ILR Vs. ILE Under Spouse Visa

[Ali_G]

Dear All,

Can anyone clarify in details; What is the diffrence between Identifine Leave to Remain under spouse visa and Identifine Leave to Enter under spouse visa?

If someone Non-EEA national married British citizen outside the UK and lived there for 4 years before applying for spouse visa then he is granted Identifine Leave to Enter; Does is mean he is eligible to be granted Identifine Leave to Remain once he is in the UK or He is eligible to apply for British Citizenship?

Then if Identifine Leave to Enter is not allowing a person to apply for British Citizenship directly once he arrives the UK; What is the adventage of living 4 years outside the uk rather than applying directly for spouse visa and after living 2 years in the UK he will be granted ILR then he is elgible for applying the British Citizenship?


N.B: Sorry for the inconvenience cause i am very confused !!!

[geriatrix]

ILE can be applied for from outside the UK. ILE has an expiry date (for the only reason that overseas posts cannot issue a "never ending" entry clearance).

ILR can only be applied for from within the UK. ILR doesn't have an expiry date.

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

A spouse / civil partner of a settled person / British citizen is eligible for ILE only if at the time of an application:
1. Both of them have been married / been in a civil partnership for at least 4 years, and
2. Both of them have lived outside UK for at least 4 years, and
3. Applicant has passed LITUK test.
4. Both are coming to UK to settle.

If the applicant doesn't meet the LITUK requirement, he/she is issued "ILE (KOL REQ)" endorsement, allowing the applicant to take the test after having travelled to UK and then applying for ILR.

When one may become eligible for naturalisation depends on when one meets the requirements of naturalisation for spouses and civil partners. Under current rules, one may apply for naturalisation as a spouse of British citizen after completing 3 years of qualifying residential period in the UK. Therefore, assuming no previous immigration history, migrants with ILE will need to wait for 3 years to become eligible for naturalisation but migrants with ILR will need to wait for only 1 year (ILR is granted after 2 years of stay in the UK).

[Ali_G]

Many thanks sushdmehta it's kind of you for well explained reply

In brief, according to Ukvisa website ECB9.6 says:

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 ie they can stay indefinitely. ILE carries the same entitlement as “Indefinite Leave to Remainâ€