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Able to take CEFR A2 after decision has been made?

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TheDrkKngt
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Able to take CEFR A2 after decision has been made?

Post by TheDrkKngt » Tue Jan 21, 2020 4:55 pm

Hi Guys,

I tried looking through the forum for someone in a similar situation to me and my wife but couldn’t get a thread quiet close enough.

So my wife is from Pakistan and we got married in Pakistan and she arrived in the UK on what I believe was a Spouse Visa, with Leave to Enter Permission in 2017.

I applied to have her visa extended around December 2019 as we were approaching the expiry date which is March 2020 on a Partner Route.

We received a letter from the Home Office on the 20th January 2020 that she has been put on a ‘Ten Year Partner Route’ There was no explanation as to why this was the case, as ideally I would have liked her to be put on the ‘5 Year Route’

I meet the financial requirement, as we also have a baby now, but upon further reading on the internet, I feel she may have been put on the ‘Ten Year Partner Route’ as she didn’t take her CEFR A2 Test.

Seeing if this may be the case, have people been in a similar situation like us? Are you able to take the CEFR A2 Test, as her current Leave to Enter expires in March 2020.

I have contacted admin.review.enquires@homeoffice.gov.uk today, but it states it can take up to 28 days.
If somebody has been in a similar situation any advice would be very much appreciated.

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Re: Able to take CEFR A2 after decision has been made?

Post by Amber » Wed Jan 22, 2020 7:32 am

The decision was correct as she will be put on a 10 year route if she didn’t meet A2 English as required for an extension.
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Re: Able to take CEFR A2 after decision has been made?

Post by TheDrkKngt » Wed Jan 22, 2020 7:59 am

Many thanks for replying Amber.

The problem is we took the application for granted that it will be for a 5 year route and specifically wrote on the application that she didnt pass an approved language test, because she didnt take one. If she were to take one she would pass. There was no real clarity if it we were applying on a 10 year or 5 year family route?

So the question is can she take the required English test before her current visa expires in March 2020 or maybe switch to a 5 year route? If she can switch to a 5 year route, how would she do that?

Many Thanks.

TheDrkKngt
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How to contact Home Office

Post by TheDrkKngt » Sat Jan 25, 2020 12:11 pm

Hi Guys,

I want to get in contact with the Home Office as to why my wife has been put on a 10-Year partner route instead of 5 years.

I have rang the Home Office Customer Service team who advised me to email the below address.

Admin.Review.Enquiries@homeoffice.gov.uk

I then got a reply that the above inbox does not deal with the visa my wife is on. They recommend to get in touch with the same number I got there email address from, the Home Office Customer Services Team or to get in contact with the Home Office Department that Issued the Visa.

So I have emailed fhr18@homeoffice.gov.uk and not got a reply as of yet.

Are there any other channels where I can contact the Home Office?

Many Thanks.

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Re: Able to take CEFR A2 after decision has been made?

Post by CR001 » Sat Jan 25, 2020 12:16 pm

Amber wrote:
Wed Jan 22, 2020 7:32 am
The decision was correct as she will be put on a 10 year route if she didn’t meet A2 English as required for an extension.
You failed to submit the required English test, hence you failed to meet the English requirement and the rules then state it is a 10 year partner route that is granted. This is what the rules state.

Note up until a couple of years ago it would have been an outright refusal and no other route or leave to remain offered or granted.
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Re: Able to take CEFR A2 after decision has been made?

Post by seagul » Sat Jan 25, 2020 12:44 pm

TheDrkKngt wrote:
Wed Jan 22, 2020 7:59 am
Many thanks for replying Amber.

The problem is we took the application for granted that it will be for a 5 year route and specifically wrote on the application that she didnt pass an approved language test, because she didnt take one. If she were to take one she would pass. There was no real clarity if it we were applying on a 10 year or 5 year family route?

So the question is can she take the required English test before her current visa expires in March 2020 or maybe switch to a 5 year route? If she can switch to a 5 year route, how would she do that?

Many Thanks.
Although it was your biggest fault but still putting her on 10 years of route is quite unfair treatment despite still having the valid visa. You should have been asked to supply the correct level of English language test which although only happens in very few cases depending on individual caseworker. In my opinion better to pass the required A2 or B1 test and then complain and ask for reconsideration of decision by supplying the new correct test. Don't accept that decision or sit silent because in long run it will cost you more.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Able to take CEFR A2 after decision has been made?

Post by TheDrkKngt » Sat Jan 25, 2020 2:30 pm

The application did not specify which route the applicant wants to go through! There was no options to choose from.

On the application we specifically wrote she has not passed an english test at an approved English Language test centre. Which is the truth, because how are we expected to know which route she will be put on my default! If we knew she would be put on a 10 year route if she didnt take a English Language test why would she not sit one?! She is more than capable of passing.

Which now leads me to ask how can I rectify this? My post for this question has been merged into this thread.

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Re: Able to take CEFR A2 after decision has been made?

Post by seagul » Sat Jan 25, 2020 2:58 pm

TheDrkKngt wrote:
Sat Jan 25, 2020 2:30 pm

On the application we specifically wrote she has not passed an english test at an approved English Language test centre. Which is the truth,
That means you were already known that you haven't got the correct English language test
TheDrkKngt wrote:
Sat Jan 25, 2020 2:30 pm

because how are we expected to know which route she will be put on my default
But at least you should know that it won't extended under same route if something which is mandatory is missing.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Able to take CEFR A2 after decision has been made?

Post by TheDrkKngt » Sat Jan 25, 2020 3:03 pm

seagul wrote:
Sat Jan 25, 2020 2:58 pm
TheDrkKngt wrote:
Sat Jan 25, 2020 2:30 pm

On the application we specifically wrote she has not passed an english test at an approved English Language test centre. Which is the truth,
That means you were already known that you haven't got the correct English language test
TheDrkKngt wrote:
Sat Jan 25, 2020 2:30 pm

because how are we expected to know which route she will be put on my default
But at least you should know that it won't extended under same route if something which is mandatory is missing.
That is the thing, how are we supposed to know its mandatory if we want a 5 year route. It's not specified anywhere! If we knew the English Test was required for a 5 year route my wife would have taken it.

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Re: Able to take CEFR A2 after decision has been made?

Post by seagul » Sat Jan 25, 2020 3:14 pm

TheDrkKngt wrote:
Sat Jan 25, 2020 3:03 pm
. It's not specified anywhere
:shock: :shock:
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Re: Able to take CEFR A2 after decision has been made?

Post by TheDrkKngt » Sat Jan 25, 2020 3:21 pm

I find it hard to believe nobody has experienced the same situation as me! Surely somebody in this forum must have been in a similar situation?

If I go through a immigration solicitor what can they do that I cant?

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Re: Able to take CEFR A2 after decision has been made?

Post by CR001 » Sat Jan 25, 2020 3:24 pm

TheDrkKngt wrote:
Sat Jan 25, 2020 3:03 pm
That is the thing, how are we supposed to know its mandatory if we want a 5 year route. It's not specified anywhere! If we knew the English Test was required for a 5 year route my wife would have taken it.
This has been in place since may 2017 and was well published.

immigration-for-family-members/importan ... 19289.html

https://www.gov.uk/uk-family-visa/knowledge-of-english
If you want to settle permanently in the UK within 5 years
If you took the CEFR A1 when you first applied for your visa, you’ll need to take a CEFR A2 test when you apply to stay after 2.5 years.
Char (CR001 not Casa)
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Re: Able to take CEFR A2 after decision has been made?

Post by TheDrkKngt » Sat Jan 25, 2020 5:11 pm

CR001 wrote:
Sat Jan 25, 2020 3:24 pm
TheDrkKngt wrote:
Sat Jan 25, 2020 3:03 pm
That is the thing, how are we supposed to know its mandatory if we want a 5 year route. It's not specified anywhere! If we knew the English Test was required for a 5 year route my wife would have taken it.
This has been in place since may 2017 and was well published.

immigration-for-family-members/importan ... 19289.html

https://www.gov.uk/uk-family-visa/knowledge-of-english
If you want to settle permanently in the UK within 5 years
If you took the CEFR A1 when you first applied for your visa, you’ll need to take a CEFR A2 test when you apply to stay after 2.5 years.

Again, on the application no checkbox for what one wants to apply. If one looks at the application they will understand.

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Re: Able to take CEFR A2 after decision has been made?

Post by AmazonianX » Sat Jan 25, 2020 5:26 pm

TheDrkKngt wrote:
Sat Jan 25, 2020 5:11 pm
CR001 wrote:
Sat Jan 25, 2020 3:24 pm
TheDrkKngt wrote:
Sat Jan 25, 2020 3:03 pm
That is the thing, how are we supposed to know its mandatory if we want a 5 year route. It's not specified anywhere! If we knew the English Test was required for a 5 year route my wife would have taken it.
This has been in place since may 2017 and was well published.

immigration-for-family-members/importan ... 19289.html

https://www.gov.uk/uk-family-visa/knowledge-of-english
If you want to settle permanently in the UK within 5 years
If you took the CEFR A1 when you first applied for your visa, you’ll need to take a CEFR A2 test when you apply to stay after 2.5 years.

Again, on the application no checkbox for what one wants to apply. If one looks at the application they will understand.
The application and guidance Of HO is not detailed enough and carrying out exhaustive search will help.
If not for a forum like this, the rate of visa refusals will be unbelievable.

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Re: Able to take CEFR A2 after decision has been made?

Post by CR001 » Sat Jan 25, 2020 5:44 pm

TheDrkKngt wrote:
Sat Jan 25, 2020 5:11 pm
CR001 wrote:
Sat Jan 25, 2020 3:24 pm
TheDrkKngt wrote:
Sat Jan 25, 2020 3:03 pm
That is the thing, how are we supposed to know its mandatory if we want a 5 year route. It's not specified anywhere! If we knew the English Test was required for a 5 year route my wife would have taken it.
This has been in place since may 2017 and was well published.

immigration-for-family-members/importan ... 19289.html

https://www.gov.uk/uk-family-visa/knowledge-of-english
If you want to settle permanently in the UK within 5 years
If you took the CEFR A1 when you first applied for your visa, you’ll need to take a CEFR A2 test when you apply to stay after 2.5 years.

Again, on the application no checkbox for what one wants to apply. If one looks at the application they will understand.
You applied for the flr m visa extension, but failed to meet the englis requirment and ho automatically granted for fp partner route in the 10 year path. No one has said you applied for the wrong visa extsnion. Ho do actually know the rules and if had submitted the A2 test, you would have received the correct extension flr m 5 year route

It is and always has been, an applicants responsibility to make sure they meet all the requirements and submit the mandatory required documents. You failed to do this.
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Re: Able to take CEFR A2 after decision has been made?

Post by TheDrkKngt » Sat Jan 25, 2020 8:33 pm

I will never admit it was a user error, because I sincerely believe the process of applying for a Visa extension is not black and white. Like the old saying goes 'the customer is always right'

So I guess nobody been in a similar situation?

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Re: Able to take CEFR A2 after decision has been made?

Post by CR001 » Sat Jan 25, 2020 8:53 pm

You failed to do your research on what is required at extension stage, by your own admission you wrote she doesn't have an English test because she didn't do one, yet say you are not at fault. If you relied solely in the online form, then that is another error. By admitting in the form that and English test wasn't done, the requirement is for ho to process it on the basis the visa extension has been granted, 10 year route. Did you miss the part of the form where she would have agreed to the limited leave to remain FLR FP route if she didn't meet the FLR m mandatory requirements.

Given that you have been a member of the forum for a few years now, why did you not ask questions before applying to get a sanity check so to speak??
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Re: Able to take CEFR A2 after decision has been made?

Post by TheDrkKngt » Sat Jan 25, 2020 9:52 pm

CR001 wrote:
Sat Jan 25, 2020 8:53 pm
You failed to do your research on what is required at extension stage, by your own admission you wrote she doesn't have an English test because she didn't do one, yet say you are not at fault. If you relied solely in the online form, then that is another error. By admitting in the form that and English test wasn't done, the requirement is for ho to process it on the basis the visa extension has been granted, 10 year route. Did you miss the part of the form where she would have agreed to the limited leave to remain FLR FP route if she didn't meet the FLR m mandatory requirements.

Given that you have been a member of the forum for a few years now, why did you not ask questions before applying to get a sanity check so to speak??
Why would I not have relied solely on the online form? That is the process, no? I answered each question on my wife's behalf as according to what questions we were asked on the form, it's as simple as that. Like I have mentioned several times, there was no option to choose which route we wanted take. 5 or 10 year route.

Yes I have been a member of the forum for a few years, but this week was the first time I logged back in after a few years to post my question.

I dont really want to waste my time faffing around if nobody can tell me if they haven't experienced something similar to what we have. If nobody can answer my question instead of pointing out that it's my error I feel like I have really wasted my time as I just want to get straight to the point of switching to the 5 year route if possible without applying for the whole thing again.

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