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Old Oct 4th 2017, 6:19 pm   #1
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Default 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
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Old Oct 4th 2017, 6:36 pm   #2
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Default 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?
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Old Oct 4th 2017, 6:42 pm   #3
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Default 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?
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Old Oct 4th 2017, 6:48 pm   #4
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Default Re: Child ILE or Visa?

It doesn't sound they were granted ILE.
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Old Oct 5th 2017, 5:09 am   #5
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Default 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?
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Old Oct 5th 2017, 7:05 am   #6
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Default Re: Child ILE or Visa?

Quote:
Originally Posted by surabhi View Post
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.

Last edited by BritInParis; Oct 5th 2017 at 7:13 am.
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