ILR SET M Refused due to no LIUK

[MariaN]

Hi all. Looking for some advice.

On the 14th March 2019 I phoned the home office to ask for advice before starting my application for ILR. I specifically asked the woman who I spoke to if I would need to take the Life in the UK test since I am from the United States. She said no, that being a US national I do not need to take the test nor prove my English speaking ability.

Based off of her advice I did not take the test and began my application. I paid to have a 24 hour response from my appointment and recieved an email saying my application could not be processed and to await a letter for further instructions.

Today I recieved the letter and it states that because I did not complete the Life in the UK test that my application can not be processed. Instead it is now being treated as an application for a 30 months limited leave to remain. They are also asking for me to pay the £1000 health surcharge. I have paid over £3000 for this application and lived in the UK for over 6 years to get to this point. My husband and I have a one year old baby and are completely settled in our home here.

So the advice I am looking for is how can I get my application reviewed. I have booked the test for this week. I want ILR and not another 30 months visa.

[CR001]

Hi all. Looking for some advice.

On the 14th March 2019 I phoned the home office to ask for advice before starting my application for ILR. I specifically asked the woman who I spoke to if I would need to take the Life in the UK test since I am from the United States. She said no, that being a US national I do not need to take the test nor prove my English speaking ability.

Based off of her advice I did not take the test and began my application. I paid to have a 24 hour response from my appointment and recieved an email saying my application could not be processed and to await a letter for further instructions.

Today I recieved the letter and it states that because I did not complete the Life in the UK test that my application can not be processed. Instead it is now being treated as an application for a 30 months limited leave to remain. They are also asking for me to pay the £1000 health surcharge. I have paid over £3000 for this application and lived in the UK for over 6 years to get to this point. My husband and I have a one year old baby and are completely settled in our home here.

So the advice I am looking for is how can I get my application reviewed. I have booked the test for this week. I want ILR and not another 30 months visa.

What is your immigration route to ILR?? You have tagged into a topic which is for refugees applying for ILR, which I doubt is relevant to you if you are a US national.

Note you are exempt from the English test but not Liuk test.

When does or did your visa expire?

The call centre is also outsourced to a third party

[MariaN]

Hi, my route is via aspouse visa (my husband is a UK Citizen), so I have been here for 6 and a half years. 1.5 from being a student, 5 years (2 x 2.5 years) spouse visa.

I am now aware the mistake is made but I was wrongly advised from the call centre and want to rectify for a ILR. I don’t want another 2.5 year visa and have to got through this (emotional and financial) rollercoaster again.

Visa expires on 9th April.

Apologies if I’m in the wrong thread!

Do you think the Home office will be lenient with my letter?

Thanks

Maria

[CR001]

I suggest you do the test as soon as possible and then reapply for ILR before your visa expires.

You will unfortunately have to pay again.

What letter are you referring to exactly??

You need to either pay the IHS for further leave to remain or do the test and reapply for ILR before your visa expires. The leniency you are hoping for is the offer of another 2.5 year visa. They did not have to offer that and could have refused outright.

[MariaN]

I suggest you do the test as soon as possible and then reapply for ILR before your visa expires.

You will unfortunately have to pay again.

What letter are you referring to exactly??

You need to either pay the IHS for further leave to remain or do the test and reapply for ILR before your visa expires. The leniency you are hoping for is the offer of another 2.5 year visa. They did not have to offer that and could have refused outright.

I was thinking of writing a letter to reconsider their offer of 2.5 years and allow me to take the test and with the same application have ILR. What I don’t understand is why they allowed me to put my application through as a question asked if I had done the test which I responded no.

[CULLINAN]

I suggest you do the test as soon as possible and then reapply for ILR before your visa expires.

You will unfortunately have to pay again.

What letter are you referring to exactly??

You need to either pay the IHS for further leave to remain or do the test and reapply for ILR before your visa expires. The leniency you are hoping for is the offer of another 2.5 year visa. They did not have to offer that and could have refused outright.

I was thinking of writing a letter to reconsider their offer of 2.5 years and allow me to take the test and with the same application have ILR. What I don’t understand is why they allowed me to put my application through as a question asked if I had done the test which I responded no.

The form is a generic form. You need LIUK but there are few exemptions like if you are over 65, less than 18, refugee etc. The form will let you through if you say yes or no.

[spybadshah]

Whenever I get information from the call centre, I always verify it by calling them 2-3 times to ensure I get same response from all of them. Unfortunately this is expensive mistake but hopefully they should provide you with couple of weeks to sort out your test - which could be challenge in itself.
Good luck.

[vinny]

I suggest you do the test as soon as possible and then reapply for ILR before your visa expires.

Good advice.

[vinny]

Caseworkers may use discretion to allow applicants to take the LIUK test.

Do you have an appropriate ID to take the test?

[MariaN]

Caseworkers may use discretion to allow applicants to take the LIUK test.

Do you have an appropriate ID to take the test?

I’ve booked the test for Thursday and will attach the certificate with a letter. Fingers crossed they allow it.

[MariaN]

I’ve taken a test and written a letter with my certificate posted with it. I’m hoping they take that and grant the ILR. I’m now waiting however, I’m getting very nervous as I have no response yet.