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Indefinite Leave to Enter

Discussion in 'UK Visa and Immigration Help' started by Amnesia, Jun 12, 2013.

  1. Amnesia
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    Amnesia New Member

    Hi everyone! I'm a newbie. Hope everyone is well.

    I hope someone is able to enlighten me regarding ILE. I have searched high and low online and even rang the British High Commission in Singapore to no avail.

    I came across a link on the UKBA website.

    Apparently the page is used as an internal guidance for use by entry clearance staff on the handling of settlement in the United Kingdom visa applications made outside the United Kingdom. And that it is a live document under constant review and is for information only.

    As I am about to apply for an Unmarried Visa in the next couple of months, I was devastated upon learning of recent changes in the UK immigration laws as of last year. The below information gave me a glimmer of hope. Although it might be false hopes. Has anyone applied for an Unmarried Visa recently? I would love to hear from you. Also can someone please confirm if the below info from the link above is current or outdated.

    Many thanks!



    SET5.15 What immigration conditions apply upon entry to an unmarried / single sex partner?

    ILE can be granted in situations where:

    • the sponsor has (at the date of decision on the application) a right of abode / indefinite leave to enter and;
    • the couple have been living in a relationship akin to marriage for at least 4 years and have been living together outside the United Kingdom during that time and;
    • the applicant has demonstrated 'knowledge of language and life in the UK' (KOL)

    Where an applicant has satisfied all of the requirements for ILE, except the KOL requirement, they should be granted 27 months leave to enter. During this time they can, at any point, satisfy the KOL requirement and then apply for indefinite leave to remain in the UK.
  2. Kuya
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    Kuya The Geeky One Staff Member

    Though my knowledge of ILE is limited, I do think if you would otherwise fail to pass with the partner/spouse visa this route really isn't an option as well.

    I have a friend living in the Philippines with his Wife who is a Filipina. Currently, the rules are keeping them out despite the fact that once in the UK and employed this man has the potential to be earning about double the £18,600.00 requirement.

    What are your circumstances?
  3. Amnesia
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    Amnesia New Member

    Hi Kuya! Many thanks for your reply. Much appreciated!

    My partner and I have been living together in Singapore for the last 4 years. We have joint bank accounts and joint names on tenancy agreements etc. My partner and our 7-month old twin daughters all have UK passports. In terms of financial requirement, since we are both in full employment in Singapore (expats) we will be submitting Certificate of Employment from our respective companies as well as payslips. If all goes well we are planning to relocate to UK by end of January next year. We are planning to stay with his parents initially until we get our own place. We have asked his parents to write a letter as well as attach a supporting document that they own the house.

    Can we subtly include in the sponsor letter regarding ILE? I was worried because I thought this has been stopped after the recent changes. And that I have to start from scratch i.e. 5 years before I can apply for ILR. As mentioned on my initial post we are looking into applying for Unmarried Visa.
  4. Kuya
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    Kuya The Geeky One Staff Member

    As far as I know, there isn't yet a loophole to get round the £18,600.00 (without being on disabled benefits) but you're almost there. I think the only thing lacking is a job offer here in the UK (assuming your husband earned over £18,600.00 in Singapore).

    There was a recent All-Party Parliamentary Group on Migration that released their report this last week, in the report there are some interesting snippets about people in similar positions to yourself.

    Read the full report here
  5. Amnesia
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    Amnesia New Member

    Interesting article Kuya. Thanks for sharing. If that's the case then I guess there is no other option but for him to go back with the babies first, secure a job then I can follow? :( Not very fair to separate families. Currently he is earning over £18,600.00 in Singapore and so am I.

    Thing is, it would be difficult to secure a job in the UK whilst we are both outside of the UK especially as we are still employed in Singapore. And even if let's say he does get a job offer in the UK now, no employer will wait for him until end of January, when we intend to move. *sigh*
  6. Anon220806
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    Anon220806 Well-Known Member

    I wouldnt know what options are available, but I do know of one chap in a similar position who came to Britain ahead of his wife, secured a job and worked for 6 months before she applied for her visa ( and kids) and they are all here together now in Britain.
  7. Amnesia
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    Amnesia New Member

    How about if I apply for a visitor visa so I can go with him and the babies initially say 6 months then I can leave once we're ready to apply? At least we will only be away from each other for that brief period whilst the application is in process.

    By the way, I just wanted to double check if ILE still exists? Or that everyone regardless of how long the relationship has been will have to go through 5 years first before finally able to apply for ILR?
  8. Anon220806
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    Anon220806 Well-Known Member

    Regarding the visit visa, I rather think that if your sponsor was your partner then you would be unlikely to succeed. I say this with caution as I am not totally sure. My feeling, unfortunately, is that the best route would be for your partner to secure a job in the UK, ahead of you, for at least 6 months and then you apply. Hopefully someone will clarify that one way or another.
    Last edited: Jun 13, 2013
  9. Anon220806
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    Anon220806 Well-Known Member

    Slight digression from the OP but I find this one fascinating. There was a chap in another world that was in this position, he is from the West Midlands so I wonder if it was him. I know he went into this hook line and sinker. His solution was to take on a second job, for 6 months to make up the shortfall.
  10. Markham
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    Markham Guest

    Micawber is the forum's resident fount of all knowledge and wisdom where Visas are concerned and I'm sure he'll be along shortly.

    Given your circumstances, the above might be the best option open to you. However you will have to overcome the various requirements designed to prevent overstayers and demonstrate that you have compelling reasons to return to either Singapore or the Philippines. As you would be taking your twin daughters with you, that may go against you since, if you left them behind, your separation from them would count as one of the compelling reasons for you to leave the UK at the end of your visit. As you have a job that is paying a good salary, you wouldn't have a problem with regards to being able to support yourself (which, as an unmarried person you would need to demonstrate). But you will undoubtedly need to provide a letter from your current employer confirming your employment, salary and that you have been granted a temporary leave of absence. And you will need to show proof of return travel, accommodation and insurance.

    One thought has occurred to me. There are a few professions and occupations for which there are skills shortages and British employers are able to recruit from outside the UK and European Union; would you qualify by virtue of your qualifications, experience and training?

    I'm afraid I don't know the UK Home Office's position regarding the granting of settlement visas to Common Law spouses, but I rather imagine it would be not very favourable. Is it your intention to marry once settled in the UK? As best I can tell, there are only two Visas available, one for Fiancées - who must then marry within six months of entry or leave the country - or that for Spouses.

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