My partner received an ILR refusal letter, which i have copy and pasted after my synopsis and questions below. Please see specifically points 9 and 10 in this letter.
Synopsis
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- It appears that she was refused on grounds of not meeting the English language requirement, and passed on all other merits - would you agree?
- however they never acknowledged / took into account the qualification that she provided them a copy of being "CACHE Level 2 Certificate in Supporting Teaching and Learning in Schools (QCF), Qualification Reference Number: 501/0031/2 completed in Sep 2012 to Sep 2013". Please see my comments by "SimplyThings" at
http://www.immigrationboards.com/britis ... l#p1009506
- in regards to the above, the details of the certificate my partner has can be found at
http://register.ofqual.gov.uk/Qualifica ... 501_0031_2
- this link identifies that the assessment Language for this certificate is In English (which includes formal written and oral tests and significant work experience at schools), but if you scroll to the bottom "qualification objectives" her qualification has officially NOT been evaluated on the ground of "ESOL qualifications that are required for citizenship".
- should my partner now write back to them, phone them, appeal, reapply, get professional advise (if reapply would we loose the application fee? On what basis should she reapply as they mention she is refused in addition on compassionate grounds (having recognised her British partner and children) and can apply to stay in the UK under some other application that i don't really understand)?
- should my partner complete a separate test that meets officially the English language requirement, such as
http://englishexamcentres.co.uk/b1-esol ... vel-3.html?
Your guidance here would be much appreciated, as the threat of being deported is very stressful.
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XXXXXXX
Home Office
Home Office Reference MXXXXXXXX
Name: XXXXXXXX
Date of Birth: XXXXXXXX
Nationality: XXXXXXXX
REASONS FOR REFUSAL LETTER
Dear XXXXXXXX
1. Thank you for your application of X October 2014 for leave-to remain on the basis of UK
Ancestry.
REFUSAL TO VARY LEAVE TO REMAIN
We have considered your application on behalf of the Secretary of State and your application has been
refused.
YOU HAVE A RIGHT OF APPEAL AGAINST THIS DECISION � SEE ATTACHED
DECISION NOTICE
2. You entered the UK on X October 2005 with UK Ancestry Entry Clearance valid until X
September 2009. On X August 2009 you applied for UK Ancestry leave to remain which was
granted on X October 2009 until X October 2014. On X October 2014 you applied in time for
indefinite leave to remain on the basis of UK Ancestry.
3. Your application has been considered under the immigration rules relating to a person
seeking Indefinite Leave to Remain as a person with United Kingdom ancestry, namely
Paragraph 192:
4. Indefinite leave to remain may be granted, on application, to a Commonwealth citizen with a
United Kingdom born grandparent provided the applicant:
(i) meets the requirements of paragraph 186 (i)-(v); and
(ii) has spent a continuous period of 5 years lawfully in the United Kingdom in this capacity;
and
(iii) has demonstrated sufficient knowledge of the English language and sufficient knowledge
about life in the United Kingdom, in accordance with Appendix KoLL; and
(iv) does not fall for refusal under the general grounds for refusal; and
(v) is not in the UK in breach of immigration laws except that any period of overstaying for a
period of 28 days or less will be disregarded; and
ICD.3050 1 of 4
(vi) provides the specified documents in paragraph 192-SD to evidence the reason for the
absences set out in paragraph 128A, where the absence was due to a serious or compelling
reason.
5. In order to qualify for settlement on the basis of UK Ancestry you are required to satisfy the
requirements of Paragraph 186 (i)-(v) of the immigration rules.
6. The requirements to be met by a person seeking leave to enter the United Kingdom on the
grounds of his United Kingdom ancestry are that he:
(i) is a Commonwealth citizen; and
(ii) is aged 17 or over; and
(iii) is able to provide proof that one of his grandparents was born in the United Kingdom
and Islands and that any such grandparent is the applicant's blood grandparent or
grandparent by reason of an adoption recognised by the laws of the United Kingdom relating
to adoption; and
(iv) is able to work and intends to take or seek employment in the United Kingdom; and
(v) will be able to maintain and accommodate himself and any dependants adequately without
recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity.
7. lt is accepted that you satisfy the requirements of Paragraph 186 and you therefore satisfy the
requirements of Paragraph 192(i).
8. It is also accepted that you satisfy the requirements of Paragraph 192(ii), (iv) R (v).
9. With regards to Paragraph 192(iii) it is noted that you have failed to provide evidence that
you have a satisfactory English language qualification. You have stated on your application
form that you have an English language speaking and listening qualification but the only
evidence you have submitted is your South African Senior Certificate that states you studied
English as your second language which is not accepted as a relevant qualification for the
purpose of Appendix KOLL. You have therefore failed to satisfy the requirements of
Paragraph 192(iii).
10. Your application for Indefinite Leave to Remain in the United Kingdom has therefore been
refused under Paragraph 193 with reference to Paragraph 192(iii) of HC395 (as amended).
11. On 09 July 2012 the Immigration Rules were amended to unify consideration under the
Immigration Rules, Article 8 of the European Convention on Human Rights, and Section 55
of the Borders, Citizenship and Immigration Act 2009, Duty Regarding the Welfare of
Children. These are set out in Appendix FM and Paragraph 276ADE of the Immigration
Rules.
12. No consideration has been given to your rights under Appendix FM or Paragraph 276ADE,
as you have not made a specified application on the basis of your family and/or private life,
paying the appropriate fee.
13. If you wish UK Visas and Immigration to consider an application on the basis of your family
and private life, you must make a separate charged application using the appropriate specified
I CD.3050 2 of 4
application form, For more information please consult our website at www,ukba,homeoffice.co.uk.
14. Notwithstanding the requirements of the Immigration Rules, consideration has also been given to whether it would be appropriate to allow you to remain in the United Kingdom exceptionally outside of these rules.
15. Regard has been given to all your circumstances. It is noted that you are aged 31 years and that you have a partner and children who are settled in the UI<. There is an option for you to submit a separate application on this basis so it is not considered that these grounds are sufficiently exceptional compassionate or compelling to warrant a grant of leave outside the rules.
16. Having considered all of your circumstances it is not accepted that there are any factors of a sufficiently compelling or compassionate nature to warrant granting you any period of leave to remain in the United I<ngdom exceptionally outside the immigration rules.
17. You may appeal against the decision to remove you from the United I&ngdom under section 82 of the Nationality, Immigration and Asylum Act 2002 on the basis of one or more of the grounds of appeal contained within the Notice of Decision (ICD:4547) attached. You are entitled to remain in the United I<ngdom whilst the appeal is pending.
HELP AND ADVICE ON RETURNING HOME
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