CR001]

1. Can I apply/register for my child's British Citizenship right away, even though she's been in the country for just over a year? Is that correct?

Yes.

2. Follow-up question: Regarding my spouse's ILE, can she renew her Residence Permit NOW as it expires on 31 Dec 2024?

All BRP cards expire on 31 december 2024, when a new digital system will become effective. No point renewing something that will have the same expiry date.

2a. Can my spouse renew her Residence Permit whilst outside the UK, of course, within the 2-year lapse period?

No.

2b. If we leave the UK before she renews her Residence Permit but return within 2 years, will she be allowed back in after 31 Dec 2024?

We dont know what the new digital system will look like or what issues might occur for travellers.

[Sukujobo]

Thanks V much.

[Sukujobo]

First of all, as far as I know, ILE is not an immigration status you can keep within UK. It stands for Indefinite Leave to Enter - if a person entered UK, why would they keep that?

For a child, it's most likely transitioned into ILR, assuming mother is on ILR as well.

The expiry date on the ILE is in December 2024.

No. It's just the expiration date of the card.
https://www.gov.uk/biometric-residence- ... rt-problem

You do not need to tell UKVI if your BRP expires on 31 December 2024 but your immigration status (for example, your visa) allows you to stay longer.

You will not need a BRP from 1 January 2025. You’ll be able to prove your immigration status online, without a BRP.

UKVI will update their information on how to prove your immigration status in early 2024. You do not need to do anything and your immigration status will not be affected.

Can I extend my child’s ILE for at least 2+ years now, i.e., in March 2024? Is that an option? And, on average, how long does the process take to get a new ILE card with extended dates?

It's indefinite and you cannot get a new card as of now. Wait until UKVI rolls out online visa system.

Should the child apply for Naturalisation first, and then follow it up with an application for a British Passport?

Children are registered, not naturalized. I'm not sure if child is eligible for registration, most likely not as child wont even spend 2 years in UK before leaving - others will advise.

if we travel out of the UK without either renewing the ILE or without getting her a British passport, and do not return for at least 3 years, would the same ILE with expiry dates as December 2024, be allowed in January 2028?

ILR is gone once a person is away from UK for 2 years.
https://www.gov.uk/returning-resident-visa

You lose your indefinite leave to remain if you’ve been outside the UK, the Channel Islands and the Isle of Man for more than:
[...]
2 continuous years for anyone else

Your family would have to apply for a returning resident visa and prove they aim to live in UK.

Thanks V much.