Anyone had problems re-entering UK with ILE?

Me and the missus returned from her brother's wedding over christmas, and while going through Heathrow Passport Control, we had a few odd things happen.

My wife's passport has two visas, the first is a FLR which has been voided and a ILE (Indefinite Leave to Enter) as she was originally granted FLR, but I faxed a letter to the embassy saying we had been married over five years and were hoping for Idefinite Leave to Remain and they had us fedex her passport over and they voided the FLR and granted her ILE.

When coming through heathrow the immigration officer was very skeptical of this but shrugged it off as 'They made a mistake, you're lucky'. Then she said it expired in April and we'd need to reapply. I explained this was my wife's passport expiration date and that the ILE doesn't have an expiration date.

The immigration officer said the rules had changed and you had to get a new one very two years now. I assume that she was in fact a idiot, and that ILE does not expire.

My wife was originally planning on just carrying around her old passport along with her new one once she renews it, but after that runin with a clueless Immigration Officer, we are now thinking it might be safer to pay the £160 to get it transferred over to her new passport.

Has anyone else run into problems while re-entering the UK with a ILE or a immigration officer just not having a clue about the various visa types?

Edit: Her ILE was granted in April 07, before the knowledge of UK test requirement was introduced.

No but I'm trying to get ILE.  I thought it expires after 10 years?

No but I'm trying to get ILE.  I thought it expires after 10 years?

I don't think there are any expiration limits (other than if you are out of the UK for more than two years), however under the rules introduced in July 2007, you'll now have to get the two year spousal visa, then once i the UK take the life in the UK test after which you can apply for Indefinite Leave (assuming married for four years or more) although anyone please correct me if I'm wrong

I don't think there are any expiration limits (other than if you are out of the UK for more than two years), however under the rules introduced in July 2007, you'll now have to get the two year spousal visa, then once i the UK take the life in the UK test after which you can apply for Indefinite Leave (assuming married for four years or more) although anyone please correct me if I'm wrong

No you are allowed to as long as you pass the life in the uk test.  I did that when i was there visiting.  Of course it is at their discretion.  see here:  http://talk.uk-yankee.com/index.php?topic=38977.0

No you are allowed to as long as you pass the life in the uk test.  I did that when i was there visiting.  Of course it is at their discretion.  see here:  http://talk.uk-yankee.com/index.php?topic=38977.0

Oh that's good then I thought they wouldn't allow you to take the test until you were a resident of the UK (which logically makes no sense!).

the life in the UK requirement came in on April 2 2007, and April 1 was a Sunday...so I'm not sure how your wife's ILE could have been issued before the requirement but still in April.  Am I missing something?

Nevertheless, ILE doesn't have an expiry date, you're right.

the life in the UK requirement came in on April 2 2007, and April 1 was a Sunday...so I'm not sure how your wife's ILE could have been issued before the requirement but still in April.  Am I missing something?

Nevertheless, ILE doesn't have an expiry date, you're right.

We actually applied back in February 2007, I think it might of technically been issued right at the end of March and didn't arrive back to us in the post until the start of April, but regardless it says Indefinite Leave to Enter. Aha!:

http://talk.uk-yankee.com/index.php?topic=32636.msg426501#msg426501

Apparently I posted that we got our Visa on March 31st 2007, talk about JUST getting in under the wire!

And thanks for the reassurement

ah, that explains it- I thought it might have been something like that!

Actually *everybody's* a bit wrong, including the skeptical IO.  Somehow these things, which are actually straight-forward, get all mish-mashed and people get more confused then they need to be.

So some facts are in order.  As stated in the Immigration Act 1971, holders of ILE enter and leave the UK under the interpretations set forth in HC395 Paragraphs 18 and 19.  I suggest people read it if they are affected by it.

In a nutshell, it says that permanent residency the UK is forfeit if the person is out of the UK for more than 2 years in one stretch.  That includes holders of either ILR and ILE.  

For a person who has been issued ILE from a foreign post, Paragraph 18 says that unless it is used within 2 years, it will become invalid.  That is what the IO had apparently mish-mashed when she said it had to be renewed every 2 years.

If an ILE is not used within 2 years, it actually will expire.  Obviously the 2 year clock stops ticking when the person is in the UK.

When the holder of ILE enters the UK, the visa functions as ILR.  This is simply a matter of terminology.  However, when ILE is issued abroad it is given an explicit expiration date which is linked to the expiration date of the applicant's passport.  This is how the nc73's 10 year expiration date got mish-mashed.

nc73's comment about taking the KOL as a visitor is fine.  This is doable.

Again, read the appropriate rules governing the admittance of residents.  They are very clear.

Hope that helps...

And just to say that you are not the only one who falls foul of idiot IO's.  I have just been reading about one guy who got his ILE crossed out and 'NO RECOURSE TO PUBLIC FUNDS' written on their passport, for just the same reason that your wife got pulled up.

Vicky

And just to say that you are not the only one who falls foul of idiot IO's.  I have just been reading about one guy who got his ILE crossed out and 'NO RECOURSE TO PUBLIC FUNDS' written on their passport, for just the same reason that your wife got pulled up.

Vicky

That's awful! We'll definitely be getting it tranferred into her new passport then, shame it's going to cost us £160 because of a worry about coming across a misinformed IO.

When we renew her passport and send it off to be transferred, will they put a ILE in her new passport, or will it be stamped ILR as we're not in the UK? (I realize they're actually the same thing).

IO's have way too much power.  I guess I won't be traveling once my passport expires in 2011.  The fee is 160 just to transfer a Visa???  That's steep.   

That's awful! We'll definitely be getting it tranferred into her new passport then, shame it's going to cost us £160 because of a worry about coming across a misinformed IO.

When we renew her passport and send it off to be transferred, will they put a ILE in her new passport, or will it be stamped ILR as we're not in the UK? (I realize they're actually the same thing).

If you do this outside of the UK you will get an ILE and have the same problems.

I really wouldn't bother.


Vicky

If you do this outside of the UK you will get an ILE and have the same problems.

I really wouldn't bother.


Vicky

We would be doing this in the UK.

Regardless of where you do it, the first time that a IO scans it, it will all come up in the record anyway.  People all over the world have tried ditching their passports because it had pejorative indicators and get surprised when it backfires - it's a naive strategy that only works if they don't scan or check the computer.