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Returning Resident Visa Approved with ILE observation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ranadawood
Junior Member
Posts: 63
Joined: Wed Feb 20, 2013 4:11 pm

Returning Resident Visa Approved with ILE observation

Post by ranadawood » Wed Jul 10, 2019 11:43 am

Hi Guys ,

I need your expert opinion . My wife applied returning resident visa after living outside UK and after some struggle we go it approved . Visa issued on passport have following details
Visa - Returning Resident
Valid from - 01/06/2019 valid til 01/12/2019
Observation - settlement, Indefinite leave to Enter

From home office guide line

ECB9.6 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, that is, they can stay indefinitely. ILE carries the same entitlement as ‘Indefinite Leave to Remain’ (ILR) which is issued by the UK Border Agency to those who have already travelled to the UK. Anyone who has ILE does not have to apply for ILR when in the UK.

Although indefinite leave, by definition, will not expire, the ECO is unable to issue a visa to those who meet the criteria for ILE without putting a ‘validity date’ on the visa. In cases of ILE the ‘validity date’ on the visa should match the expiry date on the passport. When the applicant gets a new passport, they can apply to UK Border Agency for a transfer of conditions into their new passport. They do not need to apply for Indefinite Leave to Remain (ILR).

so my question is now this visa is valid till 6 months but according to home office guideline validity is till passport expiry date , so after the expiry date if she want to fly back home and then come back air line and immigration officer could ask visa is expired you can't fly !

Could someone guide here what needs to be done ?

Thanks

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aman90
Diamond Member
Posts: 1677
Joined: Wed Dec 24, 2014 8:41 pm
United Kingdom

Re: Returning Resident Visa Approved with ILE observation

Post by aman90 » Wed Jul 10, 2019 1:51 pm

Get a BRP made in Uk.
A friend of mine travelled on this expired visa many many years but not without hassles.. finally got a BRP.

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