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ILRM not granted after 5 years due to Life in Uk test failed

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Jay222
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Posts: 3
Joined: Sat Apr 04, 2020 7:54 pm

ILRM not granted after 5 years due to Life in Uk test failed

Post by Jay222 » Sat Apr 04, 2020 8:07 pm

Can anyone please advise. After applying for indefinate leave to remain my wife application was not granted as she failed Life in Uk test. (By 1 mark).
She has been granted 30 month leave to remain on paying £1000 health surcharge.
Whag does this mean?
She is unable to retake Life in Uk test due to Lockdown till 30th April.
If she passes her test can she reapply for indefinate leave to remain. We have twin babies 1 year old.
What should we do. Grateful for any advice.

Thank you,

secret.simon
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Posts: 11039
Joined: Thu Feb 21, 2013 9:29 pm

Re: ILRM not granted after 5 years due to Life in Uk test failed

Post by secret.simon » Sat Apr 04, 2020 8:57 pm

If she knew that she had failed, why did she not retake the test before submitting the SET(M) application?
Jay222 wrote:
Sat Apr 04, 2020 8:07 pm
She has been granted 30 month leave to remain on paying £1000 health surcharge.
It most likely means that she has been moved to the 10 year FLR(FP) path to ILR. So she can remain in the UK, but her ILR will have been postponed until she completes 10 years of continuous legal residence in the UK (all continuous legal residence will count, including any period before her FLR(M) visa).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Jay222
Newly Registered
Posts: 3
Joined: Sat Apr 04, 2020 7:54 pm

Re: Indefinite Leave to Remain Refused - Life in UK Test

Post by Jay222 » Wed Apr 08, 2020 9:51 pm

I contacted the Ho for advice regarding this and that due to lock down unable to retake Liuk.
They advised to email reviews and enquiries team to look at this matter.
Due to seriousness of our matter I contacted the immigration legal who did our application at 2 and half years extension for advice on emailing reviews team.
She asked me who gave me the advice to contact the reviews team. I explained Ho advisor.
She said it was wrong and that my situation
does not allow a review.
Is this correct then why did Ho advisor tell me to email reviews team.
She said refusal letter was correct and that I can either make a fresh application or pay surcharge, take Liuk test and then re apply either way its extra £3000 costs and more.

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zimba
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Joined: Mon Aug 11, 2014 5:13 pm
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Re: Indefinite Leave to Remain Refused - Life in UK Test

Post by zimba » Thu Apr 09, 2020 12:58 am

Jay222 wrote:
Wed Apr 08, 2020 9:51 pm
I contacted the Ho for advice regarding this and that due to lock down unable to retake Liuk.
They advised to email reviews and enquiries team to look at this matter.
Due to seriousness of our matter I contacted the immigration legal who did our application at 2 and half years extension for advice on emailing reviews team.
She asked me who gave me the advice to contact the reviews team. I explained Ho advisor.
She said it was wrong and that my situation
does not allow a review.
Is this correct then why did Ho advisor tell me to email reviews team.
She said refusal letter was correct and that I can either make a fresh application or pay surcharge, take Liuk test and then re apply either way its extra £3000 costs and more.
If she was granted leave under the 10 year route she CANNOT simply re-apply for ILR as her ILR clock is now reset to zero. UKVI's decision was correct as per Appendix FM.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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