stepsons settlement visa

[thepieman]

Hi forum folks, My stepson (3yrs old) was refused a settlement visa as his mother didnt have full custody, so we applied for a family visitor visa so he could spend 6 months with me and his uk family while we organised the custody papers. His mother, my wife, was granted her settlement visa.
The debate we had was what to do when his 6 months was up as we really didnt want my stepson and his mother to have to return to their country of origin and reapply for his settlement visa ( sole custody was granted to my wife during the 6 month term of his visa) We decided that my wife and stepson should return to their country and reapply folloing uk visa guidlines, even though it would be tough for us to be seperated again. My family had advised to try and change his visa from UK.
I am very happy to say the British Embassy in their country of origin granted his visa within 1 week of applying for it!
The only question I have is that his visa appears to be for the duration of his passport, which is approx 9 years! It says Indefinite leave to enter UK.
What happens when his passport expires?
Sorry for such a long post but it has been a long and complicated story
many thanks

[geriatrix]

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 'validity date' on the visa. In cases of ILE the 'validity date' 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).

[John]

thepieman, you are not the first person to be confused by the "expiry date" on an ILE visa, and I am sure you will not be the last.

That "expiry date" on the ILE visa is merely the last date that the person can enter the UK on that visa ..... for the first time! But once the person has entered the UK on that ILE visa, the "expiry date" can be totally ignored.

[thepieman]

Thanks John and sush, still not totally clear.. does this mean my stepson doesnt have to apply for ILR.. what is his immigration status?
sorry if this seems a silly question
thanks

[thepieman]

Ok.. after reading the link supplied by sush it does seem my stepson can stay in the uk indefinately.. I must say i am surprised, is this because he is a child? I am not complaining lol.

[John]

does this mean my stepson doesnt have to apply for ILR.. what is his immigration status?

Think of it this way. Yes the visa continues to say ILE, but as soon as he entered the UK using that visa, the visa effectively became ILR. Accordingly no need for a ILR application to be made in respect of him.

Why ILE issued? Let me guess .... his mother already has her ILR, or indeed she is already a British Citizen?

[thepieman]

thanks for your reply john, his mother, my wife, actually is in the first year of her settlement visa, i was thinking maybe they give ILE to children under 18,he did spend 5 months here on a family visit visa, I just assumed he would get a 2yr visa like his mother, either way it saves any hassle later on if this is correct.

[John]

On the face of it I would have expected your stepson's Child Settlement Visa to be issued with the same expiry date as his mother's spouse visa.

But what about his biological father? Do you know if he is British, or has ILR?

[thepieman]

Hi john, His biological father is from the same country as his mother and has no immigration status in the uk.
Could i ask another question of you as well please, my wifes spouse visa is due to expire 10/04/2013 but due to delays getting my stepsons visa she did not arrive in uk until 01/05/2011, are we going to have to apply for an extension as she is just going to miss the 2years by a few weeks or can we apply for ILR 28 days before and the fact we have applied be ok? bit unsure about this
many thanks

[John]

She can apply for her ILR no earlier than 28 days before the 2nd anniversary of her date of arrival = 03.04.13 ..... and the latest she can apply is the expiry date of the current visa = 10.04.13.

Accordingly there is an 8 day window for her to make that application, which is quite sufficient for the purpose.

The Child Settlement Visa? I don't understand why that was issued as ILE.

[thepieman]

thanks again john for your help, I have no idea either.. so the fact that she has applied for her ILR is sufficient even if her visa is expired before the ILR is issued?
many thanks again for your help