ILR application refused bec of B1 english test

[ILR_refused2019]

Hi to all,
My ILR application being turn down bec. Of single reason that my B1 english wasnt provided. The Case worker first letter ask me.to pay IHS before they can give a leave to remain of 30m instead. Bec my application will only be valid if i pay the IHS.after the due date Feb.7 i received the reply with all my documents saying I dont pay the surcharge and therefore iam required to leave the country.
I was in disbelief Bec we paid the IHS and it appeared on my husband bank statement.i guess she missed it or i dont know why she didn't see it.it is on my account that on the website payment with the reference no. on it. I dont know what to do im in distress at the moment I have done a few email to chase the case worker hoping she have to look at it again. I found the administrative review and pay another £80.00. She have sent all my documents back. Except the passport and brp. I'm so worried whats gonna happend next she didn't even give me chance to appeal its like im in dark room dont know what to do.
Today I sent a letter to that caseworker and sent copy of my husband bank statement to probe we paid the money she ask. I also found on website immigration rules part 1 paragraph 39c that english required can or May give the chance to take the test.
Can anybody have the same case as me can share theyre experience and what is the best way to do.
At the moment I'm expecting the worst scenario but I wiĺl not give up to reach to a decision that is acceptable and can be according to rule of law on immigration.
Any advice will help me feel better. God bless!
Mrs. ILR

[zimba]

So your English language test was not accepted, you were offered the 10 year partner route and asked to pay IHS. Did you pay the IHS on time ? Do you have the IHS reference number ?? This can be argued in AR

[ILR_refused2019]

Zumba thanks for your reply.

Yes we the ref. No. And paid on time but I don't know why the case worker didnt see it. I write to the caseworker and sent copy of bank statement that money been paid.
I also found that english test can be resolve with out reapplying. On immigration rule part 1 paragraph 39 c under ILR.bec originally she give instead another 30mons. Which I dont think I will be happy to accept.

[vinny]

They should have given you an opportunity to do the B1 test.

Being granted FLR due to failing KoLL does not reset the 5 year path.

[ILR_refused2019]

Thanks zimba and vinny its feels better ...I'm hoping to get a chance .I'm trying to contact and email any channel that could enlighten my case. What makes me worry she sent back all my docs. Except our passport and BRP. She didnt say we can appeal. What on the letter is removal from the country.. although that day I received the letter i made my application to administrative reviews and.pay another £80.

[zimba]

You should apply for AR and explain the administrative error as per advice given here. They will not answer emails/letter you must focus on the AR.. This gives you legal protection from overstaying under section 3C (if your visa expired)
If your visa has already expired, withholding the BRP and passports by UKVI is normal procedure. Just file for AR and complain that you should have been given opportunity to take the test. Also that you also paid the IHS and the application should have not been refused at all.

[ILR_refused2019]

I actually apply for administrative on the day I received the docs. That sent back. I just write a letter to the caseworker in case .at least im trying to contact them. I'm hoping to get reply from AR soon coz it's makes my brain drain like having headache and cant focus my work in the factory. I'm taking some time off coz it's stress me out. I'm so upset that the caseworker just make decision so quick not even give me chance at all.like no info what to do next.
On the letter it says that they are removing me and my son. I am married to a British citizen for 7yrs. And it's like my marriage life and my son's life thrown away just bec. I missed the B1 ENGLISH test my husband dont even know what to do he had no idea his an English man married to asian and very distress he is in disbelief what the hell this country are going on. He help me paid almost £7000 for this application and not even an explanation on what to do next. We already paid a lot of money but we didn't get anything.
My husband said even a criminal can make an appeal but on the caseworker letter it says no appeal at all.but I thought no i have to overturn this decision it wasn't a proper judgement.
The prob is the caseworker are also people like us work 8 hours a day finished and go home. No emotional connection just doing theyre job.our future is in theyre hands they dont care how it affects on the person's life. I just find it so unbelievably true . I couldn't even find a one word to explain how they treat my application. My family is in dismay my son worried whats gonna happend and so my husband. Of course me as well.

[zimba]

I understand this is distressing for you and your family. The reality is that mistakes do happen and the caseworker has made a clear administrative error in this case and your AR should succeed. Also you are here legally and protected under section 3C so you are not even an overstayer. So there is no need to worry about removal at all and you are in fact lawfully present here
Those paragraphs are standard and part of the refusal letter template. They have no legal standing if you are not an unlawful resident

[ILR_refused2019]

Thank you so much .I'm glad I joined this forum coz I need to hear ...at least more sensible reply and I would read some of my rights to find out where im standing.

I will keep your forum update i have 28 days for them to reply from AR. And can also help other people who is in the same case as mine.

[ILR_refused2019]

Hi to all,
I just wanted to update my ILR case I have had 2 reply from Admin review complaint email that as of now the case worker team is looking at application and the admin review had the same answer and also they refused my enquiry and so they return my £80 they said my situation is not on the criteria to make an admin review but the case worker is looking in it and they will reply to me as soon as they had theyre decision.
What makes me really upset about its been 5months from they day I sent my application and since then I haven't get any decision. Clearly it was a case worker error and yet im punished to be waiting for my passport to sent back to me.
I really so frustrated about this. Any advice what move i can do.
Thanks