Spouse Visa FLR Extension - Refused on grounds of English Language Requirement - reapply or appeal?

Dear Forum,

I’ve been reading a lot of stories on here and now we are seeking advice.
I hope this is the right place ask?
We applied for second spouse FLR visa in September.
I’m UK with non EEA spouse.
We thought everything would be fine (like you do!)
Applying 6 weeks before end of visa and BRP, however we overlooked something and now are in Visa Limbo.
A refusal letter simply because spouse English Test was only A1 not A2. We misinterpreted the advice but now we are in a crazy situation.
She can’t register online for the A2 test, or present at the testing centre because UKVI retained her passport (ID) She was an English teacher so no issue with the ability etc. Do we use the ‘14 day appeal’ to give us time to take A2 test here in the UK? Do we reapply from UK (assuming she can remain here for the application process?)
The main issue is ID for the A2 test, the money lost we will take on the chin!
We have been told that an appeal won’t consider new documents (A2 Certificate would be additional)
It seems everything else with the application was fine, but sadly we are in catch22 situation.
Of course we don’t want my spouse to have to return to her home country to apply and go through it all again!
Like her passport, Spouse BRP hasn’t been returned and would have now expired....
Should I even engage an immigration lawyer to discuss getting passport back from UKVI to take A2 test?

cheers
J

I wish you should have been continuously reading the board where members were repeatedly advised about A2 at the time of extension. Requirement from A1 to A2 was changed long ago.

https://www.gov.uk/government/news/new- ... mily-route

Of course you’re ‘right on’ there.
But, we were focussed on the other aspects and evidence and this was mentally filed away under ‘completed’ !
Anyway, now we are in this Catch22 situation where passport is being kept by UKVI and BRP has been retained (expired)
Appeal or reapply and would we be able to get Non EEA passport back to take A2 test?
That’s where we are...

cheers

Johnny

Dear all,
We are in a sticky situation and partly our own making as my last post highlights!
But, "we are where we are" as they say...

Refused 2.5 year extended FLR spouse visa on grounds of English test being A1 not A2! Yes, Yes I know!
So, the Home Office aren't helping of course, the Trinity College and other test centres require ID but at least are human when you speak to them.

I have just written to my local MP off the bat, and booked in with an Immigration Lawyer asap to see what's what. We had to travel to Preston to see someone as not many options here, around Lancaster.
My wife now is technically an overstayer, we have 13 more days to appeal and we are facing some tough options.

What's everyone's gut-feelings about spouse leaving the UK, taking test abroad (Although A2 isn't available outide of the UK, has to be B2) and applying once again for extension of FLR (2.5 years) - is this even still possible from outside of the UK? Or will be be applying for LTR and back to the start again? Will she need TB tests and also, does her time outside work against the case?

Or, do we do everything to remain inside the UK, fight to get back the ID to take the SELT A2 and re-apply?
Does an appeal give more time to make the case to get the ID returned?
Also, on the application form we did online in September, there is the error where the form still states A1 or Higher as the required English level.

Has anyone managed to get their ID/passport back to take an official IELTS SELT test? This is the only reason our application failed!

It might be that we are just wasting money to appeal in the UK, but with the current state of the UKVI and UK generally, it might be a better option than leaving voluntarily then trying to get back in!

Any help / thoughts appreciated!

J

Posts merged.

Their failure to give her an opportunity to correct the English Language defect may be unlawful.

Appeal in-time so she has time to take the test. During the appeal process, she is not liable to be removed.

Request her passport back for the purposes of taking the test. If they still retain her passport, contrary to their FOI response, then they may be abusing (98) Section 17.

Ask the Tribunial to give them directions for returning her passport for the purpose of taking the test.

Consider informing the Home Secretary.

There may be another alternative solution than the return of her passport.

After taking the test,

if she wins her appeal, then they may put her on the ten year path.
if she loses her appeal (or withdraws her appeal?), then reapplying, with the correct test, should keep her on the five year path.

Applying for an entry clearance after her leave had expired may break her continuous period for ILR.

A national identity card must be accepted in the absence of passport.

First, thanks...
You know, a lot of worried people simpy want to throw ideas around in a particular state of mind and it eases the anxiety before choosing the right course of action.

We have sought legal advice and, as some of the previous suggestions remark will appeal the FLR refusal decision and endeavour to get wife's passport back. We have engaged an immigration specialist whose main job is to get the passport back to allow us to sit the correct SELT test thus giving us options going forward.
We can then withdraw the appeal and re-apply from within the UK or, depending on the timescales see the appeal through stating our case.

It was interesting to note that whilst the appeal is 'in play' status reverts to original LTR in nature...
If we had any other form of ID acceptable by IELTS test centre we might have been able to resubmit immediately, but unfortuntely not!

Sure, there will probably be an increase in IHS, but hopefully we can just fix a priority application for peace of mind, like we did in the first case!
Will probably return here for advice on how 'to word' the text relating to the reason for a refused visa when the time comes...

Just for the record I want to say how poor the UKVI and Home Office is, within the UK at least... I am sure it's their training but some seem to take the 'hostile environment' to the limits when they are dealing with people's lives!
Cheers all
J

seagul wrote: ↑

Tue Nov 20, 2018 2:53 am

A national identity card must be accepted in the absence of passport.

Enquire about it as well whether does it acceptable