Indefinite Leave to Enter

[Rosie1958]

The UK settlement visa in my 7 year old nephew’s Filipino passport is stamped with Indefinite Leave to Enter. I think that this works on the same principle as Indefinite Leave to Remain but because it was issued outside the UK, it is called Indefinite Leave to Enter. I have tried searching the forums but can’t find anything on this subject so I assume that it is not often issued.

Please can someone confirm that my assumptions are correct as it would appear that we don't need to apply for any further visas for my nephew since his is classed as indefinite.

Thank you
Rosie

[Belmontboy]

Found this info online....

Indefinite Leave to Enter is the permanent residence status in the U.K. awarded by an Embassy or High Commission outside the country. It applies to
• spouses or civil partners after being married for 4 years and having passed the KOL test
• children whose mother or father is settled in the U.K.
• other dependant relatives
• dependants of refugees with indefinate leave
• returning permanent residents who have lost their documents abroad
• settlement after discharge from Gurkhas
• settlement after discharge from HM forces
• spouse and children of ex members of HM forces

If a spouse has been married to a British citizen for more than four years and has not passed the KOL test she will be issued a spouse visa valid for 27 months and endorsed in the remarks column as follows:
SETTLEMENT SPOUSE/CP (KOL REQ)
No recourse to public funds ..

[Rosie1958]

Found this info online....

If a spouse has been married to a British citizen for more than four years and has not passed the KOL test she will be issued a spouse visa valid for 27 months and endorsed in the remarks column as follows:
SETTLEMENT SPOUSE/CP (KOL REQ)
No recourse to public funds ..

Please can anyone confirm whether the requirement for a KOL test was in place in October 2010?

I understand that this has been replaced by Life in the UK Tests which came into force later. My Filipina sister-in-law (who is very fluent in the English language both verbally and in writing) was interviewed in Manila in English as part of her settlement visa application so just wondering whether the KOL test is actually relevant for the date that the visa application was submitted in Oct 2010?

[Rosie1958]

Thanks Belmontboy. My brother is British but is not married to his long term filipina partner and they all arrived here in the UK at the same time (Nov 2010). My brother was an expat and no longer resident in UK although being a British passport holder he can of course return at any time. Their circumstances don't fit any of those listed above.....?

[rusty]

It is the same, so no need to worry

http://www.ukba.homeoffice.gov.uk/po.../ecg/ecb/ecb9/

ECB9.6 Indefinite Leave to Enter (ILE) and Indefinite Leave to Remain (ILR)

Applicants who are granted Indefinite Leave to Enter (ILE) at a visa issuing Post should have no time restrictions on their stay in the UK, that is, they can stay indefinitely. ILE carries the same entitlement as 'Indefinite Leave to Remain' (ILR) which is issued by the UK Border Agency to those who have already travelled to the UK. Anyone who has ILE does not have to apply for ILR when in the UK.

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).

[Rosie1958]

It is the same, so no need to worry

http://www.ukba.homeoffice.gov.uk/po.../ecg/ecb/ecb9/

ECB9.6 Indefinite Leave to Enter (ILE) and Indefinite Leave to Remain (ILR)

Applicants who are granted Indefinite Leave to Enter (ILE) at a visa issuing Post should have no time restrictions on their stay in the UK, that is, they can stay indefinitely. ILE carries the same entitlement as 'Indefinite Leave to Remain' (ILR) which is issued by the UK Border Agency to those who have already travelled to the UK. Anyone who has ILE does not have to apply for ILR when in the UK.

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).

Thanks Rusty .......... I've checked my nephew's passport and the date of his settlement visa expiry date is shown as Jan 2013, the same as his mum's. Both passports expire in 2014. I assume that since he is a minor, the date of the visa expiry is probably recorded as the same date as his mother's but the above statement doesn't confirm this. I am hoping that a mistake hasn't been made, has anyone got any advice or comments on the expiry date issue?

Thanks also Graham, Joe and Sars, your comments regarding the 2 year absence will definitely be taken on board.

[grahamw48]

I'm sure that's what my step-children were given Rosie, and no further action was required after that (children of mother already settled category ).

They now have naturalisation and British passports, but I also recall that we were careful not to let them spend more than 2 years out of the country when we were backward and forwarding to PI.

Long time ago now, so all a bit blurry.

[joebloggs]

yes thats one good thing about getting ILE not having to pay for ILR

[sars_notd_virus]

T
Please can someone confirm that my assumptions are correct as it would appear that we don't need to apply for any further visas for my nephew since his is classed as indefinite.

yes you are correct Rosie

[joebloggs]

T
Please can someone confirm that my assumptions are correct as it would appear that we don't need to apply for any further visas for my nephew since his is classed as indefinite.

yes you are correct Rosie

but don't let him leave the UK for 2yrs or more in one trip, or he will lose his ILE/ILR

[joebloggs]

the expiry date is the date he had to enter the UK by for the first time, once he had entered the UK the expiry date is no longer valid

[Rosie1958]

Thanks for your confirmation Joe. It sounds like the only visa that we have to worry about is my sister-in-law's. Just wondering if her application at the end of the year (to extend her 2 year unmarried partner's settlement visa) should be FLR or ILR?

[joebloggs]

UK unmarried partner visa - duration

If you and your UK settled partner have been together for less than four years you will be issued an unmarried partner visa for a period of 27 months.

At the conclusion of the probationary two year period you can apply for Indefinite Leave to Remain (ILR - also known as permanent residence in the UK) provided that you are still living together in a relationship similar to marriage.

If you and your UK settled partner have been in a relationship outside the UK for four years or more, you may be eligible to apply for Indefinite Leave to Enter. This means that you are not required to fulfil the probationary two year period before you are eligible for Indefinite Leave to Remain in the UK.

how long had they been living together 4yrs or more Rosie ?

[Rosie1958]

Hi Joe ...... they had been living together for more than 4 years before they came to the UK and we have full documented evidence. Since arriving in the UK 15 months ago, my brother has been in hospital or a nursing home but all tenancy agreements have been taken out in joint names and he has also been registered for council tax purposes jointly too (although whilst away, my sister-in-law is able to claim 25% reduction for single occupancy).

I'm not sure how the separation will be viewed, although I hope and pray that there will be some compassion when considering a visa extension They are still very committed to each other and it's "only" his illness that is keeping them apart

[joebloggs]

if they had been together 4yrs or more outside the UK, it might be possible she should have been given ILR, do you know exactly what it says on her visa Rosie ?

anything like "KOL required" ?

[Rosie1958]

It just states "No Recourse to Public Funds". I read about the possibility of sister-in-law qualifying for ILE at the time of her original settlement visa application earlier. Not sure what to do now ..............

[joebloggs]

It just states "No Recourse to Public Funds". I read about the possibility of sister-in-law qualifying for ILE at the time of her original settlement visa application earlier. Not sure what to do now ..............

its possible she has been issued the wrong visa if they lived together outside the uk for 4yrs, but i'm not sure about the 'life in UK test' , contact UKBA, can remember the address (RUSTY ) and see what they say.

[rusty]

contact UKBA, can remember the address (RUSTY ) and see what they say.

Write to them at:-

RCU EC Errors
15th Floor Apollo House
36 Wellesley Road
Croydon
CR9 3RR

Explain the situation and send his passport and 2 ID photos and if they agree that a mistake has been made they will change it.

[joebloggs]

Write to them at:-

RCU EC Errors
15th Floor Apollo House
36 Wellesley Road
Croydon
CR9 3RR

Explain the situation and send his passport and 2 ID photos and if they agree that a mistake has been made they will change it.

i think Rosie is talking abut him Mom but thanks for the address Rusty

[joebloggs]

i take it their son only had a filipino passport?

[Rosie1958]

Thanks Joe and Rusty I'm very grateful for the information supplied

My nephew does only have a Filipino passport but an application for a British Passport will be made this year. In the meantime, I have drafted a letter to UKBA for my sister-in-law about the suspected error which will be sent shortly.

Fingers crossed they will agree that an error has been made and will give her ULE too.

[joebloggs]

KOL - Knowledge of life is the same test as the 'life in the UK' test, might be wise for her to take it asap anyway (she will need it for applying for ILR).

what does her visa exactly say Rosie -

SETTLEMENT SPOUSE/CP(KOL REQ)
SETTLEMENT SPOUSE/CP
SETTLEMENT TO JOIN/ACC PARTNER -
SETTLEMENT TO JOIN/ACC PARTNER(KOL REQ)

[Rosie1958]

KOL - Knowledge of life is the same test as the 'life in the UK' test, might be wise for her to take it asap anyway (she will need it for applying for ILR).

what does her visa exactly say Rosie -

SETTLEMENT SPOUSE/CP(KOL REQ)
SETTLEMENT SPOUSE/CP
SETTLEMENT TO JOIN/ACC PARTNER -
SETTLEMENT TO JOIN/ACC PARTNER(KOL REQ)

Hi Joe ....... the visas state exactly the following:-

1. Sister-in-Law's visa - "Visa to join partner (my brother's name and date of birth are shown next)"

2. Nephew's visa :- "Visa settlement Acc Mother to Join Father (my brother's name is then stated) "

The visa applications submitted were for settlement but I now notice that isn't actually stated on my sister-in-law's visa. There isn't any mention of KOL anywhere and the exact wording is as shown above.

It now transpires that although my sister-in-law was expecting to be interviewed in Philippines , she wasn't. I sent an enquiry to UK Vac in Makati explaining the situation in full, advising that they have a six year old son and asked which visa application should be sent. They advised it should be Child and Unmarried Partner Settlement Visas but there was no mention of ULE in their reply which I still have.

Since my sister-in-law hasn't yet taken any form of KOL test I do wonder if it is actually worth raising this now? Also since "settlement" has been ommitted from the visa, I wonder if this is an issue?

Any advice would be gratefully received.