A2 Requirement not met visa refused

Hi all,

My partners visa was rejected as the A2 English language requirement was not met. originally we had completed the a1, however we know find out that a2 is need for extending on the first 2.5 years, as a part of the 5 year route.

Has anyone had a similar situation and how did they resolve this issue, as we cant take the english exam as the HO has this, and is needed for the test to be made. Its very frustrating as how can you be expected to put something write if they wont give you the opportunity? We have employed an immigration solicitor but wonder if anyone had a similar experience and managed to get things sorted

Thanks

Why don’t you urgently apply for English language test as it is a compulsory requirement that will not be waived for anyone. When you do resubmit your application within 14 days and give them evidence you have registered, they might by that give you a chance to get the certificate and then issue your visa

sorry to say we are trying to get an exam, however the home office has the passport which is the only identification we have to use, so its impossible to book.

Has anyone managed to successfully get their passport back to do the test?

You don’t have your BRP too. I guess there are other accepted IDs like Drivers license etc

Their refusal may be unlawful.

Reading a couple of post I find that many users have been in the same situation. In brief my situation is currently as follows.
1 - BRP expiry 02/2019
2 - Visa was refused 03/04/2019
2a - Reason: Not meeting A2 certificate for second renewal, my mistake as I thought why would second renewal be different from first renewal
2b - Passport and expired BRP withheld by UKVI
3 - 03/04/2019 After investigation all SELTs centres require original up to date proof of ID which was withheld by UKVI.
4 - 03/04/2019 UKVI Customer centre advised that an online passport return request should be submitted with the following reason “Passport is needed for proof of ID to take SELT”
5 - 03/04/2019 UKVI customer centre asked for the request reference number and will escalate the request.
6 - 04/04/2019 contacted UKVI and was advised the request was submitted and will need to wait
7 - Submitted the appeal as we didn’t want to break the status and be classed as overstayer (still waiting to hear but 140£ has been debited)
8 - 29/04/2019 Passport was returned (60 days to return the passport) and SELT B1 level booked and passed on 04/05/2019 with certificate delivered on 10/05/2019
9 - Can you share your knowledge and experience to answer my questions:
9a - Will the 5 year route be affected in any way?
9b - I don’t know the next steps from here, can you advice past experiences such as a) submit a brand new application or b)send the certificate to the UKVI