Indefinite Leave to Enter visa

[ulike]

Hello

My niece is coming to live in England and she has been granted the ILE visa. However, the passport is valid only for another 14 months and the visa is also valid until then. I guess the visa is valid until then because of the passport valid dates.

A couple of questions:

1. When the old passport ends validity and she gets the new passport from the Thai embassy in London, and attaches the old passport (and visa) and then we go on holiday, I predict her having problems trying to re-enter the UK as the airline staff will see she has an ILE visa but its ended the validity. I know its indefinite and so will immigration at Heathrow but airline staff don't understand stuff like this.

2. Considering above, when she applies for the new passport, how can she also get a new visa sticker in her new passport, with longer validity period?

3. Aside, the visa says to 'VISA SETTLEMENT TO ACC/JOIN RELATIVE (and then it only has my husband's name, not mine) why is that as I am the one who has custody of her from the Thai court and I am now also a British citizen but my husband was the one who signed the sponsorship undertaking form but I also submitted a sponsorship undertaking form). What can I do about that.

4. If only I travel with her, will there is issues as my name is not on the visa.

Thank you

Thank you.

[7by7]

1 & 2) ILE is, as the name suggests, indefinite. The date on the stamp is not the date it expires, it is the date it must be 'activated' by; i.e. first used to enter the UK by.

As you say there is no legal need to transfer the visa to her new passport; it will still be valid even though the passport it is in has expired.

Airline check in staff should know this.

However, she can transfer her visa to a Biometric Residence Permit by applying for a ‘no time limit stamp’ (NTL).

See under "You have permission to settle (‘indefinite leave to remain’)" at Transfer your visa to a new passport.

Current fee for this is £104 if applying by post; a massive £504 if applying in person. These fees will probably have increased in 14 months time.

3) As far as I am aware, they can only put one name on the stamp. As your husband appears to have been the main sponsor, and is her uncle and so a relative, then I guess this is why they put his name.

Not sure what, if anything you can do about that; or even if it's worth the effort of attempting to change it.

4) None that I am aware of.

[ulike]

Hi 7by7 - thanks a lot for that, appreciated. I wonder what the advantage is of doing this in person is?

I am not sure that I should bother applying for the card for her or not as I am not really sure what the value/advantage of it is.?

Thanks

[7by7]

The only advantage of applying in person for this, or a leave to remain application, is that you'll get a decision on that day; as opposed to a wait of up to three months, possibly longer, if applying by post.

The only advantage I can think of for applying for this card for your niece is to overcome any possible difficulties with airline check in staff who may not realise that the date on her original ILE stamp is not an expiry date.

[ulike]

Well, that is the good reason as we have had massive problems before with badly trained airline staff (the last time one of them would not let her board to muscat from London but I think that may be because my husband chastised the gulf air manager for not properly organising the check in queues so they show their muscles. In the end we boarded. And one time we had a tough time with easyjet when I had ILE.

Anyway, I think we will apply just for peace of mind and I don't want to send the passport and original documents away (they lost documents last time at the UKVI) and the fee is less of a headache than having to get originals reissued in post coup Thailand!

Thank you again.

[ulike]

Last question, as I am a little bit confused. Can I apply now before her passport ends just for piece of mind and so I don't have to do again later when it does end validity period?

[7by7]

Section 1 of the guidance includes

Form NTL must be used if you already have
indefinite leave to enter or remain in the UK as
confirmed in a passport or other document issued
to you, and
• you now want that status confirmed on a
Biometric Residence Permit (BRP).

So, from that, I think the answer is yes.

[ulike]

Thank you, I will apply now and go to the centre as I don't want to pass them the passport for them to keep via post.