# Indefinite Leave to Enter - Confused!



## Paisley (Oct 10, 2013)

Hi All,

I have received our visa and it is "Indefinite Leave to Enter" with a validity of 4 years (14/10/13 to 14/10/17) what does this mean? I thought we have to wait for 2.5 years and apply for Indefinite Leave to Remain? 

Thank you


----------



## nyclon (Apr 3, 2011)

What visa did you apply for? Visas applied for and received outside of the UK give you indefinite leave to enter. Indefinite leave to remain is something different and you can only apply for it after you have lived in the UK for a specified amount of time usually 5 years.


----------



## Paisley (Oct 10, 2013)

nyclon said:


> What visa did you apply for? Visas applied for and received outside of the UK give you indefinite leave to enter. Indefinite leave to remain is something different and you can only apply for it after you have lived in the UK for a specified amount of time usually 5 years.


Thanks Nyclone.

I applied as Settlement Visa for Unmarried Partner with dependents (2 children), will this mean I can work? And why is the validity 4 years when I can only apply for ILR after 5 years?

Paisley


----------



## nyclon (Apr 3, 2011)

Are you sure you are reading it right? Does it also say marriage/unmarried partner or something similar? It should actually be valid for 33 months if you applied outside of the UK. You are given 3 months to get your affairs in order and you should arrive in the UK with at least 30 months left on the visa. After 30 months you basically have to apply for an extension in the form of FLR-further leave to remain- which is good for another 30 months. After 5 years you can apply for ILR.


----------



## Paisley (Oct 10, 2013)

Actually, I have't received my passport but I have received thos of my two children;

Type: Visa Settlement Accommpanying Mother to join Father
Obsrs: Indefinite Leave to enter the UK
Valid from: 14/10/13 
Valid until: 14/10/17


----------



## nyclon (Apr 3, 2011)

I don't think there is a reason why your children's validity dates should be different than yours. Maybe someone else can shed some light on this. Possibly it is just an error in which case you will need to contact them and ask for the passports to be corrected. Wait until you receive your passport back. It should indicate valid from and to dates something like 14/10/13 - 14/7/16.


----------



## Paisley (Oct 10, 2013)

Thanks Nyclon, so is Indefinite leave to enter (ILE) similar to Indefinite leave to remain (ILR)? Will I be able to work as soon as I get to the UK?


----------



## nyclon (Apr 3, 2011)

You are able to work on a spouse/unmarried partner visa. ILE is not the same as ILR. ILR is permanent residence which means you are free from immigration control. A spouse/unmarried partner is also referred to ILE.


----------



## Joppa (Sep 7, 2009)

While we have to wait until you get your passport back to be certain, it may be that your children, whose other parent is settled in UK, is allowed to enter with indefinite leave derived from their UK-settled parent, being under 18. You, however, will have to live in UK for 5 years with a renewal of leave at half-way stage and pass the Life in the UK test before you can apply for settlement (indefinite leave to remain).
UK Border Agency | Children of British citizens and settled people

ILE and ILR are very similar - both allow you to stay in UK without any immigration restrictions. ILE is nowadays given in a few cases where applicants already qualify for settlement on arrival, while ILR is for anyone else who has to serve probationary period, usually 5 years, living in UK before eligible for settlement.


----------



## Paisley (Oct 10, 2013)

Thanks Joppa, sorry for the incomplete information but my partner is not the kids biological father, they may have considered our circumstances being my partner having a cancer. Will update you tomorrow when i receive my passport.

Thank you again


----------



## Joppa (Sep 7, 2009)

Possibly. Also the validity of 4 years relates to the expiry of their passports, probably.


----------



## Paisley (Oct 10, 2013)

Dear Joppa and Nyclon,

I finally received my passport and it is;

Type: Visa Settlement to join/acc partner - (name of sponsor)
Validity: 14/10/13 to 14/07/13 = (33 months)
Obsvrs: Indefinite leave to enter the UK
Dependents: 0

Questions;

1. Am I going to take my KOL upon arrival in the UK or wait for 30 months?
2. I have two children along with me with the same visa but different validity, is it usual 
that their name is not mentioned under "Dependents"?
3. After passing the KOL in 30 months, can I apply for Citizenship?

Thanks again in advance.

Grace


----------



## nyclon (Apr 3, 2011)

Paisley said:


> Dear Joppa and Nyclon,
> 
> I finally received my passport and it is;
> 
> ...


You can take the Life in the UK test anytime you want. It is a requirement for ILR which you will be eligible for in 5 years so you can take the test anytime between your arrival and then.



> 2. I have two children along with me with the same visa but different validity, is it usual
> that their name is not mentioned under "Dependents"?


I don't know.




> 3. After passing the KOL in 30 months, can I apply for Citizenship?


No.

After you have lived in the UK for 30 months on an unmarried partner visa you will need to apply for FLR - which is further leave to remain - and is good for another 30 months. After 5 years and passing the Life in the UK test you apply for ILR. Once you have ILR you can apply for citizenship.


----------



## Paisley (Oct 10, 2013)

Thanks Nyclon,

But I have an Indefinite Leave to Enter which is similar ti Indefinite Leave to Remain. 

Paisley


----------



## WestCoastCanadianGirl (Mar 17, 2012)

Paisley said:


> Thanks Nyclon,
> 
> But I have an Indefinite Leave to Enter which is similar ti Indefinite Leave to Remain.
> 
> Paisley


_Indefinite Leave to *Enter*_ means that between 14/10/13 to 14/07/17, you could leave and come back into the UK 500 times or you could leave and come back once or twice... the UKBA doesn't really care. 

This visa is basically a Multiple Entry Visa but does not have a limit as to how many times you can come and go without question during a pre-determined length of time. You must renew this visa before it expires.

At this time, you qualify for Indefinite Leave to Enter, as you have fulfilled the requirements of that visa.



_Indefinite Leave to *Remain*_ means that you can leave and come back to the UK as often as you wish without any question *and* you are allowed to stay for as long as you wish.

This visa is also a Multiple Entry visa, but _unlike_ Indefinite Leave to Enter, _this visa *does NOT* have an expiry date_.

At this time, you _*do not*_ qualify for Indefinite Leave to Remain, as you have not lived in the UK for 5 years. You must first finish your current visa plus another Indefinite Leave to Enter visa (2.5 more years) for a total of 5 years (or more) before you are eligible for Indefinite Leave to Remain.


----------



## nyclon (Apr 3, 2011)

WestCoastCanadianGirl said:


> _Indefinite Leave to *Enter*_ means that between 14/10/13 to 14/07/17, you could leave and come back into the UK 500 times or you could leave and come back once or twice... the UKBA doesn't really care.
> 
> This visa is basically a Multiple Entry Visa but does not have a limit as to how many times you can come and go without question during a pre-determined length of time. You must renew this visa before it expires.
> 
> ...


I don't think that's correct. 

From the UKBA website:

_ECB9.6 Indefinite Leave to Enter (ILE) and Indefinite Leave to Remain (ILR)
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)._

I'm not sure when you will be eligible for citizenship but you will definitely have to take the Life in the UK test. It will either be 3 years or 5 years. Joppa should be able to shed more light on this.


----------



## WestCoastCanadianGirl (Mar 17, 2012)

Ah, I stand corrected.

I do agree that you'd be required to meet both the Life in the UK test and the English Language requirement (as necessary). You don't need to wait to take the LiUK test (other than the 7 day wait between registering/paying for the test and the actual test date)... you can apply to sit the test as soon as you can get in front of a computer on the day that you arrive. 

There is no limit on the number of times you can sit the test before you get a pass (you still have to pay every time you sit the test)... if you pass on the first try, then that's great... if it takes you 2 or more tries, that's fine too... you just need to pass the test once when you get here and then you're good to go. 

Just don't lose the pass letter, as you'll eventually need to show it.

Good luck and welcome to the UK!


----------



## Paisley (Oct 10, 2013)

Thanks Nyclon and Westcoast,

That's another thing coz as i read from the UKBA i should get (KOL required) endorsement, but i dont see that in my visa nor a letter endorsing me to take KOL upon arrival in the UK.

Oh well, maybe i just have to find this out once i get there.

Thanks again to you both.

X


----------



## nyclon (Apr 3, 2011)

Paisley said:


> Thanks Nyclon and Westcoast,
> 
> That's another thing coz as i read from the UKBA i should get (KOL required) endorsement, but i dont see that in my visa nor a letter endorsing me to take KOL upon arrival in the UK.
> 
> ...


The KOL required designation is no longer given as it was eliminated when the rules changed last year. For spouses (I am not sure it applied to unmarried partners) who had lived together outside of the UK for 4 or more years it allowed you to apply for ILR as soon as you passed the Life in the UK test after you arrived in the UK . As you already have ILE you're basically ahead of the game but as already stated you will need to pass the test before you can apply for citizenship (whenever that may be) and you can take it anytime as the results don't expire.


----------



## 302993 (Oct 8, 2013)

Paisley said:


> Hi All,
> 
> I have received our visa and it is "Indefinite Leave to Enter" with a validity of 4 years (14/10/13 to 14/10/17) what does this mean? I thought we have to wait for 2.5 years and apply for Indefinite Leave to Remain?
> 
> Thank you


 Congratulation on your visa.
I didn't know that the UKBA still issues ILE??I thought the rule was abolished last year..... 
Paisley,did you request for it when you apply for spouse visa?


----------



## nyclon (Apr 3, 2011)

Missis D said:


> Congratulation on your visa.
> I didn't know that the UKBA still issues ILE??I thought the rule was abolished last year.....
> Paisley,did you request for it when you apply for spouse visa?


What was abolished was the KOL required stamp. ILE is rare but in the OPs case it was likely issued for compassionate reasons in light of the fact that her partner has cancer.


----------



## Paisley (Oct 10, 2013)

Hi Missis D,
Thank you and Yes that was what i have selected when i started filling my online application. 
It must be due to all the evidence we have provided that we have been living together for 8 years. 
I read that this does no longer exists but maybe we have a compelling circumstances that leads to their approval.


----------



## Paisley (Oct 10, 2013)

nyclon said:


> What was abolished was the KOL required stamp. ILE is rare but in the OPs case it was likely issued for compassionate reasons in light of the fact that her partner has cancer.


Nyclon, what do mean by "Kol required stamp being abolished"?


----------



## nyclon (Apr 3, 2011)

Paisley said:


> Nyclon, what do mean by "Kol required stamp being abolished"?


It's just that visas are no longer issued with KOL required which meant that if you had that designation on your visa in your passport, as soon as you took the Life in the UK test you could apply for ILR. As I said, prior to the rule change some consideration was given to those who were married for 4 or more years and living abroad. Instead of fulfilling what was then a 2 year residency requirement before being eligible for ILR, they were allowed to apply for ILR as soon as they passed the Life in the UK test after arriving in the UK. You still have to take and pass the Life in the UK test.


----------



## 302993 (Oct 8, 2013)

nyclon said:


> What was abolished was the KOL required stamp. ILE is rare but in the OPs case it was likely issued for compassionate reasons in light of the fact that her partner has cancer.



Thank you Nyclon for clarifying this to me.


----------



## Joppa (Sep 7, 2009)

I think people are getting confused!
ILE surely means the applicant was eligible under the old pre-2012 rules so only needs KOL to satisfy requirement for settlement. The visa itself is for 33 months because that's the standard validity they now grant. Provided you pass LITUK test, you can switch to ILR (full fees payable unfortunately) and get biometric residence permit with ILR endorsement. 
As for naturalisation, if you are married to a British citizen, you need to live in UK for 3 years (and get ILR in the meantime) before you can apply.


----------

