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  • ILE questions

    Hi dai,

    Thanks for answering all these other questions. I went through them and found them to be immensely informative.

    I had a question about ILE. I am currently visiting the UK (been here for 2 weeks, currently have ILE) but will be going back to Nepal to continue on with my studies. Can I simply go back without doing anything, and come back after, say 2.5 years to pursue further studies in the UK, or do I have to do something special?

    [Some of the reported answers when asking around seem to indicate that I have to (a) Convert the ILE to ILR while I am here [if so, what needs to be done?] (b) Not have to do anything and simply go back and come back after 2.5 years (c) Not have to do anything and go back but come back within 2 years]

    Thanks for your help.
    -Ek.

  • #2
    Re: ILE questions

    Dear Ek
    It is very good question that you have raised in this forum. The same principle will apply to you as returning resident. The Immigration Rules spell out what period of leave is to be given to people either entering or extending their stay in the UK, in the various different categories. I believe you have been granted ILE on basis of your parent's status who is already settled here.

    Those who have indefinite leave are able to leave and return to the UK under a special category under the Immigration Rules called returning residents. If you have indefinite leave, regardless of the basis upon which it was granted, can use the returning residents rule.
    'Returning Residents' provision can be viewed online of Home Office web site. If you are seeking leave to enter the United Kingdom as a returning resident you may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:
    (i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
    (ii) has not been away from the United Kingdom for more than 2 years; and
    (iii) did not receive assistance from public funds

    Therefore you should not be away for more than 2 years. I believe this clarifies the matter to you.
    <img src="http://www.nepalisamajuk.com/misc/Forum/forumpics/rajuthapa1.jpg">

    Comment


    • #3
      Re: ILE questions

      Hello EK,
      Additional to above, I have foun out that ILE will change to ILR automatically once you enter the UK and all rules that apply to ILR will be applied to you. Thanks for raising such questions.

      Comment


      • #4
        Re: ILE questions

        Hi dai and newsletter,

        Thanks for answering the question. It is immensely helpful.

        To recap, my understanding from the replies is that after you enter for the first time with the ILE, all the rules of ILR kick in to the bearer of the ILE. Hence, should the individual choose to leave the UK for a break, he can do so for a period of 2 years, and when the individual wants to enter the UK the next time, the immigration officer will allow the individual to enter if he fulfills those three requirements.

        I wanted to ask a follow up question. I am currently pursuing a Bachelors in Nepal, and my studies will take an additional 2.5 years. I want to come to the UK after I complete my Bachelors and perhaps work or do an internship here in the UK. In this case, do I need to enter within two years, or can I do something special (since I am a student studying in Nepal) to allow me to enter after the two years requirement.

        When asking other people, a few rumored answers regarding this were:
        a) You have to enter within two years, there is no other way
        b) You can contact the UK embassy in Nepal and tell them that you are currently studying hence will be unable to enter within two years. (And perhaps get a letter stating that you were allowed to stay outside the UK for more than two years, because of your studies).

        Thanks,
        -Ek.

        Comment


        • #5
          Re: ILE questions

          Dear EK
          I strongly advice you not to take any risk to lose your entitlement for Indefinite leave. The best option is to comply with above Immigration Rules.If you return within two years of leaving and is readmitted as a returning resident, your IL is treated as continuing. If the Immigration Officer believes that there has been a sufficient change of circumstances so as to deny entry, your leave may be cancelled. If you return after two years and do not qualify for entry under the rule, are simply refused leave to enter the UK.

          The Immigration Directorate's Instructions state that the specific factors, which may apply in favour of an applicant who has been away for more than two years are they have

          - been working abroad for a UK government body or UN organisation;
          - family in the UK but have travelled abroad for prolonged studies;
          - had prolonged medical treatment abroad;
          -the lenght of the previous residence in the UK;
          -the reason for the delay in returning;
          -the strength of family ties in the UK;
          - where the person has a home in the UK

          Bearing in mind EK bhai that the longer you have been away from the UK over the two years, the more diffucult for you to persuade the immigration authorities to exercise their discretion favourably.

          <img src="http://www.nepalisamajuk.com/misc/Forum/forumpics/rajuthapa1.jpg">

          Comment


          • #6
            Re: ILE questions

            Hi all!

            I am clear about 2 years time limitation for the person who leaves UK. But I am still not clear whether the person who has got ILE stamp on his passport in Nepal and living in Nepal will be in the returning residents category and returning residents provision will be applied or not. What should he do if he wants to come after 2 years? Grateful for the help.

            Comment


            • #7
              Re: ILE questions

              Hi Dambar,

              I am not a solicitor but I think Raju dai made it very clear. ILR in the UK mean you must come back to the UK before 2 yrs, unless you are - see Raju dai's list.
              So, I am presuming that if you have ILR from Nepal then obviously you will have to come back to the UK before 2 yrs. If you come back to the UK after 2 yrs then, how will you convince the immigration officers? Unless you fit on one the category from the list.
              If I were you, I wouldn't take any chance and come back to UK before it expires, unless you want to live in Nepal for good!


              Jenish
              Oxford

              Comment


              • #8
                Re: ILE questions

                Thank you Jenish bhai in order to clarify the matter. Some prople are wasting time to ask the same question. I strongly suggest everyone to read the contents of question and my answer thoroughly before you raise any question.

                <img src="http://www.nepalisamajuk.com/misc/Forum/forumpics/rajuthapa1.jpg">

                Comment


                • #9
                  Re: ILE questions

                  Originally posted by asghar
                  Thank you Jenish bhai in order to clarify the matter. Some people are wasting time asking the same question. I strongly suggest everyone to read the contents of question and my answer thoroughly before you raise any question.

                  <img src="http://www.nepalisamajuk.com/misc/Forum/forumpics/rajuthapa1.jpg">

                  Comment


                  • #10
                    Re: ILE questions

                    Thank you very much for clarifying the matter. Apology if any inconvenience caused.

                    Regards,
                    Dambar

                    Comment


                    • #11
                      Re: ILE questions

                      Thank you dai for answering all these questions.

                      As prescribed, I will come back before the two year deadline to avoid any issues with the immigration officer.

                      Thanks again,
                      -Ek.

                      Comment


                      • #12
                        Re: ILE questions

                        Dear Ek Bhai
                        The newsletter has already clarified your query. Please read it carefully which may helpful for your future reference.

                        Indefinite Leave to Enter (ILE) - endorsement
                        Applicants who are granted Indefinite Leave to Enter (ILE) at a visa issuing Post can enter and stay in the UK indefinitely and will have no time restrictions on their stay. ILE carries the same entitlement as “Indefinite Leave to Remain” (ILR) which is issued by the Home Office to those who have already travelled to the UK. Anyone who has ILE does not have to apply for ILR when in the UK.

                        However, although indefinite leave, by definition, will not expire. The British Embassy/High Commission are unable to issue a visa to those who meet the criteria for ILE without putting a ‘validity date’ on the visa. Therefore 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 (UKBA) for a transfer of conditions into their new passport. They will not need to apply for Indefinite Leave to Remain (ILR).
                        These endorsements are computer generated and automatically appear on the entry clearance vignette. In case of equipment failure, the endorsements should be hand-written in black ball point pen.
                        <img src="http://www.nepalisamajuk.com/misc/Forum/forumpics/rajuthapa1.jpg">

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