British Expats - Child ILE or Visa?

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British Expats (https://britishexpats.com/forum/)

- Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)

- - Child ILE or Visa? (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/child-ile-visa-904146/)

surabhi

Oct 4th 2017 6:19 pm

Child ILE or Visa?

Hi Friends,
I am a person with ILR from 2014 .I processed my spouse and child visa under 'family of settled person' in 2015.Now its time for their visa renewal after the first leave of 33 months.Here my confusion.

Some one says my children are in Indefinite leave to enter.But no where in the current visa it says so.Also there is a visa expiry date on child visas.
How do I know whether its a normal visa or is it a ILE?

if its an ILE,are my children eligible for ILR?

Note- children are under 10 years old .

appreciate any reply.

thanks
Surabhi

BritInParis

Oct 4th 2017 6:36 pm

Re: Child ILE or Visa?

ILE/ILR are the same thing. The only difference is that if you are outside the UK at the time your visa is granted you will receive ILE (Indefinite Leave to Enter) and if you are in the UK you will receive ILR (Indefinite Leave to Remain). If your children were born outside the UK then they should have been given ILE providing you applied for their visas at the same time as your wife's spouse visa. After three years residence with you in the UK your children will become eligible to be registered as British citizens.

What exactly do your children's visas say?

surabhi

Oct 4th 2017 6:42 pm

Re: Child ILE or Visa?

Thanks for the quick reply.
my children were born outside Uk.

their current visa(family of settled person visa) is applied together with spouse visa.(same time)

If I look at their visa, it just shows 'Entry clearance'.Also there is an expiry date for the visa, which is not equal to passport expiry date.

Normally,is their any indication on the visa, that its ILE?

BritInParis

Oct 4th 2017 6:48 pm

Re: Child ILE or Visa?

It doesn't sound they were granted ILE.

surabhi

Oct 5th 2017 5:09 am

Re: Child ILE or Visa?

Thank you.So des it mean children will get ILE only if, both of the parents are on BC or ILR?

BritInParis

Oct 5th 2017 7:05 am

Re: Child ILE or Visa?

Quote:

Originally Posted by surabhi (Post 12353956)

Thank you.So des it mean children will get ILE only if, both of the parents are on BC or ILR?

My previous understanding is that it was sufficient for one parent to hold British citizenship or ILR and other to be entering the UK on a settlement visa at the time. Re-reading the Immigration Rules it may be in fact that both parents need to be British citizens or hold ILR/ILE themselves before the child is eligible.

Edit: The latter is correct. The guidance is on this point was been updated to reflect this.

Katie8

Sep 24th 2018 6:15 pm

Re: Child ILE or Visa?

My daughter has just been given ILE, her adopted father is British, I applied for a settlement visa at the same time as her. Does it mean she's been given the wrong type?

BritInParis

Sep 24th 2018 6:18 pm

Re: Child ILE or Visa?

Quote:

Originally Posted by Katie8 (Post 12567446)

My daughter has just been given ILE, her adopted father is British, I applied for a settlement visa at the same time as her. Does it mean she's been given the wrong type?

Without knowing more about the circumstances it’s not possible to say.

Katie8

Sep 24th 2018 6:24 pm

Re: Child ILE or Visa?

Quote:

Originally Posted by BritInParis (Post 12567447)

Without knowing more about the circumstances it’s not possible to say.

I'm not sure how to explain it really. We lived abroad and my British husband adopted my daughter. We registered an adoption in UK and were given British birth certificate. 6 month ago we applied for both of me and my daughter for settlement visas. And today she has been given visa that sais indefinite leave to enter. I wonder if she can apply for citizenship in 3 years? Thank you for your help, BritInParis

BritInParis

Sep 24th 2018 10:15 pm

Re: Child ILE or Visa?

Quote:

Originally Posted by Katie8 (Post 12567451)

I’m not sure what’s happened there - some mistake or missing piece of information - but applying for a settlement visa for your child was a bit of waste of money since she can apply directly for British citizenship.

https://www.gov.uk/government/public...ther-adoptions

Katie8

Sep 25th 2018 3:35 am

Re: Child ILE or Visa?

Thank you. We tried applying for citizenship but were refused, as my husband wasn’t habitually resident in UK at the time of adoption, therefore adoption could not be made under Hague convention. So we were told to apply for settlement visa instead.

BritInParis

Sep 25th 2018 11:03 am

Re: Child ILE or Visa?

Quote:

Originally Posted by Katie8 (Post 12567663)

A full Hague Adoption automatically confers British citizenship. There’s no need to apply. If your husband was resident outside the UK then you should’ve applied using Form MN1. See the link I posted for more information.

Katie8

Sep 25th 2018 11:45 am

Re: Child ILE or Visa?

That’s exactly what we did, applied for British citizenship using this form. But those applications considered at the Home Secretary’s discretion. And ours was refused with no reason whatsoever.

BritInParis

Sep 25th 2018 11:50 am

Re: Child ILE or Visa?

Quote:

Originally Posted by Katie8 (Post 12567847)

That’s exactly what we did, applied for British citizenship using this form. But those applications considered at the Home Secretary’s discretion. And ours was refused with no reason whatsoever.

It wouldn’t have been for no reason. What did your refusal letter say?

Katie8

Sep 25th 2018 11:55 am

Re: Child ILE or Visa?

Please see attached link for passport office policy in relation to adoption:

https://www.gov.uk/government/publications/adoption

Specifically the section marked ‘Overseas Adoption’ wherein it shows that a foreign local adoption has no effect on a person’s national status, and, ‘The Adoption (Intercountry Aspects) Act 1999 (commencement No. 9) Order 2003’ in relation to Section 7 of the act amending Section 1 of the British Nationality Act 1981.

For an overseas adoption to be accepted to bestow British nationality status to the adoptee, the adoption must have taken place under Article 17 of the convention and the certificate will clearly state this, along with confirmation that the adopting parents are habitually resident in the UK at the time of adoption.

that was our refusal letter

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