# Indefinite Leave for UK - Passport expiry



## MsOz (Nov 26, 2011)

Hi There,
I am married to a UK citizen and have been living here in the UK for 6 years on an Indefinite Leave visa. Everything is fine except my Australian passport is going to expire next year and my UK visa says it runs out when the passport runs out. Does this mean I have to apply all over again just because my Australian passport expires? I have heard somewhere that you just carry your expired passport with you as well as your new one. Any feedback would be greatly appreciated. MsOz


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## nyclon (Apr 3, 2011)

If you've had Indefinite Leave to Remain for 6 years, you're eligible for citizenship.

Edited to add: Indefinite Leave to Remain only expires if you leave the UK and take up residence in another country for 2 years.


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## MsOz (Nov 26, 2011)

Does that process take a great deal of time or money?


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## nyclon (Apr 3, 2011)

Here is a link to the UKBA website with information regarding obtaining UK citizenship:

UK Border Agency | British citizenship

Here is a link to the UKBA website which states the fees for naturalization:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/britishcitizenship/nationality-fees.pdf

It looks like the cost is currently £836.


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## MsOz (Nov 26, 2011)

Thanks for the link, I appreciate everyone's help. To be honest, we think we will only be in the UK for another year so I don't know whether I want to spend nearly £1000 on citizenship so close to leaving. That is why I am exploring just keeping the indefinite leave visa for minimum cost. Have you heard of people carrying the visa in the old passport and not having problems with re entry.


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## nyclon (Apr 3, 2011)

> my UK visa says it runs out when the passport runs out


I'm confused about this. You lose Indefinite Leave to Remain if you leave the UK and reside in another country for 2 years. It is what it says on the tin so to speak--Indefinite. If you do in fact have Indefinite Leave to Remain, yes you should have not problem travelling with your old passport which has the Indefinite Leave to Remain vignette and your new passport. The Indefinite Leave to Remain sticker in your passport should not have an expiration. 

Other than that, while getting citizenship is pricey, it also means you will never have to worry about getting a visa to live in the UK again. You say you're leaving in a year, but as your husband is British, you never know if you might be drawn back to the UK for some reason. Just something to think about.


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## MsOz (Nov 26, 2011)

Hi Nyclon,

Right, just went and got my passport so I don't add to the confusion. 
I have a 'Multi Settlement wife visa with indefinite leave to enter the UK' it says valid from 01/12/05 and then valid until 24/05/12 ( which is the date my australian passport expires).

So you see my confusion. I have indefinite leave but also an end date due to the expiry of my passport. 
I also take your point about citizenship. I am the only one in the family without a British passport , might be insurance for the future and end my long wait at Heathrow while everyone else goes through the fast lane. 

Cheers


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## Joppa (Sep 7, 2009)

MsOz said:


> Hi Nyclon,
> 
> Right, just went and got my passport so I don't add to the confusion.
> I have a 'Multi Settlement wife visa with indefinite leave to enter the UK' it says valid from 01/12/05 and then valid until 24/05/12 ( which is the date my australian passport expires).
> ...


See:
_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)._
UK Border Agency | ECB09 - Entry clearance vignettes: types, safeguarding and validity

It costs £216 by post (or £648 in person) to have your ILE transferred to your new passport, or you can just carry both passports when travelling.

Another advantage of British citizenship is when travelling in most of Europe, where you are no longer subject to Schengen limit of 90-in-180 days, and the freedom to live, work and retire just about anywhere in Europe. If you leave UK without getting naturalisaed, you will have to meet residential qualification again (3 years in UK) before you are able to apply, unless you quickly change your mind and return to UK (within 90 days to apply immediately, within 270 days minus any holidays to apply after a year).


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## rifleman (Jun 24, 2011)

Well you have confused me. I am a brit and my wife got indefinate leave in 2005, the same year as you.
I am looking at her visa now. It is headed "Residence Permit" and on the line which reads Valid Until it says "Indefinite"

On the line which reads Type of Permit it says "Settlement"

So it seems different to what you have.


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## Joppa (Sep 7, 2009)

rifleman said:


> Well you have confused me. I am a brit and my wife got indefinate leave in 2005, the same year as you.
> I am looking at her visa now. It is headed "Residence Permit" and on the line which reads Valid Until it says "Indefinite"
> 
> On the line which reads Type of Permit it says "Settlement"
> ...


Because your wife obtained her ILR in UK (when you get residence permit) and the OP got hers as visa (ILE) in Australia, presumably. While they have the same effect, there are subtle differences between the two - leave to remain and visa.


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## MsOz (Nov 26, 2011)

Thank you so much for this. I have now saved this link into my favourites. I have spent quite a bit of time looking for this information on the UK Border Agency site and was unable to find information relating to my exact situation. 

Will be able to sleep easy again and certainly the citizenship idea is food for thought.

Cheers


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