Indefinite Leave to Enter... ? Visa Sucess

Gerry_Marsden · Post by **Gerry_Marsden** » Thu May 17, 2007 3:05 pm

My wife applied for a spouse visa in Moscow last Friday and it was granted yesterday without an interview. We've been married for six years and have a child together so I was pretty sure it would be granted.

However...

On the visa it states that she has "Indefinite Leave to Enter". It also states that the visa expires in two years time.

I'm confused. I was under the impression that there would be no more ILE/ILR as of April this Year. So does this mean we have to pay the 900 pounds for ILR in two years time, subject to a citizenship test. Or, is there something else we have to do which I am completely in the dark about?

Thanks for any advice

transpondia · Post by **transpondia** » Thu May 17, 2007 3:34 pm

If your application when into the pipeline after 2 April, they would not have issued ILE without first seeing a KOL certificate showing your wife had passed the test (or had taken the ESOL course). If they did, it would almost certainly be a mistake which would get picked up when she goes for nationality (or her "ILE" expires and she tries to renew it).

This is laid out in Paragraph 281 (i)(a)(b)(ii) of the rules...

Gerry_Marsden · Post by **Gerry_Marsden** » Thu May 17, 2007 4:06 pm

If your application when into the pipeline after 2 April, they would not have issued ILE without first seeing a KOL certificate showing your wife had passed the test (or had taken the ESOL course). If they did, it would almost certainly be a mistake which would get picked up when she goes for nationality (or her "ILE" expires and she tries to renew it).

This is laid out in Paragraph 281 (i)(a)(b)(ii) of the rules...

So I presume this means that we will have to cough up the 900 pounds...

sakura · Post by **sakura** » Thu May 17, 2007 4:45 pm

transpondia wrote:If your application when into the pipeline after 2 April, they would not have issued ILE without first seeing a KOL certificate showing your wife had passed the test (or had taken the ESOL course). If they did, it would almost certainly be a mistake which would get picked up when she goes for nationality (or her "ILE" expires and she tries to renew it).

This is laid out in Paragraph 281 (i)(a)(b)(ii) of the rules...

Huh? They made a mistake, issuing the wrong visa??! Does the BIA actually inform its embassies and high commisions about its numerous immigration changes!? Don't tell me this is a major slip-up.

Docterror · Post by **Docterror** » Thu May 17, 2007 4:51 pm

So I presume this means that we will have to cough up the 900 pounds...

No! The 2 years mentioned on the ILE sticker is the time by which your wife has to enter the UK before the ILE expires and she has to apply again. Once she enters, the ILE effectively turns into ILR and she will be eligible for applying for the naturalisation after 3 years of residence.

Post by **John** » Thu May 17, 2007 4:52 pm

On the visa it states that she has "Indefinite Leave to Enter". It also states that the visa expires in two years time.

Ah, the "expiry date" on an ILE visa! Let me guess, the "expiry date" is the same as the expiry date of the Russian passport?

On an ILE visa the only relevance of that date is that it is the last possible date that the visa can be used ... for the first time! So as long as your wife actually enters the UK on or before that date, and possibly in the near future, that date can be ignored thereafter. Subject to that, the ILE visa does not expire!

So no, there is no need to apply for ILR in nearly 2 years time.

But I agree with others comments. It looks like the wrong visa has been issued. Your good luck! Saving you Â£750 or Â£950 in a couple of years time.

transpondia · Post by **transpondia** » Thu May 17, 2007 5:04 pm

Just adding that the rules governing entry into the UK for the holder of ILE/ILR are in Paragraph 18 (in case anyone wonders why the 2 year time-frame is significant)...

Gerry_Marsden · Post by **Gerry_Marsden** » Thu May 17, 2007 5:19 pm

Thanks for all the replies!

Ah, the "expiry date" on an ILE visa! Let me guess, the "expiry date" is the same as the expiry date of the Russian passport?

Actually her passport expires in 2011, and the visa is valid until 2009.

So, judging by what John others have have said, this is an "error" on the part of the Consulate in Moscow, and ILE has in fact been granted.

Have to say, seems slightly odd. But if it ain't broken, I would prefer not to try and fix it!

British · Post by **British** » Thu May 17, 2007 7:31 pm

Have to say, seems slightly odd. But if it ain't broken, I would prefer not to try and fix it!

If you think it was issued in an error, remember that if it always better to fix it.

I have read numerous cases in this very board, where people have been issued visas wrongly in spite of the fact that it was the mistake of the caseworker or the IND or ABC or XYZ or BIA or whatever it is called now

It is an estabilished thing i think that case workers can always do serious mistakes and it is always that the innocent will pay for it, no matter what.

Anyway, if you have any bit of doubt that a visa was issued wrongly, even if it was not your mistake, i would defenitely advise you to check it up with the issueing authority, no matter what.

But its upto you!

As for this ILE, the phrase is just a joke! Indefenite leave to Enter expiring in two years! Ha!

Why can't they use the same phrase Indefenite leave to Enter and then somewhere in the same sticker they can say, the person should use this to first enter the UK before such and such date, rather than simply saying expiring on XXXX. There is always so much space in the vista sticker to write so much about not to use public funds, approval from secretary of state for change of employment, blah blah blah... all that thing!

Not only you, this has actually confused even the Airport staff, i read this one case in this forum.

The guy had ILE and he had already entered the UK using that one, effectively making it an ILR. He then sometime later was coming back to UK after holidays the next time, and the Airport staff did not allow him to board the plane to UK just because they saw that the ILE had expired this time (because of this expiry limit thing on it), although he is effectively holding an ILR (he had activated his ILR by entering the UK once with the ILE within its 2 years time).
But no! He had to get some stupid letter from teh UK consulate to prove that he actually had an ILR although that stupid sticker in his passport conveyed a totally different meaning.

ILE expring in 2 years. Rubbish english phrase to use.[/quote]

transpondia · Post by **transpondia** » Thu May 17, 2007 8:27 pm

Gerry_Marsden wrote:Thanks for all the replies!
Actually her passport expires in 2011, and the visa is valid until 2009.

In that case the ILE in her passport should expire in 2011, but must be used before 2 years. And they would mark subsequent passports with VIPP.

It looks like they meant to give your wife a two-year probationary and did it wrong OR they just didn't get the word.

In all events, a sharp-eyed CW would pick up on it if she ever goes for naturalization because the KOL record would be missing from the computers, and she was issued ILE after commencement.

Post by **John** » Thu May 17, 2007 9:18 pm

a sharp-eyed CW would pick up on it if she ever goes for naturalization because the KOL record would be missing from the computers

Not sure that would be the case because she simply needs to present a pass certificate from the Citizenship Test when she applies for Naturalisation.

There is a possibility that this might be picked up by the immigration officer at the first port of entry, when using the ILE visa. However, if I were you, I would proceed to journey to the UK. Worse case .... the immigration officer at Heathrow, or wherever, determines that something is not right, but nevertheless they are clearly going to let the person in.

But would the computerised record include the information about when the application was made? If not I suspect that there is nothing for the immigration officer to query.

transpondia · Post by **transpondia** » Thu May 17, 2007 9:34 pm

I agree. So it's 34 quid more for the OP.

And yes, the computer record the IO would check has all the dates, but nothing for KOL because that's a different system. So if the IO spots it (and that would be a VERY sharp IO too), there's SFA he can do unless he tries to say it was obtained fraudulently; and it wasn't, so end of story.

Gerry_Marsden · Post by **Gerry_Marsden** » Fri May 18, 2007 2:55 pm

From what I can gather having read around a bit, the ECO in Moscow has issued the visa with ILE without having received a citizenship test certificate. Whether this was a slip up on their part, or perhaps they were aware of this and issued the ILE anyway, I will never know. As far as my wife and I are conerned, the ILE has been issued and we will proceed on that basis. If my wife decides to opt for naturalisation in the future she will, of course, do the citizenship test.

Thanks to everyone for their comments and advice (particularly John), your advice had been invaluable.

Once again, thanks!

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Indefinite Leave to Enter... ? Visa Sucess

Indefinite Leave to Enter... ? Visa Sucess