[Hammer2001]

Can someone clarify the situation regarding an ILE visa.

My stepdaughter was given ILE when she entered the Uk with her mother(my wife) in November 2014. It is a vignette in the passport and has an expiry date on it of August 2017, the same as my wife's initial leave to enter visa.

My understanding is that ILE is the same as ILR and therefore it won't actually expire in August and does not need to be renewed at the same time as my wife's?

So what happens when my stepdaughters passport expires next year, is it compulsory to get an NTL Residence permit for her, or can she continue to use the visa in her old passport?

 

[Joppa]

Yes, she must get BRP with ILR endorsement.

 

[Hammer2001]

Yes, she must get BRP with ILR endorsement.

Thanks Joppa.

So just to clarify, does she have to do that in August because of the expiry date on her ILE visa or not until she has renewed her passport next year?

 

[Joppa]

Before her visa expiry or when she renews her passport, whichevere comes first.

 

[Hammer2001]

Before her visa expiry or when she renews her passport, whichevere comes first.

Sorry Joppa, I'm a bit confused.

I thought ILE does not expire. So although there is a valid until date on her visa, it does not mean it expires on that date, but is the date she must have entered the uk by?

Is that not correct?

 

[Joppa]

Yes, but the endorsement does (just like driving licence, valid till your 70th birthday but needs to be renewed every 10 years to update photo). So before the ILE endorsement expires, she should get BRP.

 

[Hammer2001]

Ok thanks Joppa. Now I understand.

Her visa valid until date is the same as on her mothers initial leave to enter spouse visa.
We are planning to renew this by premium appointment in mid July.

Would this mean we cannot apply for NTL BRP for my step daughter until after my wife's visa has been renewed?

We would plan to apply for the NTL by post, as we can't really afford two sets of premium appointment fees.

 

[Joppa]

Yes, that would be preferable as they will probably cross-check against her mother's immigration status.

 

[Hammer2001]

Thanks Joppa, last question I promise!

Is there a time period after the validity date that we must have applied for NTL?

We have no plans to travel abroad in the next year.

 

[Joppa]

It should really be renewed before expiry. If your wife does same-day application at the earliest possible date (see sticky above), then her daughter will have time to send off her renewal.

 

[Hammer2001]

Sorry to come back on this thread, but I've just been on the phone to the Home Office Visa Helpline about this.

The representative on the phone went away to check and came back to tell me that the ILE valid until date is definitely only there as the date the person must enter the country. It does not expire.

They also confirmed to me that she does not need to apply for the NTL BRP until her current passport expires.
As long as the passport with the ILE visa in it is valid it will be ok, regardless of the valid until date on the visa.

When she gets a new passport then she must apply for the NTL BRP, but she doesn't have to do it until then.

I questioned this was against advice I'd been given, and they checked again but are adamant this is the case.

So now I'm even more confused! Obviously we don't want to be paying out extra money if we don't have to but we want to do what is correct and safeguard her immigration status.

 

[Joppa]

They may be right but since she is able to apply for NTL BRP (which costs a little more), it's sensible to apply earlier, and possibly save money before another round of fees increase.
I don't rely on advice given over the phone. You should speak to an immigration advisor.

 

[Hammer2001]

Thanks Joppa,

Our reluctance to get the NTL BRP now is because her passport will need to be renewed at the end of the year. We will be getting that issued hopefully with a surname change to change her name to our family name. So we are trying to avoid having to pay out twice in short succession if we can avoid it.