Advice please - ILR denied

Hi,

I hope someone can offer some help in what my wife and I should do now as my wife's application for IDR had been declined due to not meeting the language requirements.

Unfortunately due to my own error, I thought that the level A2 language test with Trinity College was sufficient. I recall beleiving that when she took that test Dec 2017 that it was sufficient for ILR and she would not need another test. Has the requirement changed since then, or is it just I had it wrong then?

All other requirements have been met.

Is there any way that rather than having to reapply with another huge application fee, I can request some compromise of my wife sitting the test straight away - her English is very good, so it should not be a problem - she passed the CEFR Level A2.1 with distinction and without study!

I'm really frustrated with myself - it's not only the money but it puts all planning of holidays etc on hold for half a year whilst they consider it.

What is annoying is that they sent me an email asking for some evidence they said was missing (but was not), so why could they not have detailed this language issue, and we could have sorted it. (It feels like its an income flow).

Help and advice please.

Thank you

Ok... after quick check - I was definately wrong about the A2 being sufficient back in Dec 2017... not sure where I got that from.

Darn!

I wish you had started studying this board from past to avoid that mistake. For ILR and naturalization applications B1 is always needed and its always best practice to pass B1 instead A1/A2 even for earlier spouse visa applications to avoid such hassle. Just out of interest as she has been denied correctly for ILR but has she been issued with any FLR M or flrfp extension??

See also KoLL.

Does she still have leave?

seagul wrote: ↑

Wed Jun 19, 2019 4:40 pm

I wish you had started studying this board from past to avoid that mistake. For ILR and naturalization applications B1 is always needed and its always best practice to pass B1 instead A1/A2 even for earlier spouse visa applications to avoid such hassle. Just out of interest as she has been denied correctly for ILR but has she been issued with any FLR M or flrfp extension??

A stupid mistake by me... and I admit it. It was the one thing that I thought we had already met and so did not check it.... stupid (lazy?) mistake.

They have converted the application to an extension application provided we pay the Health Surcharge within 10 days of the letter which was dated 31 May (so too late, though recorded delivery will show delivery yesterday (20th June)... which is not much help as she has a 13 months already remaining.

What is annoying is that they asked for additional evidence by email (which was already provided) so if they had mentioned this missing part, then perhaps we could have addressed it before they considered the application and closed it off.

vinny wrote: ↑

Thu Jun 20, 2019 6:03 am

See also KoLL.

Does she still have leave?

Yes, 13 months remaining.

Better to do life in uk test and B1 to reapply for ILR.

Yes. After they grant ILR, complain and ask for a refund?

vinny wrote: ↑

Thu Jun 20, 2019 2:34 pm

Yes. After they grant ILR, complain and ask for a refund?

Very interesting... though reading the guidance it implies that the request to sit the test with a provider on the SELT list is where the caseworker suspects deception. But it is a later paragraph - so could be interpreted as a separate line of guidance.

If you are not satisfied with a B1 qualification you must ask the applicant to take a
test with one of the providers on the current SELT list, at an approved test centre.
If the applicant does not send in acceptable evidence that they meet this requirement
within the time allowed, you must refuse the application.

Taking this literally too, no B1 qualification was provided, only an A2.1... so we fail this guidance!

Given that I would prefer to wrap up the application rather than have another 6 month wait - is it possible to request the caseworker to offer the additional test as part of this application - or is it more likely that they would reject it because this clause is for deception cases and we then would lose the opportunity of a refund?

(I would really like to get the ILR asap for two reasons - my sister in law has just got engaged and may marry in the US within the next 12 months depending on their immigration process AND my wife and I have a house that we cannot mortgage because she does not have settled status!

My interpretation is that a caseworker cannot be satisfied that an A1/A2 qualification or any wrong qualification is a B2 qualification and so should offer the applicant to take the appropriate test. It would be illogical to make the offer only in cases of suspected deception, as it would put a deceiver in a better position than a honest person.

I think the way there is a rigorous Identity check now the deception is not possible. Even a genuine applicant without the acceptable type of identity document cannot sit even book the English test.

vinny wrote: ↑

Sat Jun 22, 2019 3:06 pm

My interpretation is that a caseworker cannot be satisfied that an A1/A2 qualification or any wrong qualification is a B2 qualification and so should offer the applicant to take the appropriate test. It would be illogical to make the offer only in cases of suspected deception, as it would put a deceiver in a better position than a honest person.

Has to be worth a try - they have given no option to appeal - only converting the application to an extension application (so long as we pay the £500 Health Surcharge)! They do not een give a phone number (on the letter) or suggest letter back is acceptable.

Is it worth going trying to get them to offer the test via local MP (Dr Liam Fox) - especially with your quote?

vinny wrote: ↑

Sat Jun 22, 2019 3:06 pm

My interpretation is that a caseworker cannot be satisfied that an A1/A2 qualification or any wrong qualification is a B2 qualification and so should offer the applicant to take the appropriate test. It would be illogical to make the offer only in cases of suspected deception, as it would put a deceiver in a better position than a honest person.

Hi Vinny,
So we decided to write to the Home Office to put forward the case, also with a request for a refund as they had not given sufficient time to pay the health surcharge (we had to pay by 14 June and did not receive their recorded delivery letter till 19th June !).

Their response (unsurprisingly) is that the guidance refers only to applicants who have already passed a B1 qualification at a test centre that is not approved. It therefore does not relate to your situation as you have not already passed a B1 qualification at the date of application. On the date of application you presented an A2.1 Certificate which does not meet the required level of English Language speaking and listening.

Regarding the refund as inadequate time to pay for the health surcharge - as a concession they will extend the deadline to 12th July. Our policy on refunds is that the application fees are refunded only where an application cannot be processed because it is invalid or void or where an application is fee exempt. We do not issue refunds if an application wishes to withdraw an application.

So no surprise really.. but was worth a punt! May be I sshould have waited until they had closed the application before requesting the refund, but too late now.

JezzrW wrote: ↑

Fri Jul 05, 2019 4:18 pm

So we decided to write to the Home Office to put forward the case, also with a request for a refund as they had not given sufficient time to pay the health surcharge (we had to pay by 14 June and did not receive their recorded delivery letter till 19th June !).

By doing it now you may aggravate your case because that action you might have taken before when they were giving you insufficient time to pay the IHS charge but you still paid. Its very similar to situation where you get parking fine but if you will pay it within 14 days then will avail 50% discount otherwise will have to pay in full. And if you choose to pay it within 14 days and avail the 50% discount but later want to challenge it to get back even your 50% paid ticket then it won't be acknowledged because the case/matter has been already processed.