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You failed to submit the required English test, hence you failed to meet the English requirement and the rules then state it is a 10 year partner route that is granted. This is what the rules state.
Although it was your biggest fault but still putting her on 10 years of route is quite unfair treatment despite still having the valid visa. You should have been asked to supply the correct level of English language test which although only happens in very few cases depending on individual caseworker. In my opinion better to pass the required A2 or B1 test and then complain and ask for reconsideration of decision by supplying the new correct test. Don't accept that decision or sit silent because in long run it will cost you more.TheDrkKngt wrote: ↑Wed Jan 22, 2020 7:59 amMany thanks for replying Amber.
The problem is we took the application for granted that it will be for a 5 year route and specifically wrote on the application that she didnt pass an approved language test, because she didnt take one. If she were to take one she would pass. There was no real clarity if it we were applying on a 10 year or 5 year family route?
So the question is can she take the required English test before her current visa expires in March 2020 or maybe switch to a 5 year route? If she can switch to a 5 year route, how would she do that?
Many Thanks.
That means you were already known that you haven't got the correct English language testTheDrkKngt wrote: ↑Sat Jan 25, 2020 2:30 pm
On the application we specifically wrote she has not passed an english test at an approved English Language test centre. Which is the truth,
But at least you should know that it won't extended under same route if something which is mandatory is missing.TheDrkKngt wrote: ↑Sat Jan 25, 2020 2:30 pm
because how are we expected to know which route she will be put on my default
That is the thing, how are we supposed to know its mandatory if we want a 5 year route. It's not specified anywhere! If we knew the English Test was required for a 5 year route my wife would have taken it.seagul wrote: ↑Sat Jan 25, 2020 2:58 pmThat means you were already known that you haven't got the correct English language testTheDrkKngt wrote: ↑Sat Jan 25, 2020 2:30 pm
On the application we specifically wrote she has not passed an english test at an approved English Language test centre. Which is the truth,
But at least you should know that it won't extended under same route if something which is mandatory is missing.TheDrkKngt wrote: ↑Sat Jan 25, 2020 2:30 pm
because how are we expected to know which route she will be put on my default
This has been in place since may 2017 and was well published.TheDrkKngt wrote: ↑Sat Jan 25, 2020 3:03 pmThat is the thing, how are we supposed to know its mandatory if we want a 5 year route. It's not specified anywhere! If we knew the English Test was required for a 5 year route my wife would have taken it.
If you want to settle permanently in the UK within 5 years
If you took the CEFR A1 when you first applied for your visa, you’ll need to take a CEFR A2 test when you apply to stay after 2.5 years.
CR001 wrote: ↑Sat Jan 25, 2020 3:24 pmThis has been in place since may 2017 and was well published.TheDrkKngt wrote: ↑Sat Jan 25, 2020 3:03 pmThat is the thing, how are we supposed to know its mandatory if we want a 5 year route. It's not specified anywhere! If we knew the English Test was required for a 5 year route my wife would have taken it.
immigration-for-family-members/importan ... 19289.html
https://www.gov.uk/uk-family-visa/knowledge-of-english
If you want to settle permanently in the UK within 5 years
If you took the CEFR A1 when you first applied for your visa, you’ll need to take a CEFR A2 test when you apply to stay after 2.5 years.
The application and guidance Of HO is not detailed enough and carrying out exhaustive search will help.TheDrkKngt wrote: ↑Sat Jan 25, 2020 5:11 pmCR001 wrote: ↑Sat Jan 25, 2020 3:24 pmThis has been in place since may 2017 and was well published.TheDrkKngt wrote: ↑Sat Jan 25, 2020 3:03 pmThat is the thing, how are we supposed to know its mandatory if we want a 5 year route. It's not specified anywhere! If we knew the English Test was required for a 5 year route my wife would have taken it.
immigration-for-family-members/importan ... 19289.html
https://www.gov.uk/uk-family-visa/knowledge-of-english
If you want to settle permanently in the UK within 5 years
If you took the CEFR A1 when you first applied for your visa, you’ll need to take a CEFR A2 test when you apply to stay after 2.5 years.
Again, on the application no checkbox for what one wants to apply. If one looks at the application they will understand.
You applied for the flr m visa extension, but failed to meet the englis requirment and ho automatically granted for fp partner route in the 10 year path. No one has said you applied for the wrong visa extsnion. Ho do actually know the rules and if had submitted the A2 test, you would have received the correct extension flr m 5 year routeTheDrkKngt wrote: ↑Sat Jan 25, 2020 5:11 pmCR001 wrote: ↑Sat Jan 25, 2020 3:24 pmThis has been in place since may 2017 and was well published.TheDrkKngt wrote: ↑Sat Jan 25, 2020 3:03 pmThat is the thing, how are we supposed to know its mandatory if we want a 5 year route. It's not specified anywhere! If we knew the English Test was required for a 5 year route my wife would have taken it.
immigration-for-family-members/importan ... 19289.html
https://www.gov.uk/uk-family-visa/knowledge-of-english
If you want to settle permanently in the UK within 5 years
If you took the CEFR A1 when you first applied for your visa, you’ll need to take a CEFR A2 test when you apply to stay after 2.5 years.
Again, on the application no checkbox for what one wants to apply. If one looks at the application they will understand.
Why would I not have relied solely on the online form? That is the process, no? I answered each question on my wife's behalf as according to what questions we were asked on the form, it's as simple as that. Like I have mentioned several times, there was no option to choose which route we wanted take. 5 or 10 year route.CR001 wrote: ↑Sat Jan 25, 2020 8:53 pmYou failed to do your research on what is required at extension stage, by your own admission you wrote she doesn't have an English test because she didn't do one, yet say you are not at fault. If you relied solely in the online form, then that is another error. By admitting in the form that and English test wasn't done, the requirement is for ho to process it on the basis the visa extension has been granted, 10 year route. Did you miss the part of the form where she would have agreed to the limited leave to remain FLR FP route if she didn't meet the FLR m mandatory requirements.
Given that you have been a member of the forum for a few years now, why did you not ask questions before applying to get a sanity check so to speak??