Waiver - KOLL ( exemption life in UK test )

Tottenham1 · Post by **Tottenham1** » Tue Oct 01, 2019 6:39 pm

Hello everyone

I would greatful if could share your experience or have heard someone withsame situation like ours:

My partner it's about to apply for ILR 5 years spouse.
Unfortunately he it's suffering from depression and been on medication for about 4 years, she got been to IPAF therapy but they are refusing to fill KOLL they are addressed us to GP will GP would be good enough what are you guys have heard from past as our solicitor told us -this it's to:- Case worker discretion to grant him the waiver.

We are getting very anxious please share thoughts

CR001 · Post by **CR001** » Tue Oct 01, 2019 6:51 pm

There was a refusal in the last few months for limited supporting evidence for a similar medical issue. HO might ask for more evidence, they might not.

Note also that there is no exemption for citizenship and if your spouse aims to get British citizenship, they will still need English B1 and LIUK.

Tottenham1 · Post by **Tottenham1** » Tue Oct 01, 2019 7:01 pm

Thanks for your prompt response CR001 it's very nice of you.

Hopefully other forum members will have more news in the coming days.

CR001 · Post by **CR001** » Tue Oct 01, 2019 7:17 pm

Members don't ask for exemption as refusal risk is too high for those between 18 and 65. The type of medical conditions that have received approval has been things like illiteracy and no education, severe mental health issues such as schizophrenia/bipolar, stroke patient, advance cancer, genetic disabilities, blindness etc with substantial supporting medical evidence and many years history of the condition(s).

Members simply do the fairly easy B1 test and LIUK (which can be done with headphones to hear the questions rather than reading and there are 100s of online practice sites for mobile phones) rather than risk losing £3k for a refused ILR and being put on a new 10 years route FLR(FP) - 4 x 2.5 year visas - and because it will be required for citizenship where only under 18 and over 65 are exempt.

Tottenham1 · Post by **Tottenham1** » Thu Oct 03, 2019 7:32 pm

Having a partner suffering from depression isn't easy it's hard for me to convince him to get life in UK test etc.

He can't work can't do much really in the last 4 years everything has gone downhill, Funny think it's he gets upset for a moment but forget about quite quickly and till your reminder again.

We got no choice but We will ask Home office to consider Koll waiver form We (he) will be applying in next three weeks.

in meantime if anyone been same situation please share your experience as give me a bit comfort.

I will also do the same in coming weeks.

Special thanks to CROO1

Tottenham1 · Post by **Tottenham1** » Sat Nov 23, 2019 12:38 pm

====update==== 2019-11-23

We received yesterday this letter via recorded delivery from the Home Office.

Thank you for your recent application for Indefinite Leave to Remain. I have reviewed your application and unfortunately, your Koll waiver has not been approved.

and other this explain Why and given 15 working day showing a pass and a Trinity , IELTS Certificate , B1 or above.must submit

We are devastated hopefully will not be asked to return home after 5 years dispute lawyer saying would happen but his prediction wasn't right but CR001 was right reply to me,I better donated they money to this forum helping other than paying extra to be wasted as apparently i may be asked to pay more if another visa in different route issed

Thanks for your information to everyone replied to my queries I will update in future with the outcome or if anyone same position feel free to ask questions

Tottenham1 · Post by **Tottenham1** » Sat Jan 18, 2020 8:00 pm

Thirty months visa been issued to for an extra fee of 1000 we intend to apply for a judicial review, but our solicitor said should write first “Pre-action Letter” to the Home Office informing them of this, giving them a chance to withdraw their decision without having to go to the point of a judicial review. She its saying wouldn’t charge us but for JR we have to pay, as we apparently need to instruct a barrister it’s so unfear.

CR001 · Post by **CR001** » Sat Jan 18, 2020 8:10 pm

You really would have been better off applying for a spouse visa extension instead of ilr.

He has likely now been out on the 10 year FLR fp route now, 4 X 2.5 year visas.

What medical evidence did you submit for the waiver?

Tottenham1 · Post by **Tottenham1** » Sun Feb 09, 2020 8:43 am

Dear Cr001

We submitted the Koll waiver form which was filled by NHS psychiatrist it was only that FORM, no covering letter at all as he said....:- he should really do this as it extremely busy but somehow felt' sorry for us as we could have done this privately.

I'm devastated rare than spending money on the family I have to pay barrister to see if any Grounds for Judicial Review after we got the response from the PAP letter from Home Office.

So far its appears what you said Cr001 on your reply and my solicitor doesn't look very optimistic, I have noticed that the solicitor its extremely cautions about JR

Our solicitor its been practicing according to SRA web since 1995 and on the beginning did make very clear that these cases are rare and complicated

****

vinny · Post by **vinny** » Sun Feb 09, 2020 11:04 am

D-ILRP.1.2. appears to be consistent with the original intention of keeping applicants on the same path due to failing KoLL.

EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULES LAID ON 19 MARCH 2007 (HC 398)

In its February 2005 paper ‘Controlling Our Borders: the Five Year Strategy for Asylum and Immigration’, the Government set out its intention to require those coming to the UK to pass English language and knowledge of the UK tests before they are granted permanent settlement rights. These requirements are related to the factors that are most closely linked to migrants succeeding in the UK and becoming economically active, and are intended to encourage greater social integration. The Government formally announced on 4 December 2006 that this change to the immigration rules would be introduced in April 2007.

In making these changes the Government wishes there to be a clearer distinction between the decision to come to the UK for a limited period of time and the decision made by an individual to make the UK their permanent home. It wishes those who make their permanent home here to see this as a separate decision involving rights and responsibilities that are close to those of full citizenship. The tests it has chosen are those that, in order to pass them, require the applicant to demonstrate skills that are important for social and economic participation. The degree to which these skills are exercised will vary from person to person but the possession of these skills leads to greater levels of participation and to better long term outcomes for individuals in terms of employment and wider social access.

These rules changes ensure that no-one will be refused leave to remain in the UK simply because they have not passed the tests. The provisions allow for them to be granted further leave to remain providing they continue to qualify under the immigration rules as they have done to this point. As soon as they have taken and passed the test they may, if they meet the other requirements for settlement, be granted settlement. Applying to live permanently in the UK thus becomes linked to the exercise of a particular choice to do so and a willingness to embrace the language and the main precepts of its civic organisation. There will be no possibility, therefore, of splitting families or requiring individuals to leave the UK solely because this test has not been taken and passed. Although it is possible for one family member to pass the test and another to fail it they can choose to remain and settle at different times or, as most frequently happens when the test is applied at the nationality stage, wait until they are able to qualify together.

If they don’t exempt you from KoLL, then it’s possible that you may remain on the 5-year path.

Tottenham1 · Post by **Tottenham1** » Sat Feb 29, 2020 7:55 pm

Our solicitor has written a A pre-action protocol letter and more than 14 days have past and no reply yet!!! unbelievable

Zerubbabel · Post by **Zerubbabel** » Sat Feb 29, 2020 8:38 pm

Hello

I am sorry for what you are going through. I have zero sympathy for depressed people but I have a lot for their family and loved ones. I hold the belief that depression a self-inflicted condition. In the UK, as in Germany, Switzerland, France... doctors are quick to diagnose "depression" and prescribe drugs that would ensure the person is transformed into a zombie. Sorry, I come from a country where this considered as Western non-sense. So culturally I have some issues relating to someone claiming depression.

Picking up a fight against the Home Office one these grounds is possibly going to make some solicitor rich. There is no absolute right for exemption. I give you a measurement unit that was once thought to me "The Daily Mail front page". Many administrations in the UK think like that: "how do we look if our decision ends up in the front page of the Daily Mail?". So if, God forbid, your husband was suffering from a terminal cancer and applying for the ILR as a dying wish, the Home Office would have been compelled to give an exemption. Just think how a refusal would look on the Daily Mail.

If they exempt people who are feeling depressed, half of the country will be exempt. If you have a few grands to spare, rather than throwing them on a solicitor with a dubious result, I can only recommend that you pay a trip for your husband to a place when the sun shines, people are poor, but take the life as it comes even if they are not lucky enough to live in the UK.

All the best!

Tottenham1 · Post by **Tottenham1** » Thu Jun 18, 2020 10:33 am

We applied for JR and been told by our solicitor that JR permission it’s been granted on papers. I’m happy but solicitor it’s a bit wired he said it isn’t over yet dispute that it’s a change they may settle.

Let’s wait and see

Tottenham1 · Post by **Tottenham1** » Mon Jun 22, 2020 2:18 pm

Hello everyone

When I checked my husband the BR card been are been check against the https://right-to-work.service.gov.uk/ and this message it’s been shown it’s that mean the decision it’s been made ?! [/img]and Existing BR card been cancelled as it was showing the photo and date of leave but I checked it shows the below information or could just an IT issue.

Anyone has any ideas what could be or come across before.

The wording it’s below,

We cannot show your details

To prove your right to work, show your employer your:
* EU, EEA or Swiss passport or national identity card
* biometric residence document
* or other identity documents

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Waiver - KOLL ( exemption life in UK test )