ILE/ILR?

Ok...well at least the mystery in my situation has been clarified by the British Consulate in New York via telephone this morning. IF you're married for 4 years or longer and residing outside the U.K and applying for an Entry Clearance based on Spousal Settlement they MAY in their discretion issue the visa for 10 years if you are seeking settlement at the same time as your British spouse who has Right of Abode(which is what I received). Prior to the expiration date you must file for ILR. There is NO timeframe in which one must use the visa or initiate it, Indefinite Leave To Enter is good for the entire 10 years and is good for multiple entries. The rules are applied differently however if the parties have been married for less than 4 years and the visa was applied for here in the States or 2 years in the U.K, thus the requirement for applying for ILR prior to the expiration date of those visas. Once I eventually do enter the U.K permanently my passport will be stamped with ILE by Immigration.

P.S....the lovely and patient woman at the Consulate did however remind me that if I left the U.K for 2 years or longer all bets were off and I'd have to reapply all over again.

Ok, so then this raises a question in my mind about applying for naturalisation.  Because one of the stipulations when you apply for naturalisation is that you have indefinite leave to remain in the UK.  So if you have an ILE that expires in 10 years, would that mean you would have to wait until after that 10 year period to apply for naturalisation or would you still be able to apply after 3 years?  

Maybe it's not even an issue for you Celtic because I don't know if you intend to apply to naturalise or not, but it does make me wonder.

Well to be honest elle it is'nt an issue with me if only for the fact that I can't think that far ahead for one, and for another there'd probably be some unexpected hurdles with my government pensions. The particulars in my situation may not,and probably don't apply to yours as I applied already being married for over 4 years and we both have lived in the States together for all that time when I did apply. What does your visa say on it? What's the expiration date? If you were married for less than 2 years when you applied then it was probably good for 2 years and you need to follow the route of FLR and ILR, which your'e probably already doing and so your situation is probably more the norm than mine. All I can suggest is to phone the Home Office and let them tell you what you need to do. It seems evident to me that the Consulates and Home Office have different criterias that need to be met depending on where the visas are issued.

If married to a Brit, you have to have lived in the UK for 3 years, with no time limit on your stay when you apply. The 10 year hence date on the ILE is just the last date you can enter the UK to take up residence without applying again, I think. It does not mean you cannot apply for naturalisation after 3 years like anyone else could.
At least, that's how I read it.
Btw, becoming a UK Citizen should not affect US pension rights. As far as the USA is concerned you are still American.

Well to be honest elle it is'nt an issue with me if only for the fact that I can't think that far ahead for one, and for another there'd probably be some unexpected hurdles with my government pensions. The particulars in my situation may not,and probably don't apply to yours as I applied already being married for over 4 years and we both have lived in the States together for all that time when I did apply. What does your visa say on it? What's the expiration date? If you were married for less than 2 years when you applied then it was probably good for 2 years and you need to follow the route of FLR and ILR, which your'e probably already doing and so your situation is probably more the norm than mine. All I can suggest is to phone the Home Office and let them tell you what you need to do. It seems evident to me that the Consulates and Home Office have different criterias that need to be met depending on where the visas are issued.

I think you're confusing my question as it concerning my own situation.  I was asking specifically about your situation or a situation like that not mine.

I already have ILR and there is no expiry on it.  So the question wasn't relevant to me.  And I got mine under the "old rules" whereby I only had to wait a year before applying for ILR.

I already have ILR and there is no expiry on it.  So the question wasn't relevant to me.  And I got mine under the "old rules" whereby I only had to wait a year before applying for ILR.

Yeah, go ahead and rub it in.    (You know I'm kidding!)

Yeah I probably was .........but nah.......I've got no interest in naturalization or dual citizenship so I really would'nt know.

Yeah, go ahead and rub it in.    (You know I'm kidding!)

*rub rub rub*  

Yeah I probably was .........but nah.......I've got no interest in naturalization or dual citizenship so I really would'nt know.

Ok, cool.  [smiley=thumbsup.gif]

When we moved here in August , We applied for our visas in person in NY. I was given an entry clearence visa and had to apply for my FLR within 6 months, My son however was given an indefinate leave to enter with an expiration of 2013, they said it was because his father is british. When we went to get my FLR the immigration officer said she could'nt understand why they gave him 10 yrs. She also said that the home office changes things so often now that they don't always know what's right or wrong.She said we may have a problem when entering next time but she didn't offer any solution and just said"well if theres a problem you'll find out"Lotta good that does us.

Ok..hopefully I can put this to bed now after spending the last 10 minutes on the phone with someone from the Home Office. Sqirrel's correct......the 10 year expiry date IS the last date in which you can use the visa otherwise you need to apply for a new one. What I received (and obviously your son too) is a Settlement Visa. The Home Office has no idea why some Consulates are'nt explaining this. No need for FLR/ILR applications.....the Settlement Visa marked Husband, Wife,Son etc is all you need for now............until the next time they change the rules

Glad you got it sorted out!

Thanks for the info, he'll be getting his UK pasport but now I'm not stressing about having to do it right away.