DOES THE 2 YEAR RULE APPLY FOR ILE?

[spatel07]

Dear all,

Just wanted to find out whether the 2 year rule applies for somone who has ILE (Indefinite Leave to Enter). Please post any further information or conditions that you may know of regarding ILE.

Many thanks.

[Dawie]

Exactly what 2 year rule are you referring to?

[spatel07]

Hi

I was refering to the two year rule that applies to ILR (Indefinite Leave to Remain) whereby if you stay outside the UK for more than two years, you have to apply for returning resident visas on your return back to the UK.

I was wondering if this rule applies if one has been issued ILE (Indefinite Leave to Enter) from abroad?

Thanks.

[Dawie]

Indeed it would. Indefinite leave to enter (ILE) is exactly the same as indefinite leave to remain (ILR) except that it is issued outside the UK at a British diplomatic post, hence the difference in terms between "enter" and "remain". The other difference is that because it is issued from abroad, there is a time limit in which the ILE must first be "activated" by entering the UK. This date is indicated on the visa itself.

Bear in mind that from the beginning of April 2007 ILE will cease to be issued.

[Stewart]

Dawie-

Are you saying that the ILE must be "activated" within two years of issue date so that you are not "out" of the UK beyond a two year limit?

OR

Can the ILE be activated at anytime prior to the expiration date, which is the date the passport expires and could be beyond two years?

Thats where I think many are getting confused

[Docterror]

The ILE can be "activated" at any time before it expires which usually is the date of the expiration the passport. So if the ILE is valid for say 5 years you can enter any time during the 5 years, way beyond the 2 years in question.

[Dawie]

Yes, the 2 year limit wouldn't start until you have first activated the visa by entering the UK for the first time.

[spatel07]

Hi, thank you for your comments.

I am a little confused, does Indefinite Leave to Enter have an expiry/ time limit? Is it issued for a number of years?

I was and still am under the impression that it's just a stamp that is endorsed on one's passport simply stating 'Indefinite Leave to Enter' without any expiry.

Please correct me if i'm wrong.

Thanks.

[JAJ]

Hi, thank you for your comments.

I am a little confused, does Indefinite Leave to Enter have an expiry/ time limit? Is it issued for a number of years?

I was and still am under the impression that it's just a stamp that is endorsed on one's passport simply stating 'Indefinite Leave to Enter' without any expiry.

As far as I understand the expiry date is normally the same as the passport. However if some time has passed since issue, Immigration may question you on arrival as to whether the relationship is still subsisting.

Once first entry is made, the normal rules for keeping ILR apply.

The question is now academic for those who have not made their application.

[1963British]

As far as I understand the expiry date is normally the same as the passport. However if some time has passed since issue, Immigration may question you on arrival as to whether the relationship is still subsisting.

Once first entry is made, the normal rules for keeping ILR apply.

The question is now academic for those who have not made their application.

I made sure that my family had ILE before both the rule change and fee increase. I also wanted to have it before we sold our family home.

On "first entry" is it reasonable to assume the Immigration Officers questioning if any, would be limited to ensure that the circumstances since application have not changed?

I was rather astonished when I hand carried the applications and the Entry Clearance Officer advised that that the Entry Clearance would be valid until passport expiration.

I am assuming that when our home finally sells and closes, hopefully before fall that entry into the UK should go just fine as the ILE is not expired, marriage is still intact and finances are actually better with the house proceeds. (We actually had an offer to sell our home before we applied but the sale fell through.)

Actually, I had debated taking my family now to the UK but decided against that as the entry clearance application listed our home would be sold before arriving. It was do I take them now without the house proceeds to get "stamped in" quickly or wait until we sell the house.