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Indefinite Leave to Remain Refused - Life in UK Test

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EEA-route section for queries about the EEA-route settled status under Appendix EU (EU settlement scheme)

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alanaucoin
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Indefinite Leave to Remain Refused - Life in UK Test

Post by alanaucoin » Fri Mar 01, 2019 3:56 pm

Hello,

I hope this community could offer assistance.

Today I received an email confirmation that my ILR has been refused because my "application falls for consideration under Section R-ILRP of the Immigration Rules", stating:

"In order to meet the requirements of R-ILRP.1.1 (e), you must demonstrate that you meet the requirements of Section E-ILRP: Eligibility for indefinite leave to remain as a partner."

Appendix KoLL 2.3 States
2.3 For the purposes of sub-paragraph (1), an applicant demonstrates sufficient knowledge about life in the United Kingdom if:
(a) the applicant has passed the test known as the “Life in the UK test” administered by an educational institution or other person approved for this purpose by the Secretary of State.

"However you are also required to take and pass the Life in the UK test which you stated you have not on your application form. Consequently, you do not meet the requirements for indefinite leave to remain as a partner as you have not passed the Life in the UK test language in accordance with Appendix KoLL with reference to R-ILRP.1.1 (e) with reference to E-ILRP.1.6."

This is totally my error as I wasn't aware I had to complete the Life in the UK test (I didn't see it on my application page and simply put "No" when asked if I completed it).

Knowing that you can fail the test and reapply within a certain time frame, does anyone have any advice on the possibility of providing the details to my current application. I have been granted another 30 months but will now have to pay £1000 NHS surcharge and have no idea if I will get fund for ILR refunded - I paid £3018 for Super Priority.

Any advice or experiences would be greatly appreciated.

Kind regards,

Alan

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

Post by vinny » Fri Mar 01, 2019 4:18 pm

When does/did your leave expire?
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Re: Indefinite Leave to Remain Refused - Life in UK Test

Post by bizman » Fri Mar 01, 2019 4:23 pm

I think you should do the test and reapply and point them to this decision. This is terrible waste of money
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Re: Indefinite Leave to Remain Refused - Life in UK Test

Post by alanaucoin » Fri Mar 01, 2019 4:25 pm

vinny wrote:
Fri Mar 01, 2019 4:18 pm
When does/did your leave expire?
Thanks Vinny - my leave expired on 12 Feb 2019

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

Post by alanaucoin » Fri Mar 01, 2019 4:26 pm

bizman wrote:
Fri Mar 01, 2019 4:23 pm
I think you should do the test and reapply and point them to this decision. This is terrible waste of money
Thanks Bizman - It is a massive waste of money and I am wondering if there are any options available to me.

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

Post by bizman » Fri Mar 01, 2019 4:30 pm

Unfortunately you can’t request for refund, you have to get the LIUK sorted and reapply. They gave the 30months visa to give you enough time to make enough money to re apply so won’t become an overstayer and jeopardise everything altogether.
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Re: Indefinite Leave to Remain Refused - Life in UK Test

Post by alanaucoin » Fri Mar 01, 2019 4:39 pm

bizman wrote:
Fri Mar 01, 2019 4:30 pm
Unfortunately you can’t request for refund, you have to get the LIUK sorted and reapply. They gave the 30months visa to give you enough time to make enough money to re apply so won’t become an overstayer and jeopardise everything altogether.
Although I am thankful they will grant the 30 months don’t get me wrong others are in much tougher situations, my goodness that is tough given they allow others to fail as many times as they do but they didn’t give me a heads up to submit the test or an opportunity to do so. Thank you bizman for your response.

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

Post by bizman » Fri Mar 01, 2019 5:05 pm

Of course they will definitely grant the 30 months. What I’m saying is that you don’t need to wait until after the 30 months visa expires before you re apply for your ILR
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Re: Indefinite Leave to Remain Refused - Life in UK Test

Post by alanaucoin » Fri Mar 01, 2019 5:09 pm

Yes thanks for that and I understand that if I pay the NHS surcharge I will be able to legally stay, so that helps. As you stated before it is costly and impacts areas like getting another mortgage and simply wanting to get the ILR. It just strikes me an excessive given it isn't a fail of an aspect, simply an oversight of what was needed (which could be a costly one).

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

Post by bizman » Fri Mar 01, 2019 5:17 pm

I’m actually surprised the CW didn’t ask you to present the the LIUK certificate before decision, the CW is meant to apply flexibility in this regard according to the immigration rule. You can write the CW and point him to the immigration rule and ask that they give you time to do the test. You can do that with the evidence that you have registered for the test. I think they should give you that opportunity.
Bizman

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

Post by alanaucoin » Fri Mar 01, 2019 5:21 pm

On my first visa I had an issue with a payslip and a caseworker contacted me to resend. Perhaps this was above and beyond, of course it is my responsibility to ensure all document are uploaded but if I had known I would have done the test, or done it ASAP to add to my application.

In your experience, does the refusal automatically close that application leaving zero options of correcting the issue?

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

Post by bizman » Fri Mar 01, 2019 5:22 pm

What route is your current visa
Bizman

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

Post by bizman » Fri Mar 01, 2019 5:24 pm

Your application is not refused, the CW just applied flexibility but you could register for the test, pay the IHS surcharge and send a cover letter requesting that the CW allow you to do the test.
Bizman

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

Post by alanaucoin » Fri Mar 01, 2019 5:39 pm

bizman wrote:
Fri Mar 01, 2019 5:24 pm
Your application is not refused, the CW just applied flexibility but you could register for the test, pay the IHS surcharge and send a cover letter requesting that the CW allow you to do the test.
Right and would this allow access to ILR on the current application - not having to pay an additional £3000?

My visa that expired on 12 Feb was Limited Leave to Remain (Spousal).

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

Post by Casa » Fri Mar 01, 2019 5:55 pm

Unfortunately, as the error was yours you will have to pay the SET(M) fee again. The Life in the UK test for ILR has been a requirement for many years.

The SET(M) application was refused, but the Case Worker used discretion and granted FLR(M).
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Re: Indefinite Leave to Remain Refused - Life in UK Test

Post by alanaucoin » Fri Mar 01, 2019 6:16 pm

Thanks Casa.

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

Post by alanaucoin » Fri Mar 01, 2019 7:37 pm

bizman wrote:
Fri Mar 01, 2019 5:17 pm
I’m actually surprised the CW didn’t ask you to present the the LIUK certificate before decision, the CW is meant to apply flexibility in this regard according to the immigration rule. You can write the CW and point him to the immigration rule and ask that they give you time to do the test. You can do that with the evidence that you have registered for the test. I think they should give you that opportunity.
I agree. I understand one must have the correct documentation and I appreciate the flexibility in the first place. I hoping I can contact them with evidence of registration to sit my LIUK test. Thanks again bizman.

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

Post by alanaucoin » Fri Mar 01, 2019 7:38 pm

alanaucoin wrote:
Fri Mar 01, 2019 7:37 pm
bizman wrote:
Fri Mar 01, 2019 5:17 pm
I’m actually surprised the CW didn’t ask you to present the the LIUK certificate before decision, the CW is meant to apply flexibility in this regard according to the immigration rule. You can write the CW and point him to the immigration rule and ask that they give you time to do the test. You can do that with the evidence that you have registered for the test. I think they should give you that opportunity.
When you refer to “immigration rule” what is this?

I agree. I understand one must have the correct documentation and I appreciate the flexibility in the first place. I hoping I can contact them with evidence of registration to sit my LIUK test. Thanks again bizman.

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

Post by CULLINAN » Fri Mar 01, 2019 7:55 pm

alanaucoin wrote:
Fri Mar 01, 2019 7:38 pm
alanaucoin wrote:
Fri Mar 01, 2019 7:37 pm
bizman wrote:
Fri Mar 01, 2019 5:17 pm
I’m actually surprised the CW didn’t ask you to present the the LIUK certificate before decision, the CW is meant to apply flexibility in this regard according to the immigration rule. You can write the CW and point him to the immigration rule and ask that they give you time to do the test. You can do that with the evidence that you have registered for the test. I think they should give you that opportunity.
When you refer to “immigration rule” what is this?

I agree. I understand one must have the correct documentation and I appreciate the flexibility in the first place. I hoping I can contact them with evidence of registration to sit my LIUK test. Thanks again bizman.
They could have asked but would have refused anyways once the OP would have told them that he has not taken the Life in UK test. They would not have given extra time for it. The HO asking only would have benefited if OP had forgot to send the certificate by mistake. Given, the OP did not take the LIUK, the decision is correct.
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Re: Indefinite Leave to Remain Refused - Life in UK Test

Post by aman90 » Fri Mar 01, 2019 8:09 pm

Evidence flexibility is the discretion of the case worker and only done under specific conditions.
https://www.gov.uk/guidance/immigration ... d-evidence
You admitted on the form you don't have a LIUK cert. and obviously didnt provide it.
You could try taking the test asap and apply for a reconsideration and hope for the best..

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

Post by alanaucoin » Fri Mar 01, 2019 8:55 pm

aman90 wrote:
Fri Mar 01, 2019 8:09 pm
Evidence flexibility is the discretion of the case worker and only done under specific conditions.
https://www.gov.uk/guidance/immigration ... d-evidence
You admitted on the form you don't have a LIUK cert. and obviously didnt provide it.
You could try taking the test asap and apply for a reconsideration and hope for the best..
Many thanks aman90. That is the hope.

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

Post by Lk2616 » Sun May 12, 2019 3:11 pm

Hi Alan
Just curious as to what happened?
I am in exactly the same situation, biometric appointment is tomorrow, it’s my husbands ILR.
Just discovered need to pass LIUK test which I totally overlooked based on the fact I said No & they didn’t stop the application there!
Am thinking at this point we just go anyway, seeing as I’d have to pay to redo the application even if we don’t go tomorrow.
Did you get any resolution or just accept the 30 months? Thanks in advance.

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

Post by Jay222 » Sun Apr 05, 2020 12:38 am

I am in exactly the same situation. I had no idea about takjng Liuk test before apolication. J thought yoh needed to take it after so as to get citizenship. I too have been granted 39 moth leave to remain. I want to take Linuk text asap and reapply. However, can I do this or does accepting 30 month lrm mean 10 year route. What is best option please.
Can I ask for time to pass test. I had taken it after applying and only failed by 1 mark.
It seems excessive being put on 10 year route or am I wrong.

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

Post by Zimba » Sun Apr 05, 2020 12:56 am

Jay222 wrote:
Sun Apr 05, 2020 12:38 am
I am in exactly the same situation. I had no idea about takjng Liuk test before apolication. J thought yoh needed to take it after so as to get citizenship. I too have been granted 39 moth leave to remain. I want to take Linuk text asap and reapply. However, can I do this or does accepting 30 month lrm mean 10 year route. What is best option please.
Can I ask for time to pass test. I had taken it after applying and only failed by 1 mark.
It seems excessive being put on 10 year route or am I wrong.

LIUK is mandatory for grant of ILR (unless exempt). If you are moved to the 10 year route you CANNOT simply re-apply for ILR. You have been advised in your own post !
indefinite-leave-to-remain/ilrm-not-gra ... l#p1892623
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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