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Re-applying ILR Set(M), after being refused due to incorrect English language test

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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gdl
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Re-applying ILR Set(M), after being refused due to incorrect English language test

Post by gdl » Wed Oct 16, 2019 12:26 pm

Good day all,

I am going to ask a silly question to put my doubts at rest. So if you could just validate for the peace of my mind. Else, I will be gambling with £3.3k which I am sure you all do not want me to :-)

I completed my 5 years in the UK last year. I applied for ILR as Set (M), as my wife is a UK citizen. I submitted Pearson, which I undertook in 2013 during my initial application for entry and which btw is much tougher than the GESE B1 they now require. Obviously, visa was rejected, visa and superpriority fee lost, and NHS surcharge also added as a reward.

Now although my BRP stated limited leave until 2021, can I re-apply my ILR. I have completed the english language test too.

Best regards.

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aman90
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Re: Re-applying ILR Set(M), after being refused due to incorrect English language test

Post by aman90 » Wed Oct 16, 2019 12:38 pm

Your ILR clock was reset when you accepted the new visa.

gdl
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Re: Re-applying ILR Set(M), after being refused due to incorrect English language test

Post by gdl » Wed Oct 16, 2019 12:44 pm

Sorry Aman, I do not get that. Can you elaborate. For Set (M) applicants it's only the total time, for example on a 5 year route, that's all the time required for application of ILR.

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CR001
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Re: Re-applying ILR Set(M), after being refused due to incorrect English language test

Post by CR001 » Wed Oct 16, 2019 2:54 pm

Under what section of the immigration rules were you given 2.5 year visa??

If ho put you on the 10 year route, 4 X 2.5 year visas, then no you cannot apply again as your route has changed.

You can only apply again if you have 5 years FLR M under Appendix FM.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

gdl
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Re: Re-applying ILR Set(M), after being refused due to incorrect English language test

Post by gdl » Thu Oct 17, 2019 7:22 am

Thank you CR01,

I am under the 5 year Set (M) category.

Best regards,
gdl

gdl
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Re: Re-applying ILR Set(M), after being refused due to incorrect English language test

Post by gdl » Tue Dec 03, 2019 11:27 am

Hi all, any more feedback please. Will be much appreciated.

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aman90
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Re: Re-applying ILR Set(M), after being refused due to incorrect English language test

Post by aman90 » Tue Dec 03, 2019 11:56 am

gdl wrote:
Tue Dec 03, 2019 11:27 am
Hi all, any more feedback please. Will be much appreciated.
Sorry but what does ur decision letter say exactly.

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