ILR refused based on not submitting B1 however granted limited Leave

Hi I really hope someone can help. My husband applied for ILR under 60 month route of a spouse of a British citizen however we did not submit the B1 certificate only A1 which was in error. I did call the home office before we submitted the application and they said it was fine however the reason for the refusal is due to the B1 certificate not being submitted. My question is they have given him 10 days to pay £1000 IHS fees so he can get limited leave if the fee is not paid they will cancel his application and he will not get any refund. My main question is once we pay the IHS can we apply again once we get the Limited leave? It’s very disappointing as we pay so much for the. Application and the home office can’t even send you a letter to say you submitted the wrong certificate and give you time to send them the correct certificate. I appreciate any advice...

He can get ILR only if they grant him another leave under FLR(M). If it is FLR(FP) then that will put him under the 10 year route which prevents him from getting ILR

Hi,
Your husband can book and pass B1 Test from Trinity college which is basic English language test , results I think provisionally they issue on same day which can be send to UKVI at the address provided...

What date your husband existing LTR will expire? If he can pass the B1 Test then he can even re-apply ILR before existing LTR expiry date But he have to pay fees again.... if you are on 10 years route that will be more costly....

Just do not pay the IHS and application will be refused but it depends when your existing LTR will expire ?

Thanks for the reply and detailed feedback. My husband has been granted a 30 month extension based Family members however to take the test we need the documents which are at the home office which is his passport. We will pay the IHS and reapply is the one day option still available at the home office ?

But once you have paid IHS your Leave will be on 10 years route and you can not reapply ILR straight way , you will have to wait 10 years more or 5 years if you want to apply ILR on Long Residence basis its depends how long already time you have spent in Uk?

If you have enough time on your existing LTR you can still request your passport back from Home Office to book your test ....
What date your existing LTR will expire ?

His current LTR already expired in January that’s why we submitted the ILR we have now paid the IHS fees and waiting for the documents as we have been told as he is on FLRM route we can reapply straight away. So will keep everyone posted.

Just to update my husband reapplied for ILR and it has been granted today he used super priority service. He submitted the B1 and everything has been accepted however we did have to pay again. We will now try to apply to get back the fees so will keep you all updated. However never give up seriously God will see you through.