Visa expired. Now what...?

[munaf]

Hi,

My mom had British Passport and she called my dad and my sister to UK. My dad had spouse visa for 2 years and my sister had visa type as "Visa settlement child over 18". In visa somewhere its written "Indefinite Leave to Enter to UK" and we got confused as she has indefinite leave to remain and now her visa has expired. Will she be deported or we can get her visa extended? What is the right procedure? Please help.

Thanks

Munaf

[jazbaati99]

By the looks of it, your sister has an ILE (indefinite leave to enter). This is similar to ILR but is issued outside of UK. Basically if it is an ILE, then there is no expiry date on the visa. Usually the expiry date on visa is the passport validity date. You need to enter on this visa before the expiry of the validity date and once you enter effectively this visa become ILR. The date then becomes irrelevent.

Can you check and see if the expiry date is the same as the expiry date of the passport?

[munaf]

Thanks for the reply. The expiry date was two years later than the visa was issued. The passport is still valid for next 8 years. I just wanted to make sure whether her visa was correct or expired. Is there someone to whom I can show my sister's passport and guide us correctly.

Thanks for your help

[John]

The expiry date was two years later than the visa was issued.

If indeed the visas say "Indefinite Leave to Enter", well, you are not the first person to be confused by the "expiry" date, and I am sure you won't be the last!

That date ... its only relevance is that it is the last date the ILE visa can be used to enter the UK for the first time. However they no doubt entered the UK using their visas prior to that date, and accordingly the date can now be totally ignored.

What to do? After they have been in the UK for the required amount of time, apply for Naturalisation as British, if that is what they want to do. How much time? The current legislation says 3 years for your Dad (because he is married to a British Citizen) and 5 years for your sister (because I presume she is not married to a British Citizen). However that legislation might change in the future.

Also, they will both need to pass the Life in the UK Citizenship test before making their applications.

[vinny]

ECB9.6 Indefinite Leave to Enter (ILE) and Indefinite Leave to Remain (ILR)