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SET M application rejected - wrong Eng Lang test

Posted: Tue Dec 04, 2018 12:11 pm
by nick0811
We submitted the SET (M) ILR application on 15th August and heard nothing, not even in junk folder, for over 12 weeks after which we asked our MP to chase it up in mid November. Three weeks later we received a letter advising that as my wife had mistakenly taken the A1 test instead of B1, they would only extend her FLR M visa by another 30 months subject to payment of another £500 health surcharge after which we could reapply for ILR.

Two issues here,

(1) the first is that their service standards advise

If there is a problem with your application or if it is complex, we will write to explain why it will not be decided within the normal standard. We will write within the normal processing time for the 8 week standard and within 12 weeks for the 6 month standard. The letter will explain what will happen next."

We heard nothing for 15 weeks and only then when chased up by our MP

(2) Why could they not simply ask my wife to take the correct test which she would pass easily as she is fluent in English and test site availability is easy within one week.

I was initially tempted to appeal but life is too short and it was a genuine mistake on the part of my wife. At least we get the refund of the difference in application cost but overall this error will still cost us an extra £1,500 by the time we re-apply for ILR which annoyingly we can do at any time as per verbal confirmation from UKVI given that my wife and I have apparently met all other requirements. So again why not just ask for the B1 test submission?

in summary, our mistake but pretty shabby treatment by UKVI

Re: SET M application rejected - wrong Eng Lang test

Posted: Tue Dec 04, 2018 12:39 pm
by aman90
Jeez £1500... granted you didn’t check the correct required qualification but still..if I was you I would definitely appeal. And give half of it to charity :)
The fees are exceptionally high and human error is a possibility. You have suffered the consequences by waiting for so long.

Re: SET M application rejected - wrong Eng Lang test

Posted: Tue Dec 04, 2018 11:01 pm
by Akz82
Hi the exact same scenario happened to me and I was given flr. I however haven’t received a refund of the difference. Did you write a letter to them? As I was told they normally refund it after 90 days. I haven’t written a letter and the 90 days have passed.

Re: SET M application rejected - wrong Eng Lang test

Posted: Tue Dec 04, 2018 11:01 pm
by Akz82
Hi the exact same scenario happened to me and I was given flr. I however haven’t received a refund of the difference. Did you write a letter to them? As I was told they normally refund it after 90 days. I haven’t written a letter and the 90 days have passed.

Re: SET M application rejected - wrong Eng Lang test

Posted: Tue Dec 04, 2018 11:16 pm
by vinny
nick0811 wrote:
Tue Dec 04, 2018 12:11 pm
(2) Why could they not simply ask my wife to take the correct test which she would pass easily as she is fluent in English and test site availability is easy within one week.
Indeed.
Knowledge of language and life in the UK wrote: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.

Re: SET M application rejected - wrong Eng Lang test

Posted: Thu Dec 06, 2018 3:31 pm
by nick0811
Akz82 wrote:
Tue Dec 04, 2018 11:01 pm
Hi the exact same scenario happened to me and I was given flr. I however haven’t received a refund of the difference. Did you write a letter to them? As I was told they normally refund it after 90 days. I haven’t written a letter and the 90 days have passed.
Too early to check for the refund but thanks for the warning. Just to rub salt in the wound, today we received the letter confirming the 30 month extension headed "Five year Parent route" and informing us that we submitted an application under this route. In fact we submitted under SET (M). Incomptetent or what????