URGENT ADVICE NEEDED :HO Decison - Change from 5 year to 10 year partner route while A2 certificate missing

Hello All,

Apologies for the lengthy post I have a few questions on current scenario where my wife applied for FLR (FP) partner extension for the first time through 5 year family route as per Appendix FM with details as follows :

a. Date of Expiry of Initial Leave to Remain : 28th Dec 2018
b. Date Of Application (Online): 17 December 2018 18:16 Greenwich Mean Time (GMT)
c. TYPE OF VISA / APPLICATION: Family 5 Year Route – 1st Extension, FLR (FP)
d. Date Application/Supporting Documents Posted (Royal Mail) : 18-Dec-18
e. Date Application/ Supporting Documents Received by HO : 19 Dec 2018 (Sheffield City DO)

I sent the Original Passport and all the supporting documentation in Post to Home Office Sheffield Office and after sending the documents, I realised that due to oversight, I have sent A1 English language Certificate and not the A2 English language certificate which was required by HO now as part of partner extension visas due to rules in force after 01 May 2017 – realising this I immediately sent the “cover letter” in-time to same department (as original application) via Royal mail tracked delivery with details as below :

a. Date Cover Letter Posted (Royal Mail) : 21-Dec-18
b. Date Cover Letter Received by HO (Royal Mail Track & Trace) : 24 Dec 2018 (Sheffield City DO)

ALL DOCOMENTS EXCEPT A2 ENGLISH CERTIFICATE WERE COMPLETE, GENUINE and CORRECT

Cover Letter Contents Sent to HO

As part of evidence submission for the current visa extension application on family route, I have submitted the CEFR A1 Level English Language Certificate (IELTS) and the same was also submitted during initial application for entry clearance as a spouse/partner on family route in 2016 and where initial leave was granted with Home office reference XXXXXXX\XXXXXX

Unfortunately due to genuine oversight, I only learnt about A2 level requirement just after sending my original passport and biometric residence permit along with rest of the supporting documentation to home office on 18 Dec 2018 where instead of submitting the CEFR A2 Level English Language Certificate which is required during extension application as per the latest rules, I included a copy of A1 Level English Certificate (IELTS) undertaken during initial entry clearance.

It was a completely honest unintentional oversight at my part, and my current situation is as follows:

a. My current leave to remain is due to expire on 28-Dec-2018
b. To undertake CEFR A2 Level English Language SELT test, Trinity College London has confirmed the need for “Original passport for ID verification” as a mandatory requirement as per their policy.
c. Test dates are available for me to undertake test urgently before visa expiry date of 28-Dec-2018 but, unfortunately I cannot book a test now as the original passport is currently in possession of home office as of today, 21-Dec-2018.
d. My Partner XXXXXX and daughter YYYYY both are British Citizens as specified in the application form and supporting evidence.
e. As stated in application form, I am also the mother of 5 months old daughter (Nationality: British, DOB: XXXXXXX, Born in the UK) and I am responsible for taking care of all her basic needs.
f. I have provided all other mandatory/supporting evidence documentation requested as part of application submission along with the application payment and IHS surcharge payment.

I’ve also spoken with Home Office Customer Services representative on 21 Dec 2018 explaining current situation and they suggested to inform the family visa’s department immediately.

As per my above explained situation, I would highly appreciate if meanwhile the application can be kept on hold for processing and request if possible please:


1. The original passport can be returned to me only for ID verification with SELT Test Provider (Trinity College London) enabling me to book and undertake the CEFR A2 Level English Language test immediately within specified duration for me to return both the original passport and A2 level test result/ certificate back to home office (family 2 & 5 year standard department) at the earliest for further processing of the application.

2. Any other advice, guidance and help from caseworker on resolving the current scenario without application being refused and also given the current leave expiry date of 28-Dec-2018, which has created a bit of uncertainty within my current family circumstances.

3. Based on grant of above request, the original passport can be sent to my home address:

4. I can also be contacted on my mobile number +44-XXXXXXXX anytime for any further clarification required on application/documents.

Since then, I never received any communication from HO either via Phone/Email or Post and suddenly yesterday 12 Feb 2019 we have received the decision from HO sugegsting in the decision letter as following by granting the extension on 10 year partner route instead of 5 year route (see image) :

You applied for leave to remain on 17 December 2018 under the Appendix FM 5-year partner route.

However we have decided that you meet the requirements of the 10-year partner route under paragraphs R-LTRP.1.1.(a), (b) and (d) of Appendix FM. You and your partner have a British child together and it is in their best interests to grant you leave under the 10 year family and private life route.
Accordingly you have been granted a period of 30 months limited leave to remain on the 10-year partner route under paragraph D-LTRP.1.2. of Appendix FM.

We have decided that you do not meet the requirements for a grant of leave under the 5-year partner route under paragraphs R-LTRP.1.1.(a), (b) and (c) for the following reasons:
You have applied for a second period of leave under the 5-year partner route of Appendix FM. As stated in the statement of changes to the Immigration Rules published on 03 November 2016, any applicant now seeking further leave to remain as a partner after 30 months in the UK with leave as a partner and who's leave expired on or after the 1 May 2017 must have passed an English language test in speaking and listening at a minimum of level A2.

You have not provided evidence that you have achieved a qualification in English language at a minimum of level A2 of the Common European Framework of Reference for Languages as stated in Appendix 0 of the Immigration Rules. You therefore fail to fulfil E-LTRP.4.1A to E-LTRP 4.2 of Appendix FM of the Immigration Rules.

WHAT THIS MEANS FOR YOU NO ROA
You cannot appeal this decision.




I now understand that given the leave has been granted via different route and also no right to appeal, the only was forward could be applying for reconsideration (within 14 days) therefore my questions are as follows:

a. What is the likelihood of successful reconsideration and overturning their current decision to change it back to 5 year route if I raise following and send all the royal mail receipts/delivery tracking info for cover letter confirming HO received info requesting passport back for ID verification on 24 Dec 2018 while leave was valid ? :

1. As original passport is received and BRP still awaited, immediately pass the A2 test and provide them reference/certificate within 14 day time limit
2. Inform HO that at time of application/cover letter received by HO, my wife had valid leave and there is a positive obligation on HO to rectify the missing documents given all the information was provided/received by HO prior to leave expiry of 28th Dec 2018 or Decision was made on 11the Feb 2019
3. Original passport was not returned only for ID verification with SELT Test Provider, although explicitly stating in cover letter point 1
4. HO never contacted the applicant about missing document (A2 certificate ) via post/email or telephone despite providing all details in application/cover letter.
5. HO never provided passport or any time limit hence my wife never got the opportunity to rectify the situation, given her leave was valid when we informed HO that we cannot book the test without passport.
6. HO did not requested applicant’s consent while automatically varying the leave from 5-year route to 10-year route.
7. There will be additional burden on applicant via 10 year route as every 30 months now the applicant has a financial strain on extending the application

b. Is reconsideration the only way forward or something else can also be done to contact HO via some other process?
c. If re-consideration is rejected, then I assume that the granted leave will still be valid albeit via 10-year route though?
d. Don’t apply for re-consideration and accept the HO decision on 10 year route?

Any help/advice urgently by CASA/VINNY/AMBER or any moderators will be sincerely appreciated. I am planning to action asap given 14 day time limit. MANY THANKS

Dear Moderators,

Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe,

Appreciate your quick reply on above situation as we are tense and worried about current situation

Also assume 14 day reconsideration limit is 14 working days and not 14 calendar days - please confirm?

Highly Appreciate your prompt response.

Many Many Thanks in advance.

As far as i know reconsideration will only be under the original application made, so no need documents / evidence can be supplied.

They have done you a favour and given you an extension. Now the only thing you can do is get the right documents and make another ILR application under 5 year route.

Thanks FaeLae

But my point is as follows:

2. Informed HO in time by recorded delivery cover letter sent on 21 Dec 2018, my wife had valid leave until 28 Dec 2018 and there is a positive obligation on HO to rectify the missing documents given all the information was provided/received by HO prior to leave expiry of 28th Dec 2018 or Decision was made on 11the Feb 2019
3. Original passport was not returned only for ID verification with SELT Test Provider, although explicitly stating in cover letter point 1
4. HO never contacted the applicant about missing document (A2 certificate ) via post/email or telephone despite providing all details in application/cover letter.
5. HO never provided passport or any time limit hence my wife never got the opportunity to rectify the situation, given her leave was valid when we informed HO that we cannot book the test without passport.
6. HO did not requested applicant’s consent while automatically varying the leave from 5-year route to 10-year route.
7. There will be additional burden on applicant via 10 year route as every 30 months now the applicant has a financial strain on extending the application

Any thoughts anyone please?

There is no obligation for them to accept new documents after you submit the application.
If you read the rules the case work can apply "discretion" and they do not have to come back and ask you for missing documents.

The return document service says you might have to cancel your application if you ask for the documents back, so they might have already started working on your case and hence did you a favour and just processed it - https://www.gov.uk/visa-documents-returned

Btw the BRP has to be extended every 5 years and you need to pay for it... so i dont understand why you are worried about spending money every few years for ILR granted under SET(LR). Especially when you can apply for a passport after 5+1 years of residency in UK.

FaeLLe wrote: ↑

Thu Feb 14, 2019 10:31 am

Btw the BRP has to be extended every 5 years and you need to pay for it... so i dont understand why you are worried about spending money every few years for ILR granted under SET(LR). Especially when you can apply for a passport after 5+1 years of residency in UK.

Why do you state a BRP is valid for 5 years and what is the source of your information??

FLR(FP) 10 year route is 4 x 2.5 year visas not a '5 year validity' visa/BRP. Visa fee of £1033 (current postal) and IHS of £1000 payable for each application, so yes it does become expensive.

Thanks FaeLLe and CR001 for your prompt response.

I spoke with the immigration solicitor and they suggested reconsideration is a best bet (by providing post tal receipts/tracking information, delivery confirmation) given :

a. Although return of documents was discretionary, but because I notified "on-time" while there was still extant leave, they should have returned the documents for ID purposes only even if 3c leave was applicable after 28th Dec 2018 (I understood the same also while speaking with HO call center at that time)
b. They may have refused the application but then would have given the right to appeal or time limit to make a new application which would have enabled us to undertake the test while appeal would have been pending.
c. HO never ever contacted by any means and given we still haven't received the BRP yet - so I we quickly pass the A2 test and raise reconsideration could possibly help.
d. Even if reconsideration request is rejected - they have already decided on 10year extension route so the leave would already be there despite on 10 year route.

I also came across a FOI available specifically requesting passport for ID purposes

https://www.freemovement.org.uk/wp-cont ... -Tests.pdf

It says as follows :

You have asked for an explanation as what would the Home Office position if a request is made for the return of an identity document to take a SELT test in the following scenarios:
1. the applicant has extant leave;
2. the applicant has leave under section 3C of the Immigration Act 1971;
3. the applicant has permission to remain under the Free Movement Directive;
4. the applicant is an overstayer / illegal entrant.

In the first three scenarios, the identity document should be returned by the Home Office in order to allow the individual to sit the SELT test.


So technically my wife was on extant leave until 28/12/2018 while we requested passport on 21/12/2018 (delivered to HO on 24th Dec 2018), after was on 3C leave until decision was made on 11/02/2019, and they may have sent us the passport for ID purposes only

I agree with CR001 on below - which increases the cost significantly

LR(FP) 10 year route is 4 x 2.5 year visas not a '5 year validity' visa/BRP. Visa fee of £1033 (current postal) and IHS of £1000 payable for each application, so yes it does become expensive.

Is there a possibility that case worker never got the cover letter as it was sent around x-mas time? hence they never took into account addition information requesting return of passport for test purposes?

Appreciate your thoughts, Many Thanks

ukresident1980 wrote: ↑

Thu Feb 14, 2019 11:28 am

Is there a possibility that case worker never got the cover letter as it was sent around x-mas time? hence they never took into account addition information requesting return of passport for test purposes?

Yes, it is highly likely given that there would have been a lot of post over that period, limited staff in the office or shut down and the letter might not have reached the caseworker in time.

Also, what reference number did you put on the letter regarding the extension application or did you simply send it without officially linking it to the application already submitted?

CR001 wrote: ↑

Thu Feb 14, 2019 10:54 am

FaeLLe wrote: ↑

Thu Feb 14, 2019 10:31 am

Btw the BRP has to be extended every 5 years and you need to pay for it... so i dont understand why you are worried about spending money every few years for ILR granted under SET(LR). Especially when you can apply for a passport after 5+1 years of residency in UK.

Why do you state a BRP is valid for 5 years and what is the source of your information??

FLR(FP) 10 year route is 4 x 2.5 year visas not a '5 year validity' visa/BRP. Visa fee of £1033 (current postal) and IHS of £1000 payable for each application, so yes it does become expensive.

my mistake I read the OP post as SET(LR)

CR001 wrote: ↑

Thu Feb 14, 2019 1:54 pm

ukresident1980 wrote: ↑

Thu Feb 14, 2019 11:28 am

Is there a possibility that case worker never got the cover letter as it was sent around x-mas time? hence they never took into account addition information requesting return of passport for test purposes?

Yes, it is highly likely given that there would have been a lot of post over that period, limited staff in the office or shut down and the letter might not have reached the caseworker in time.

Also, what reference number did you put on the letter regarding the extension application or did you simply send it without officially linking it to the application already submitted?

Thanks CR001 - I also suspect that the cover letter was never received by the case worker as you stated above

Although, I didn't linked the Envelope with the original application details directly

[img]C:\HO\20181221_150628_HOCoverLetter.jpg[/img]

but I did mentioned below information in the letter details to link it with original application, which I believe was sufficient to link (I double checked all information in letter to confirm no typos)

S.No Application Details
1 Applicant Name:
2 Date of birth:
3 Country Of Nationality:
4 Passport Number:
5 Date Of Application (Online):
6 TYPE OF VISA / APPLICATION:
7 Unique Application Number:
8 PAYMENT REFERENCE:
9 Immigration HS reference number:
10 Home office Reference Number :
11 Residence Permit Number
12 Date Application/Documents Posted (Royal Mail) :
13 Royal Mail Delivery Reference :
14 Date Application Received by HO :

I am assuming now given the caseworker never received the letter, hence no contact, hence no passport return for SELT test hence they switched us from 5year route to 10 year route automatically given I am British and we have a British citizen child and I submitted the child passport/birth certificate copy with original application.

Given situation explained above what would be the advice please -

1. Shall I go ahead with reconsideration request by providing them A2 certificate as we have original passport now? (BRP is still awaited as decision was made recently on 11 Feb 2019 only and no additional cost of re-consideration)

2. What is the likelihood of them accepting reconsideration and overturning original decision?

3. What is the impact of rejection of reconsideration request ? (possibly continue on 10 year route)


Apologies for asking too many questions but Many Thanks again for your help, Much appreciated

Moreover, also remind them that Under Appendix FM-SE the caseworker should have excercised evidential flexibility by granting you the deadline to provide you the missing document.

Evidential flexibility
3.4.1. Under Appendix FM-SE there is discretion for decision-makers to defer an application pending submission of missing evidence or the correct version of it, within a reasonable deadline set for this. Decision-makers will not have to defer where they do not think that correcting the error or omission will lead to a grant.

Thank You (FlLAe, CR001 and Seagul) All for your responses - I have drafted a reconsideration request letter (after my wife passed A2 test on 15 Feb 2019 (as soon as we received the original passport) highlighting the points that we notified HO "on-time" for return of passport.

Although the A2 test is new evidence after HO decision, but as I posted earlier - we never heard back from HO, neither were given a opportunity to rectify the situation - so still not sure how they will treat the request, but I am assuming there wont be any impact on already granted leave via 10-year route?

Appreciate If the esteemed members of this forum, please have a quick review of below letter to see it seems appropriate as I think we need to raise the reconsideration request by 25th Feb next week to be in 14-calender days time limit.

Many Many Thanks again in advance. Highly Appreciate

Date: XX FEB 2019
To
XXXXX
XXXXX
Family 2 & 5 Year Standard (Home Office)
PO Box 3468
Sheffield, S3 8WA

Subject: Reconsideration Request for recent decision on CASE ID – XXXXX for variation of grant
of extension leave from 5-year family partner route to 10-year family partner route

Dear Sir/Madam,

I XXXXX (Passport No: XXXXX) am writing to request the home office urgently on XX Feb 2019 for reconsideration of recent decision on CASE ID – XXXXX, about the variation of grant of extension leave from 5-year family partner route to 10-year family partner route.

We have recently received the decision on 12 Feb 2019 for the application made under the FM 5-year family route in December with decision letter stating as follows:

“You applied for leave to remain on 17 December 2018 under the Appendix FM 5-year partner route.
However we have decided that you meet the requirements of the 10-year partner route under paragraphs R-LTRP.1.1. (a), (b) and (d) of Appendix FM. You and your partner have a British child together and it is in their best interests to grant you leave under the 10 year family and private life route.
Accordingly, you have been granted a period of 30 months limited leave to remain on the 10-year partner route under paragraph D-LTRP.1.2. of Appendix FM.
We have decided that you do not meet the requirements for a grant of leave under the 5-year partner route under paragraphs R-LTRP.1.1. (a), (b) and (c) for the following reasons:
You have applied for a second period of leave under the 5-year partner route of Appendix FM. As stated in the statement of changes to the Immigration Rules published on 03 November 2016, any applicant now seeking further leave to remain as a partner after 30 months in the UK with leave as a partner and who's leave expired on or after the 1 May 2017 must have passed an English language test in speaking and listening at a minimum of level A2.
You have not provided evidence that you have achieved a qualification in English language at a minimum of level A2 of the Common European Framework of Reference for Languages as stated in Appendix 0 of the Immigration Rules. You therefore fail to fulfil E-LTRP.4.1A to E-LTRP 4.2 of Appendix FM of the Immigration Rules.”


Please find the details of original submitted extension application:

S. No Original Application Details
1 Applicant Name:
2 Date of birth:
3 Country of Nationality:
4 Passport Number:
5 Date of Application (Online):
6 TYPE OF VISA / APPLICATION:
7 Unique Application Number:
8 PAYMENT REFERENCE:
9 Immigration HS reference number:
10 Home office Reference Number:
11 Residence Permit Number
12 Date Application/Documents Posted (Royal Mail):
13 Royal Mail Delivery Reference (Application):
14 Date Application Received by HO:

S. No Additional Cover Letter Details
15 Date Cover Letter Requesting Passport Posted 21 Dec 2018
16 Date Cover Letter Received by HO – Royal Mail 24 Dec 2018
17 Royal Mail Delivery Reference (Cover Letter): XXXXXXXXXX
18 Date Decision Made by HO: 11 Feb 2019
19 Date Decision Received by Post: 12 Feb 2019
20 Date Reconsideration Request Raised XX Feb 2019

Basis for Reconsideration Request

As with the current decision there is No Right to Appeal (ROA), I would appreciate if following information can also be considered please during reconsideration application:

1. Original application /Supporting documents sent via Royal mail post: 18 Dec 2018

2. On realising about missing A2 English Language Certificate, detailed cover letter requesting the passport back only for ID verification with SELT Test Provider was sent to home office on 21 Dec 2018, while the leave was still valid with relevant details as follows:

a) Cover Letter requesting passport for ID verification posted (Royal Mail): 21 Dec 2018
b) Cover letter received by Sheffield City DO: 24 Dec 2018
c) Date Initial leave to remain was valid: 28 Dec 2018
d) Attached are following copies supporting points (a), (b).

• Royal Mail Certificate of Posting Reference: XXXXXXX
• Royal Mail Posting Date: 21 DEC 2018, 15:04
• Screenshot of envelope sent via Special Delivery (XXXXX) by 1 SAT to S3 8WA, PRN: XXXXX: 21 Dec 2018
• Royal Mail Proof of Delivery Tracking No (XX): 24 Dec 2018, 6:00 AM (RM RELAY)
• Copy of detailed cover letter requesting passport for ID verification only.

3. I as an applicant informed Home Office on time about the missing A2 English language certificate while the leave was still valid, requesting the return of passport for ID verification purposes to undertake the A2 test and provide the passport and test certificate back to home office at the earliest while keeping the further processing of application on hold.

4. No communication/contact received from home office after receipt of cover letter delivery through any of the communication details provided in application and/or cover letter:

 Email (XXXX.XXXX@gmail.com)
 Post
 Mobile Contact Number (+44 XXXXX)

5. I understand given when I submitted the request for return of passport while the leave was still valid, Home office has a positive obligation to provide return the documents within 10 working days, where the return request is only for ID verification and not for travel purposes.

6. I as an applicant never got the opportunity to rectify the situation, given the leave was valid when we informed HO that we cannot book the test without passport (mandatory requirement).

7. When I submitted the cover letter, I had an extant leave until 28/12/2018 while we requested passport on 21/12/2018 (delivered to HO on 24th Dec 2018), after was on 3C leave until decision was made on 11/02/2019

8. Home office also did not request for consent of variation of leave and it was automatically varied from 5-year partner route to 10-year partner route.

9. This also creates an additional financial burden on me for renewing the extension via 10-year route as every 30 months now there will be a financial strain on extending the application

10. I have now also enclosed the A2 language English test pass certificate reference which I was able to undertake promptly on 15th Feb 2018 after receiving the original passport.

• SELT Test Provider: Trinity College London
• GESE Grade 3: CEFR Level A2.1
• Date Exam Taken: 15 Feb 2018
• Unique Electronic Reference Number: TCL/150219/YYYYYY/XXXXXX

11. Also enclosed is original passport and all the supporting documents sent Initially during application for reconsideration purposes.


Reference Purposes Only

I ‘ve also came across few points which I would like to highlight for your reference please given I never heard from Home Office about the missing documentation before the decision was made i.e.

• Appendix FM-SE: family members specified evidence

D. (a) In deciding an application in relation to which this Appendix states that specified documents must be provided, the Entry Clearance Officer or Secretary of State (“the decision-maker”) will consider documents that have been submitted with the application, and will only consider documents submitted after the application where sub-paragraph (b), (e) or (f) applies.
(b) If the applicant:

(ii) Has not submitted a specified document, the decision-maker may contact the applicant or his representative in writing or otherwise, and request the document(s) or the correct version(s). The material requested must be received at the address specified in the request within a reasonable timescale specified in the request.

• Freedom of Information Request (FOI Reference: 40803) in relation to the return of identity documentation to enable an applicant to sit a SELT

It states as follows:

You have asked for an explanation as what would the Home Office position if a request is made for the return of an identity document to take a SELT test in the following scenarios:

1. the applicant has extant leave;
2. the applicant has leave under section 3C of the Immigration Act 1971;
3. the applicant has permission to remain under the Free Movement Directive;
4. the applicant is an overstayer / illegal entrant.

In the first three scenarios, the identity document should be returned by the Home Office to allow the individual to sit the SELT test.

Further detailed Information can also be found using below link for FOI

https://www.freemovement.org.uk/wp-cont ... -Tests.pdf

I’ve also attached the copy of FOI Reference :40803 along with the submitted documentation for reconsideration.

I would highly appreciate if above points can be considered and taken into account while decision on reconsideration request has been made.

Also request to send any further communication on my home address as follows:

XXXXXXX
XXXXXXX
XXXX
XXXXXXX
London, XXXXXX
United Kingdom

Alternatively, I can also be contacted on my mobile number +44-XXXXXX anytime for any further clarification required on application/documents.

Many Thanks in advance for your time and support, highly appreciated

Yours sincerely,

XXXXXXXXXXX
Date – XX Feb 2019

Letter is quite good highlighting very good points. Since you were given the reconsideration chance which are doing within the deadline which I think will be considered because you raised very valid points.

seagul wrote: ↑

Mon Feb 18, 2019 6:24 pm

Letter is quite good highlighting very good points. Since you were given the reconsideration chance which are doing within the deadline which I think will be considered because you raised very valid points.

Thanks Seagul, Appreciated your prompt reply and time taking to review the letter - I will raise the request this week.

Many Thanks Again !

They may also have acted unlawfully.

vinny wrote: ↑

Wed Feb 20, 2019 2:29 pm

They may also have acted unlawfully.

Thanks Vinny, I have applied for reconsideration on 22 Feb 2019 - sent all documents via post and via email too so lets wait for the outcome, I am keeping my fingers crossed and let the forum know once I have heard the decision.

Thanks everyone for your help and guidance. Appreciated

Can you update with your reconsideration process? I'm in a similar situation. Were you able to switch back to 5 years route?

Hi. I am unfortunately on the same boat. How is your request for reconsideration going? Have u had any reaponse or atleast an acknowledgement?

Any feedback from the home office because I just got myself trapped into it now , although I still have leaves on my previous visa , but I choose the premium service.

I’m pleased to confirm that your application for leave to remain as a spouse has now been granted.

You applied for leave to remain under the Appendix FM 5-year partner route. However we have decided that you meet the requirements of the 10-year partner route and you have been granted a period of 30 months limited leave to remain on this route.

You will receive your decision letter and biometric residence permit (BRP) in due course and these will confirm your immigration status.

Thank you for using our super priority service.

Kind Regards

Xxx

AO Caseworker FHR2
Marriage and Family Casework

Visas Citizenship, UK Visas and Immigration

Iron, Level 1
Vulcan House, Sheffield S3 8WA

Please can I ask if there have been any outcome from this, I had almost identical situation with A1 English certificate and word for word they sent the same letter back. Is there any help that you got as it costs a fortune for all these visas, not to mention the stress

I'm in a similar situation too except that my visa was rejected instead of switching to 10 year route. Submitted A1 certificate instead of A2 because of the misleading question in the English Language Section. See this thread immigration-for-family-members/english- ... l#p1781559

I sent a request for return of my passport and Home Office returned it after approximately 10 days after the request was made. I have now passed B1 level test and will submit the certificate and screenshots showing misleading question as evidence to support my appeal.

Hi All,

I was in this same thing couple of months ago. I went to a solicitor/barrister to assist me with applying for a request for reconsideration. She told me there’s less than 50% chance of this being successful. And that I can better spend my money on just reapplying straight away and having to restart the 5yr route. Yes, she’s not a money grabbing business woman like others out there. Lucky! But decided against it and I still went through reconsideration cuz at the end of the day, what am I to lose? £400 solicitor’s fee, right?

Anyway before we went through the process, we made sure to take the IELTS they required and passed it 2days after we received the home office letter. Had the result copied and gave it to the solicitor. The solicitor initially wanted to wait for the certificate to arrive, so we waited a week but nothing came through yet so she decided to just use whatever we had. She said the home office can check the data base for the reference number of my exam anyway if they want to. We were against time as she said there’s only 14 days from receiving the decision to making a request for reconsideration. She drew up a letter, which unfortunately I dont have a copy of cyz everything went through her office. 8-10 weeks later she called me to say she’s sent us an email, and voila a letter from the home office putting us back to 5yr route. It sounded simple but the whole wait was agonising. I hope everyone’s situation is better now.

Could you please give me details of your lawyer? In the exact same situation. Not sure how to share details privately on this forum though

afespinosa wrote: ↑

Fri Aug 09, 2019 11:38 am

Hi All,

I was in this same thing couple of months ago. I went to a solicitor/barrister to assist me with applying for a request for reconsideration. She told me there’s less than 50% chance of this being successful. And that I can better spend my money on just reapplying straight away and having to restart the 5yr route. Yes, she’s not a money grabbing business woman like others out there. Lucky! But decided against it and I still went through reconsideration cuz at the end of the day, what am I to lose? £400 solicitor’s fee, right?

Anyway before we went through the process, we made sure to take the IELTS they required and passed it 2days after we received the home office letter. Had the result copied and gave it to the solicitor. The solicitor initially wanted to wait for the certificate to arrive, so we waited a week but nothing came through yet so she decided to just use whatever we had. She said the home office can check the data base for the reference number of my exam anyway if they want to. We were against time as she said there’s only 14 days from receiving the decision to making a request for reconsideration. She drew up a letter, which unfortunately I dont have a copy of cyz everything went through her office. 8-10 weeks later she called me to say she’s sent us an email, and voila a letter from the home office putting us back to 5yr route. It sounded simple but the whole wait was agonising. I hope everyone’s situation is better now.

StatBoy wrote: ↑

Wed Aug 21, 2019 9:58 pm

Could you please give me details of your lawyer? In the exact same situation. Not sure how to share details privately on this forum though

Members are not permitted to post names and details of lawyers on the forum. You also don't have access to the PM function as a new member.

Your situation is also completely different to the user in this thread. You failed to understand the 60 months in one visa category rule, so the refusal was correct as it was your mistake.

indefinite-leave-to-remain/pbs-dependan ... l#p1802919

Hi,

Is there any update on this as I am in the same boat now. Please update.