# Indefinite Leave to Enter?



## sophiedahab (Apr 25, 2012)

Hello,

Im new and Im not sure if im posting in the correct forum. Does anyone have any personal experience of the Indefinite Leave to Enter?

Im British, my husband Egyptian, we have been living together for ten years, married for five, we have 2 kids, he currently has a five year multiple entry UK visitor visa but we plan to return to the UK to settle.

I was hoping that my husband would be eligible for the ILE, we would need to pop back to the UK to sit the 'life in the UK' test quickly but other than that we meet all the criteria. However, In Egypt we have to deal with Worldbridge Visa Services rather than the embassy and I'm not sure the information I'm getting is correct (I have had problems with them in the past) and before I complain to the embassy I thought I had better get my facts straight 

This is what Worldbridge said when I asked about ILE:

"The applicant cannot apply for an Indefinite Leave to Enter outside the UK, he first needs to apply for a settlement visa. Kindly read carefully the settlement visa information. If you are outside the UK you need to apply for a visa in order to enter the UK"

They have none of our personal details other than I told them we met all the criteria stated for ILE. Are they just being clueless as not so many people take this option or am I totally confused about what our options are! :confused2:

Also ILE versus settlement visa for 24 months until we can apply for ILR - Is it really worth us trying to get ILE or will my husbands situation in the UK be the same until he eventually gets ILR? Does ILE have any real benefits? Does anyone have any personal experience with this?


Many thanks in advance.


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## Joppa (Sep 7, 2009)

sophiedahab said:


> Hello,
> 
> Im new and Im not sure if im posting in the correct forum. Does anyone have any personal experience of the Indefinite Leave to Enter?
> 
> ...


I agree with you that WorldBridge in Egypt is clueless.
There is one set of rules for settlement visa - the only difference is how you apply and stages involved between the countries of application.
Don't worry - it's the UKBA who will process your application, who should know the rules.
Provided your husband passes the Life in the UK test, then he should get indefinite leave to enter visa, though it isn't guaranteed. People who apparently meet all the criteria have been issued with limited leave to enter, 27-month spouse visa.


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## sophiedahab (Apr 25, 2012)

Many thanks Joppa.

Can I ask your opinion on Indefinite Leave to Enter versus the normal Settlement 27 month visa? 

Is it worth us making the effort to get the life in the UK test done and applying for a visa that they don't seem so familiar with here in Egypt rather than just getting the 27 month settlement visa - and then applying for ILR after 24 months?

Basically what benefit would we see from the ILE during those first two years? Would it save us a lot of money in the end? or give my husband more rights in the UK?

and yes Worldbridge in Cairo are a nightmare. We once traveled 800km for a visa appointment booked weeks earlier to find a hand written (in broken English) note on the door saying they had closed early and to come back tomorrow. 

Thanks again.


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## Joppa (Sep 7, 2009)

sophiedahab said:


> Many thanks Joppa.
> 
> Can I ask your opinion on Indefinite Leave to Enter versus the normal Settlement 27 month visa?
> 
> ...


If your husband can travel to UK on tourist visa and sit and pass Life in the UK test (they may ask for proof of UK address so have something ready, like bank statement (even in your married name), then he can enclose the pass notification letter (issued after the test) and should be given indefinite leave to enter visa and will be accepted for settlement on arrival in UK. If he only gets 27-month spouse visa, he will have to pass the test after arrival and then apply (without waiting for 2 years) for ILR but full fees will be charged (£1377 by premium service). With ILE, he can access public funds (though on application you must show he can maintain himself without recourse to public funds) and all other conditions of his stay are removed (no longer subject to immigration control), He can then apply for naturalisation after 3 years. Only with British passport will he have right to travel, live and work throughout EEA without visa. ILE/ILR alone does not.


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## waleed205 (Jan 3, 2013)

sohiedahab

did you apply for IRE?

I am on the same situation as yours (applying from Kuwait). My wife and I are moving there together. We don't have a place to live there yet. We are planning to stay in a hotel or extended stay apartment, then look for a place to live. Will that be acceptable for UKBA? How can we input that in the application form?

I have a job offer in the UK, but they will not accept it since I am not in the UK. We will have to revert to our savings to qualify.

I am just getting your opinion, since I feel you have done lots of search. Thanks


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## sophiedahab (Apr 25, 2012)

waleed205 said:


> sohiedahab
> 
> did you apply for IRE?
> 
> ...


We are now in the UK - just. I'm sorry to say I'm not sure you have the same options we did now we are post 9 July 2012 UK immigration changes.

We were seriously looking into the ILE option, we qualified in every way and simply had to fly my husband into the UK to sit the 'life in the UK' test and then apply for the visa - then all the regulations changed. We discovered in late June last year of the proposed visa changes and spent the next 10 days throwing a settlement visa application together, even had to fly my husband at one days notice to London to sit the now compulsory English language exam (as there were none in Egypt in the next 4 weeks). We were VERY lucky to get in before the deadline and have our application judged on the previous criteria. We would not have got the visa if we had missed this deadline as the new criteria seriously effects families like mine. As a mother of two pre-school children I have been out of work for a few years and the only thing they are interested in now is how much the British person earns. It didn't matter we have property abroad or that my husband had a job offer in the UK it was all based on what I earned or didn't in our case. As far as i know the ILE option doesn't even exist anymore, there is no fast track option and the 2 year probationary period is now 5 years. 

I sent my mother to citizens advice bureau to get advice from an immigration lawyer who gave us some helpful advice.

Good luck, they really don't make it easy - unless you have a large amount of money in the bank or a job paying above threshold. Im not sure that where you plan to live is as big a deal if you can prove that you will be earning the required amount.

All the best.


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## Joppa (Sep 7, 2009)

Yes, the post-July 9th rules change will affect you. If you can qualify on savings - £62,500 held for 6 months - then you will get a visa valid for 30 + 3 months, which you renew once and then apply for settlement after 5 years. As for accommodation, temporary accommodation will do plus a firm plan for getting somewhere permanent, with indications of location, size and rent payable.


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## waleed205 (Jan 3, 2013)

Thanks all,

Does settlement here mean nationality/citizenship? Or permanent residency?

After 5 years, do you become a citizen? Or you start counting 3 years of residency to qualify?


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## teuchter (Dec 12, 2011)

waleed205 said:


> Thanks all,
> 
> Does settlement here mean nationality/citizenship? Or permanent residency?


Permanent residency.



> After 5 years, do you become a citizen? Or you start counting 3 years of residency to qualify?


After *5* years of residence in the UK, you can _apply _for 'Indefinite Leave to Remain' (ILR = permanent residency). Do not confuse this with naturalisation as a UK citizen - they are unrelated.

You cannot simply 'become' a UK citizen. As a spouse of a UK citizen, the naturalisation rules state that (a) you must have been resident in the UK for a minimum of three years AND (b) you must be free of immigration restrictions (ie have ILR) - which, as explained above, you can only achieve after 5 years - before you can apply. There is no shortcut.

teuchter


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## Joppa (Sep 7, 2009)

Plus before gaining settled status, you must pass the Life in the UK test.


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