ILE expired

Old Nov 30, 15, 4:16 pm
  #1  
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ILE expired

Hi guys, I have a quick question.

I hold a Nepalese passport which has Indefinite Leave to enter the UK. I came here with a Visa settlement accompanying parent about 8 years ago. My problem is due to me having some personal problems, wanted to leave the UK after I finished my studies (I graduated this year), and move back to Nepal. However, now I have changed my mind and applied for Naturalization to stay in the UK.

The main concern is because these things take about 6 months to complete and my visa and passport are due to expire next month, what does this mean for me?

I have been applying for jobs and 1 employer pointed out to me that since my passport and visa are going to expire that I may not have the right to work in the UK. Is that completely true?

If so, do I need to apply for a work permit to work in the UK while I wait for my red passport? Or is there an alternative as work permits take time as well and I need to convince my potential employers that I can sort this out as quick as possible.

Thanks,
Sankhar
Sankhar Limbu is offline  
Old Nov 30, 15, 5:14 pm
  #2  
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I suggest you contact a properly regulated UK immigration practitioner who will be able to give you proper legal advice.
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Old Dec 1, 15, 2:48 am
  #3  
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Hello

Thanks for the reply! Could you direct me to some links or phone numbers as to where I can contact one?

Thanks
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Old Dec 2, 15, 2:31 pm
  #4  
 
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If you have been outside the UK for less than 2 years your ILR is still valid. Carry your old passport with the ILR stamp, along with your new passport to present both to immigration.
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Old Dec 2, 15, 4:08 pm
  #5  
 
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Originally Posted by Sankhar Limbu View Post
Hi guys, I have a quick question.

I hold a Nepalese passport which has Indefinite Leave to enter the UK. I came here with a Visa settlement accompanying parent about 8 years ago. My problem is due to me having some personal problems, wanted to leave the UK after I finished my studies (I graduated this year), and move back to Nepal. However, now I have changed my mind and applied for Naturalization to stay in the UK.

The main concern is because these things take about 6 months to complete and my visa and passport are due to expire next month, what does this mean for me?

I have been applying for jobs and 1 employer pointed out to me that since my passport and visa are going to expire that I may not have the right to work in the UK. Is that completely true?

If so, do I need to apply for a work permit to work in the UK while I wait for my red passport? Or is there an alternative as work permits take time as well and I need to convince my potential employers that I can sort this out as quick as possible.

Thanks,
Sankhar
Hi Sankhar and welcome to FT.

I don't think you're going to get a lot of help here, nor do I think that you should take the advice on this board altogether seriously. This is not to suggest that we don't have the best will in the world, but you need to speak to a qualified immigration solicitor about this.

At the very least, find an immigration-related board (such as www.immigrationboards.com), where others have been through this before you.

I did a brief google search of ILE and found this page which has the following to say about Indefinite Leave to Enter the United Kingdom (emphasis added):
The validity of the entry clearance and the leave to enter given are normally the same. The ECO should check the applicant’s visa application form (VAF) for the proposed date of travel in order to prevent unnecessary applications for an extension of stay, and possible claims for a refund of the extension fee.

There are two significant dates on the entry clearance:

The ‘effective’ date which is the date on which the entry clearance is issued (and therefore the date on which the applicant can travel)

The ‘expiry’ date which is the date when the entry clearance will not be valid for travel to the UK, and nor will it confer leave to enter. The ‘expiry’ date for applicants who qualify for ILE should represent the expiry date of the applicant’s passport and does not indicate an expiry of ‘indefinite leave to enter’

For applicants in long-term categories who are subject to either a qualifying period before applying for settlement, or to a limit on their total length of stay in that category, leave to enter should begin on the date they arrive in the UK. This will ensure that they are able to meet the qualifying period within the validity of their entry clearance and avoid unnecessary applications for extensions of stay.
This would imply that, even though the entry-clearance stamp has an expiry date which almost certainly corresponds with the expiry date of your passport, your actual ILE status does not actually expire on this date. This would make sense, since it is Indefinite Leave to Enter, after all.

The page then goes on to say the following (emphasis added):
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).
Contact an immigration solicitor and get this sorted through him or her.

Best wishes to you.
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