Indefinite Leave to Enter (kol req) - Is there a time limit in which to enter the UK

[ccw71]

This may sound like a stupid question, given the name "indefinite leave to enter" but.....My wife got her ILE (KOL req) visa:Jump:. I expected some guidance letter explaining the details of the visa, but there was nothing. I know with normal settlement visas you must be in the UK within 3 months, in order to complete the 2 year probation within the 27 month validity period. My wife is not required to do any probation so my question is, is there any time limit in which she must enter the UK, or can she go there any time within the 27 month visa validity, so long as she passes the KOL before the end of that period.

I hate to screw up now after everything we went through to get the visa.

Thanks.

[ccw71]

Hi all,
I guess no one has any information on this? Does anyone know an email address for the UKBA where I could ask this question. Thanks

[Terpe]

How odd, I actually did post quite a detailed reply to your question but it seems now to have gone.

In principle the ILE has no time limit.
Due to technical process reasons however there will be an expiry date. This is normally set to the same as that of the passport expiry date. In a case where UK entry has not been made and the passport requires renewal a simple request can be made to UKBA for a transfer of ILE conditions. No problems.

Following entry to UK there is actually no obligation to apply for ILR.
However, there will always be frustrating issues and delays at any UK re-entry when the Immigration Officer sees an expiry date on ILE, so you may consider it a good move to secure ILR.

Finally, I would be careful if you are considering a significant time period between the visa being granted and actually entering the UK. The ECO at border entry may consider that due to the length of time taken to enter UK a change of circumstances since the entry clearance was issued has removed the basis of the holder’s claim to be admitted.
You should try to avoid getting involved in that scenario.
There's no published definition of that 'significant time period', I guess it's down to the individual ECO

Do you have an idea on how long before your wife will enter UK?

Hope that helps you

[ccw71]

Thanks for the info Terpe. The visa is valid from 1st August 2012 until 1st Jan 2015, which seems strange as her passport expires on the 29th Sept 2013. We plan to go to the UK some time towards the end of this year.

So, as long as she passes the KOL before the end of the visa validity she is not required to apply for ILR? This is pretty confusing and really not well documented, given the fact that the ILE has an expiry date! I've read so much conflicting information about this!

As an aside, do you think it's better to get my wife's passport renewed here in PH before we leave. If so does the visa need to be transferred to the new passport or is she just required to show both passports on entry.

Thanks again Terpe.

[Terpe]

Reading your opening post again it seems that your wife has not satisfied all of the requirements for ILE.
She has a condition set for KOL requirement.

Normally under these circumstances (KOL required) I would have expected her to be granted 27 months leave to enter.
To be honest it's unclear to me just why the ILE validity has been given for the period stated.
Anyway, at any point during this period of validity she can comply with the KOL requirement and then apply for indefinite leave to remain (ILR) in the UK.

I'm sorry for any confusion. I overlooked the KOL req condition.

On the question of visa transfer etc here's what UKBA state on that (http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/transfer-visa-to-passport)

[ccw71]

Thank you Terpe.