ILR Refused due to wrong English test

[Stike]

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.

After your ILR is granted, complain and ask for a refund of your fees for the new application back, as the caseworkers failed to follow their above guidance.

Hi Vyinng,
Can you help me here , my application has been refused on the basis of English test alone. They offered me 30 months extension which I will be refusing because it will put me on 10 year route .I am on the spouse 5 year (SET M ) route am thinking of reapplying . Any chances ? Waiting for my passport so I can sit the exams but the issues my visa has run out eventhough I made my application in time within 28 . Can I still reapply and the chances if I am able to sit the exam . The rule says 14 days how true is this ? Can I submit another application within the 14days and will not be punished ? Will the H office say my current visa has run out or the 14 days is grace period for me to reapply . They said English test document from the old Pearson academic I used is not valid. Was not given the chance to sit , they also had my if which means I couldn’t book the exams.
Thank you .

[bluebird12]

What is the Date they have given you to provide valid English test certificate ? If you do provide English test by that date you would be fine , if not and you do not accept to be granted 30 months LTR and pay IHS then you will be overstayers because as you said your LTR has already expired.

But UKVI has given you 14 days time period to pass and provide valid English test certificate , this the time period normally they allow applicants...

Once you become overstayer then you can not apply again ...

[Stike]

Hi
my visa has expired with the HO following refusal 3 days. They refused me based on the English test as i submitted the old qualification.My question is can i reapply when i received my documents. is there any time window legally for spouse to reapply or i will be classified as over stayer and the application refused.
Thank you.

[Stike]

After your ILR is granted, complain and ask for a refund of your fees for the new application back, as the caseworkers failed to follow their above guidance.

Hi Vyinng,
Can you help me here , my application has been refused on the basis of English test alone. They offered me 30 months extension which I will be refusing because it will put me on 10 year route .I am on the spouse 5 year (SET M ) route am thinking of reapplying . Any chances ? Waiting for my passport so I can sit the exams but the issues my visa has run out eventhough I made my application in time within 28 . Can I still reapply and the chances if I am able to sit the exam . The rule says 14 days how true is this ? Can I submit another application within the 14days and will not be punished ? Will the H office say my current visa has run out or the 14 days is grace period for me to reapply . They said English test document from the old Pearson academic I used is not valid. Was not given the chance to sit , they also had my if which means I couldn’t book the exams.
Thank you .

Hi Vyinng,
my visa has expired with the HO following refusal 3 days. They refused me based on the English test as i submitted the old qualification.My question is can i reapply when i received my documents. is there any time window legally for spouse to reapply or i will be classified as over stayer and the application refused.

Can you answer please.
Thank you.

[vinny]

Fortunately, failing ILR (under D-ILRP.1.2.) because of KoLL does not reset the 5 year path, consistent with the original intention.

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 applying (within 14 days) after overstaying, then must also include good reasons.

[Stike]

Thank you , will reapply and the complain for refund after .

Can someone help me with the complaint letter as others have done on this forum and received positive response . The address to send the compliant . Any advice will be appreciated .

[bluebird12]

Have you received your refusal letter ?

Normally UKVI ask for IHS payment and issue further LTR to allow applicant time to pass English test if all other requirements are met and refusal is due to only English language test.

[secret.simon]

my application has been refused on the basis of English test alone.

Given the flag on your profile, are you a Canadian citizen? If so, you would be exempt from the English language requirement.

[CR001]

All topics merged. Kindly desist from tagging onto other members threads and keep all your questions in this topic (click to read forum rule)

[Stike]

Thank you .

[Stike]

my application has been refused on the basis of English test alone.

Given the flag on your profile, are you a Canadian citizen? If so, you would be exempt from the English language requirement.

No I am from the common wealth, the flag is adopted I will be waiting for them to return all the document since I don’t intend to pay the IHS then since I made an in time application, will use the 14 days grace period to sit the English test then reapply . That’s was the only reason . The test cert I added in the postal application was from Pearson . Hopefully it will be granted . What do you think .

[ILR_refused2019]

We almost have the same case. But the case worker ask me and my son to pay IHS she missed the payment i made saying bec of that my application turn down and sent back all my docs except passport and brp. What I did i apply for administrative reviews. You need to pay £80.00 I haven't give chance to appeal.but that's the best option our case almost same time.im not surprise if we have the same caseworker.
If you read the immigration rule part 1 under ILR paragraph 39c u will know what u can do. Also immigration act 1971 under 3c you will know what rights u can be able to provide when u do AR.
Good luck to us

[Stike]

Why didn’t they return the passport ?

[ILR_refused2019]

I dont know perhaps they might think we are going to run away i actually dont know what the case worker think. Just bec she didn't check that I paid the IHS she required .She just made her decision to turn down the application. On her letter she just said that we will be remove from the country with out any explanation what to do next. She just think what her decision has been made and therefore we have to leave. It's quite insulting that she disregard all the effort and money £7000 for me and my son and IHS £2000 total 7k. I applied for AR and pay another £80 until now nothing has been done except instruct me go home.
It's really frustrating and also angry this not the way to treat people paying so much money and.working hard paying tax to this country . The more I think about this the more I find myself like a trash its just soo inhumane..
I have applied for AR last wed. To make sure I have enough time to take steps. I'm will not give until the caseworker will reply to me i sent a letter to her for the proof of IHS been paid at certain time and ask
her if i can get B1 ENGLISH TEST and move on. A very simple mistake that turn our life upside down.

[Stike]

Please, could you clarify how does the Home office counts the 14day grace period after they refuse the in-time application? For example, if an application was made on 18th July 2016 and is refused on 21st July 2017 and posted but for unknown reason post is received 10 days later on 31st July 2017. In this situation when does the 14 days grace period start for an applicant to take a new action?

Now they send refusal letter and ask that you pay IHS for 30 months without returning documents . Does 14 days grace period start from the day you receive all documents to consider whether to reapply or go AR. Bit confused can someone clarify the two scenarios.

[Stike]

Where you given the administrate review forms or you downloaded yourself . What options were you given together with the refusal letter?

[Stike]

After your ILR is granted, complain and ask for a refund of your fees for the new application back, as the caseworkers failed to follow their above guidance.

Hi Vyinng,
Can you help me here , my application has been refused on the basis of English test alone. They offered me 30 months extension which I will be refusing because it will put me on 10 year route .I am on the spouse 5 year (SET M ) route am thinking of reapplying . Any chances ? Waiting for my passport so I can sit the exams but the issues my visa has run out eventhough I made my application in time within 28 . Can I still reapply and the chances if I am able to sit the exam . The rule says 14 days how true is this ? Can I submit another application within the 14days and will not be punished ? Will the H office say my current visa has run out or the 14 days is grace period for me to reapply . They said English test document from the old Pearson academic I used is not valid. Was not given the chance to sit , they also had my if which means I couldn’t book the exams.
Thank you .

Hi Vyinng,
my visa has expired with the HO following refusal 3 days. They refused me based on the English test as i submitted the old qualification.My question is can i reapply when i received my documents. is there any time window legally for spouse to reapply or i will be classified as over stayer and the application refused.

Can you answer please.
Thank you.

Hi Vyinng

Set (M) application refused as a result of only English test . Refusal letter received with option for 30 months extension. Thinking of reapplying but am yet to receive supporting documents and passport and application forms.
My question is when does 14 days grace period starts and end ?

Thank you .

[ILR_refused2019]

As we have the same case.dont worry about your visa had expired bec. You are protected with the immigration act 1971 section 3c if u can Google it. What I did apply for administrative review and pay £80.00 and wait for the reply they 28 days to go back to u..the case worker made an error to decide your application. If you read the immigration rule part 1 paragraph 39 c you also find out where your ILR application stands.
Good luck to both of us. Keep posted

[Stike]

Hey good news ! I did reapply and it was approved the next day . I have my BRP card and all sorted . Now going to complain and ask for the application for the second application. They return the passport with the documents so I noooked the English and invoke rule 39E with covering letter.
Thank you all . Esp Vying

Can some help with the complaint letter .

[ILR_refused2019]

Hi how did u manage to re apply have they give back your pass port.? Bec my case still nothing?? I cant afford to pay another £4700 for me and my son
By the way they took the £1000 and return another £1000 from IHS since originally they ask me to 1000 but on the website they increased. My admin review refused and will return £80 . I have 2 response both admin review and admin complaint. They have the same answer that I have to wait for the case worker team to comeback to me. I feel so frustrated its been nearly 6 mons. Since I apply.