rosiesarah
12 years ago
Indefinite leave to enter is the same as Indefinite leave to return. When the visa is issued out of the UK, it is known as "indefinite leave to enter". The validity date on the visa is the time that you need to activate the visa to show the authorities you have entered the UK - there should be an passport control dated stamp on it when you entered the UK.

You do not need to apply for any other visa to remain in the UK. When your passport runs out, you'll have a ILR visa.

It's a pain in the bottom when you have the validity date as alot of checkpoint control staff do not seem to know this difference. I know because I have the same visa as you!
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mrlookforward
12 years ago
I must also point out that ILE (which is equivalent of ILR when issued abroad) will have " KOL required" mentioned on it somewhere. Once you have arrived in UK, you must pass Life in the UK test within a certain period of time to make the ILE fully valid forever. If you do not pass Life in the UK test within a certain time, your ILE would actually run out and you will become an overstayer. I know of a fresh case where this happened the person was left in the UK as an overstayer. I do not have exact info as to what the time period is to pass Life in the UK test. I will post further info on this board in next 2 weeks as to the exact requirements and procedure to be followed.
mrlookforward
12 years ago
I couldn't be comfortable until I found the correct reply to this ILE question, lol.
So here it is, a definitive answer from UKBA.

ILE used to be same as ILR for all the purposes, even when there expiry date shown on the sticker.

BUT

Now there is a change, because for ILE (which is equivalent of ILR when issued outside UK) there is a requirement to pass Life in the UK test. Now this test can only be passed in UK, and nowhere else in the world. So, ........ even when an applicant has fulfilled all the requirements for grant of ILE, they can never fulfill the requirement of passing Life in the UK test, because they are applying from overseas.

Hence

Now UKBA issues ILE for the period of 2 years, and applicant can then pass Life in the UK test after arriving in UK, and then apply for Indefinite Leave to Remain.

Please do not get confused by the comments of other people who might have got ILE in the past when there was no requirement to pass Life in the UK Test. In the good old days, once you had ILE, you had to do absolutely nothing after arriving in the UK.

Now, this begs another question. Would you need to apply as a new ILR applicant and pay full fee as any other ILR applicant or not?
Well, I do not know the exact procedure, whether you would pay the full fee as any other ILR application or use the same form as any other ILR applicant. But I will trawl and fish out the accurate info in due course and let you know.

But now you know at least why there is a December 2012 expiry on the sticker, and that you do need to pass Life in the UK Test.
rosiesarah
12 years ago
http://www.ukba.homeoffice.gov.uk/ ) to confirm the conditions of the visa you are holding (as I did). It is completely inadvisable to use the information from forum pages regarding your visa as it is your personal responsibilty that you have the right visa to remain in the UK. Hope this clears!

mrlookforward
12 years ago
Hi,
Good to have a lively discussion, but with all due respect to Rosie willmot, I must stress that the first piece of info posted by her as ECB9.6 is out of date. The second piece of info she has mentioned as SET16.1 is latest and up to date. May I also stress there is no guarantee that everything available, specially intricate casework quidance mentioned on UKBA site at a certain point in time may not always be the current quidance at that time. I must also stress that apart from following situations, every person must have passed an LIfe in the UK Test. There are no exceptions and no discretions whatsoever.

There situations are:
The applicant is under 18 years old.
The applicant is 65 years old or more.
Applicants covered by HSMP judicial review policy document.
Applicants who have mental or physical disabilities that make it impossible for them pass test.
Applicants under the protection route. (refugees etc)

regards
rosiesarah
12 years ago
Could I ask how do you know ECB9.6 is out of date and SET16.1 is? They are both out of the same official website of the UKBA as of today 23/09/11.

I strongly urge anyone in this situation to call the UKBA themselves to seek clarification and not rely on any information you may glean from forum boards.
mrlookforward
12 years ago
With due respect,
There is a lot more to immigration law or any other law than just reading information on the net.

Now if I start, it will become a long lecture, and many a times won't be understandable unless someone has real legal knowledge, rather than just reading stuff online.

Leave to enter and remain are granted based on Immigration rules in force at that time. Immigration rules are laid and passed in the parliament, and then and only then they are enforced. UKBA do not have the power to make any changes they want, before parliaments approval.

At any given point in time, there is a set of rules in place that must be followed. Now KoL requirement in current rules. If you care to find out what current rules are or when they came into force, you may contact house of commons, or try to find them in Hansard.

Many of the procedures are numbered by UKBA. So the newer procedures have a greater number. There is a lot of information on UKBA website which is out of date and obsolete.

Settlement guidance 16 is newer and has superceded Entry clearance booklet 9.

And yes, advice received from UKBA advice lines is mostly wrong and inaccurate. The call centre operators are not caseworkers. In many cases they cannot even advice on the correct forms to use. Also, any advice from enquiry lines is not legally binding on UKBA ie You cannot rely on acting on enquiry line advice as a legal relief.

Anyways, I wont comment or reply any further on this topic.

regards
rosiesarah
12 years ago
The UK Border Agency is border control body of the United Kingdom and part of the Home Office. While I may not have any legal experience, it is not difficult to understand that are they are the authority when it comes to immigration and border control of the United Kingdom. The staff at the UKBA are trained to give out accurate and current advice that is in line with the current legislature. They are not call centre operators (as you call them) who are tucked somewhere in India. Saying that they give out mostly wrong and inaccurate advice is incredulous and irresponsible.

Also your understanding that that any rules which rank higher in the numerical order deems it to be more up to date than one which is ranked lower in the order is bizarre.

As ever, I would strongly encourage anyone who have a question regarding their visa to contact the UKBA. Looking up on the Hansard is not going to give you joy as it is the record of debates in the house of parliarment, not the passing of the law and neither will rocking up to the House of Commons to query any questions you may have regarding visas. This was why the UKBA was created in the first place.
mrlookforward
12 years ago
I also suggest that since everything should be referred to UKBA, these forums should be taken off the internet too. Since everything must be clarified with UKBA, all the immigration advisors/solicitors and barristers should also be barred from practising.

Also let me make a slight clarification, UKBA or any other department do not control anything. They carry out their duties according to law. If they do something which is contrary to the law, then it can be challenged in a court of law, and courts can and do overturn their decisions, which happens on a daily basis.
I could give you a list of 100s of cases where UKBA has been doing things that were illegal, and were giving people wrong advice, they still do it.
UKBA is not supreme, law is.
rosiesarah
12 years ago
These forums (as most are on the internet) are for discussion, not taken as factual information.

All immigration advisors/lawyers take their directives from, you guessed it, UKBA because...

The UKBA is the border control body of the Home Office and...

The Home Office controls the lead government department on for policies on immigration, passports etc.

If you think have hundreds of cases that the UKBA are doing that are illegal, you then have a duty to report it.



mrlookforward
12 years ago
Well, they do get reported. Unlawful decisions get challenged on a daily basis. Courts regularly overturn UKBA decisions. You must be living in acuckoo land to think that UKBA is always right.
And who told you that advisors/lawyers take directives from UKBA?
UKBA has no power whatsoever to issue any directives. They have not issued a single directive till date, let me know if you know of one. UKBA is a executive agency of home office. That means they execute the law, they do not make the law. They must at all time act within immigration acts, and immigration rules which are passed by parliament.

In past few years they have faced major embarrasment on dozens of times, after loosing high profile cases, where their practices were ruled unlawful by courts.

But it just seems you are one of those "online" intelligencia, who read bit and bobs of info from here and there, sometimes wikipedia, which itself is full of incorrect contents, and think that somehow you are an expert.

Suggesting that lawyers and advisors who challenge UKBA take directive from UKBA is ludicurous and laughable. You are saying that in a court case, the defending solicitor takes directives from prosecution. You must be mad to suggest it. Please do not make comments like this again, otherwise people will think that you are insane.Just goes to show that you just want your post to be that last word, and what you thought was absolutely correct.

You just found out a tiny bit about you situation, and you think you are an expert?

OMG, some people do irritate.


rosiesarah
12 years ago
Let's not throw names at each other as you have mentioned in your 2nd post this is a lively discussion. We should be adults here and not be emotion just because someone disagree with us. Unfortunately alot of what you said (suggesting that that is my opion) are your words, not mine so I do have a right of reply to set thing straight:

You said you know of 100s of cases which are corrupt and I say good, report them. Then you say I am living in "acuckoo" land wherever it is. Of course we are all subject to accountability and no system is perfect. Look back at my post - I maintain the UKBA is the point of reference if any one has any immigration issues they should refer to it. You are the one that is going on about their intergrity and corruptness.

Issuing a directive does not mean making the law. As you agreed with me it means executing the law, acting within immigration rules passed by parliarment. You agreed with me here.

You strike me as well as another "online intellingencia". You've give more "online advice" on this forum than anyone else (certainly more than me!). I on the other hand have only commented on this topic on the sole basis that I actually do know what I am talking about. You may dispute that but I was merely giving my thoughts. Hardly advice!

I have not said "defending solicitor takes directives from prosecution". Again, your words not mine.

On the subject on insanity, you are the one who suggested that any ruling is more update simply on the sole basis it is is marked higher on the numerical scale. That is bizzare.

As for wanting the last word, you said (in your 3rd post) that you weren't going to comment further on this subject but you are still replying to this thread?

I maintain everything I have said on this thread. I am not asking you to agree with me. Bearing in mind you are quite an active participant on this forum, it doesn't look nice on you if you start calling someone names because you disagree with what they are saying.
lahoucine
10 years ago
Hey everybody , I looking for school learn english in uk ,some friends saying its free but I can't find it free , I'm in uk now 8 months and I have spouse visa ,in 2 years I need change it for visa forever but need a test for that ,if anyone have idea about thes plz help ,what's school I need to do because I only have 1 year and 4 months ,thanks everyone
My email is. Lhoucine_8@hotmail.com
lahoucine
10 years ago
Hey everybody , I looking for school learn english in uk ,some friends saying its free but I can't find it free , I'm in uk now 8 months and I have spouse visa ,in 2 years I need change it for visa forever but need a test for that ,if anyone have idea about thes plz help ,what's school I need to do because I only have 1 year and 4 months ,thanks everyone
My email is. Lhoucine_8@hotmail.com
charles5480
10 years ago

Trinity College is approved by UKBA to take the test. You will pay £110 for Listening and Speaking in English which is tested to Esol Level 3 on CEFR at B1. They have branches almost everywhere. Just find the centre close to you.


I did my recently and I passed with distinction. So, All the best.

mrlookforward
10 years ago
He / She is asking for somewhere to learn english, not trying to find a test centre.

regards
emad13335@yahoo.com.1330536375
10 years ago

Hello Eerybody


I hold Visa Settlement spouse/CP.


Below the stamp is written Indefinite Leave to Enter the UK.


this visa has the valid from 1st of December 2010 to 1st of December 2012, but my passport expiry date is 9th of December 2014.


my question is:


since it is an Indefinite Leave to Enter then why it has a validity less than my passport expiry date?


will i need to apply for another visa after December 2012?


please help me i really confused :-(


Regards