ILE/ILR Visit to country of birth

[Londoh]

Hi
My wife was granted ILE in 08/2006 under the 4 year rule. I posted here then:
http://www.immigrationboards.com/viewtopic.php?t=8522
She entered the UK within a couple of weeks of the issue.

She returned to her country 2 weeks ago for a family wedding, intending to stay 3 weeks.

She would like to stay for a few weeks more, but her passport would expire before she returned. ILE expiry date is same as passport expiry date.

She can get a new passport issued in her own country, and as we understood it she can travel with her old passport with the ILE and a new one.

This web page seems to confirm that...
http://www.ukba.homeoffice.gov.uk/ukres ... opassport/

My wife contacted the British Embassy there to ask for confirmation. Very surprisingly they initially told her she must re-apply for ILE. We've both questioned this strongly, and they've now retracted that but told her she must apply for a Returning Resident Visa.

We're both employed and have been since we came back in 2006, haven't transgressed any laws or rules or done any bad things at all as far as I know.

Is a Returning Resident (or any) Visa necessary? Can anybody here offer opinion please.

thanks

l.

[vinny]

Prior entry clearance is not mandatory

Moreover,

If a passenger is a returning resident who requires an endorsement in a new passport the Immigration Officer may only endorse that passport with an open date stamp on arrival. The passenger would then be required to apply for a UKRP or travel with their previous passport.

However, as there is an 'expiry date' on her ILE Entry clearance, she may have to persuade the airline that it's not applicable to returning residents.

[Londoh]

Hi Vinny

thanks for reply

but after several more hours of reading loads of web pages it all seems sketchy and I'm still (even more?) confused!

From the first quote you gave - she qualifies on the 4 points, so prior entry clearance is not mandatory. So I assume this means she CAN travel with old and new passports.

And from the 2nd quote it seems that if she does this, she would be given an open (meaning No Time Limit) stamp in her new passport on arrival, but then have to apply for a UKRP after arrival. OR continue to travel with her old passport.

The first of those options says:
"The passenger would then be required to apply for a UKRP"
But isn't a UKRP the same as ILR? which is the same as ILE. And if so why does the returning passenger have to (re)apply for something they already have, and which is indefinte anyway! And would the new rules (KOL etc) apply to this application? wooo scary!

If she gets a stamp in her new passport, that passport will be valid for 5 years so if she's given a No Time Limit stamp, she'll then have to get another one after 5 years right? (Or naturalise, but anyway...)

And since the ILE is by definition Indefinite why didnt they just stamp the original ILE with 'No Time Limit" and save the merry-go-round

Unless of course by 'Indefinite' they mean

Vague or unclear. Undecided or uncertain.

And given she apparently can travel with both passports, why would she want to pay 205++ for a Returning Resident visa???

ah yes... because the airline staff might not understand! like me!

So what would (did) you do? Go for the RRV or chance it?

thanks

l.

[vinny]

See also Visa For Uk In Expired Thai Passport, What shoud we do now? advice sought