ILR Refused and given extension

[halz]

Hi

A named applicant has applied for ILR after living in UK on a spouse visa for 5 years.

Application was made early 2019.

The application was refused due to only one reason which is insufficient qualification of English knowledge providing that an ESOL at Level 1 (equivilant to B1/B2) was submitted with the application.

The HO has instead given another 30 months (2.5 years) visa extension.

Question: If the applicant accept the extension offer, would the applicant be able to re-apply for ILR straight away or would they have to wait until the end of the 2.5 year extension given.

Please note that the applicant has already been living in the UK for 5 years when they applied to ILR at the beginning of 2019.

Any help and advice on this is appreciated.

Regards.

[zimba]

Case workers are expected to let the candidate sit an English language test if necessary.
You should be careful with UKVI offers as most of the time this will put the migrant under the 10 year spouse FLR(FP) route making it impossible to apply for ILR. If FLR(M) is offered then the migrant can apply for ILR immediately.

[halz]

Thank you very much for you reply Zimba.

Is the caseworker supposed to give a chance to the applicant to sit the exam by law?

Thanks.

[zimba]

You must then write to the applicant explaining that the Home Office is unwilling to
accept the test or qualification as evidence that the KoLL requirement is met and
give them the opportunity to re-sit the KoL test or take another B1 level test.

https://assets.publishing.service.gov.u ... 1.0ext.pdf