ILE stamp and expiry date

[Gerry_Marsden]

My wife received ILE in Moscow 2 years ago. However, the expiry date on the visa and the expiry date on her passport don't correspond. (Her visa expired in may, and her passport expires in 2011).

She took a trip to Switzerland last week and on her way back into the UK the immigration officer told her that her visa had expired (no shit, Sherlock!). The IO seemed confused but let her back in and told her to contact the home office.

Does anyone have any ideas regarding my wife's legal position?

It seems to me that ILE means she can stay in the UK as long as she wants. The mistake (if there is one) is on the part of the consulate in Moscow who issued the visa.

Thanks for any feedback on this.

[ElenaW]

My wife received ILE in Moscow 2 years ago. However, the expiry date on the visa and the expiry date on her passport don't correspond. (Her visa expired in may, and her passport expires in 2011).

She took a trip to Switzerland last week and on her way back into the UK the immigration officer told her that her visa had expired (no shit, Sherlock!). The IO seemed confused but let her back in and told her to contact the home office.

Does anyone have any ideas regarding my wife's legal position?

It seems to me that ILE means she can stay in the UK as long as she wants. The mistake (if there is one) is on the part of the consulate in Moscow who issued the visa.

Thanks for any feedback on this.

Yes ILE means she can stay indefinetly. I would contact the place of issue and tell them they made a mistake.

Also, I hope you're looking into getting her naturalised because the laws change in July 2011 into probationary citizenship. Two years as of then, there will no longer be ILR.

[stmellon]

the immigration officer told her that her visa had expired (no shit, Sherlock!).

Gerry, the immigration laws are confusing and subject to continual change, making it very difficult for most of us to keep up with what we are supposed to do (credit to the regular posters on this board who do so well) - however, I find this comment quite offensive.

If it is so obvious that the visa had expired, then why didn't you do something about it sooner?

It seems to me that ILE means she can stay in the UK as long as she wants. The mistake (if there is one) is on the part of the consulate in Moscow who issued the visa.

I may be wrong, but I believe that there is a mistake and it's in your opinion (and Boulevard's) - not on the part of the ECO.

http://www.ukvisas.gov.uk/en/howtoapply ... espartners

At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still married and intend to continue living together, you can apply to stay permanently in the UK.


Leave to Enter allows spouses to come and go from the UK but only for a fixed period of time - the visa that allows them to stay in the country is ILR - Indefinite Leave to Remain. This is what is issued following the application referred to above.

As to the present legal status of your wife in the UK - did the Immigration Officer stamp her passport? Hopefully he did, extending her right to stay in the UK.

[ElenaW]

the immigration officer told her that her visa had expired (no shit, Sherlock!).

Gerry, the immigration laws are confusing and subject to continual change, making it very difficult for most of us to keep up with what we are supposed to do (credit to the regular posters on this board who do so well) - however, I find this comment quite offensive.

If it is so obvious that the visa had expired, then why didn't you do something about it sooner?

It seems to me that ILE means she can stay in the UK as long as she wants. The mistake (if there is one) is on the part of the consulate in Moscow who issued the visa.

I may be wrong, but I believe that there is a mistake and it's in your opinion (and Boulevard's) - not on the part of the ECO.

http://www.ukvisas.gov.uk/en/howtoapply ... espartners

At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still married and intend to continue living together, you can apply to stay permanently in the UK.


Leave to Enter allows spouses to come and go from the UK but only for a fixed period of time - the visa that allows them to stay in the country is ILR - Indefinite Leave to Remain. This is what is issued following the application referred to above.

As to the present legal status of your wife in the UK - did the Immigration Officer stamp her passport? Hopefully he did, extending her right to stay in the UK.

The OP said his wife has ILE (indefinite leave to enter) which means they were married and living outside of the UK for over four years. It's skipping the temporary spousal visa (2 yrs that you're talking about) and going straight to permanent residency. So like ILR it's permanent.