Initial refusal for 5 years as English test not recognised

[Jeppie62]

Good Afternoon.,
My wife applied for her ILR last August (2018) but was refused as the English test she originally took and was valid for her previous 2 x 2.5 years of FLR was no longer recognised. We are going through the 5 year Spouse visa. Our 2 children were born here, they are 2 and 5 years old and I am a British Citizen.
We were told that we would have to pay another £500 NHS payment and would then be granted another 2.5 years FLR and go through the 7 year route.
My question is; Can she take the SELT A2 (I think it is) English test and then can we re-apply as part of the original 5 year route?
What I don't want to happen is that; we apply now and they refuse her and keep the monies paid again and instruct her that we can only apply under the 7 year route.
Any advice would be appreciated.
Kind Regards
David

[aman90]

What did the letter say exactly?
Did you not contest this? She could have sat for it at the time and avoided this.

[CULLINAN]

https://www.trinitycollege.com/site/?id=3220

[Jeppie62]

What did the letter say exactly?
Did you not contest this? She could have sat for it at the time and avoided this.

Hi, The refusal letter did not give us any option It was short and quite abrupt if I am honest.
It stated that she was being refused due to the lack of English test that qualified and that if we didn't pay the NHS fee within 7 days and process for a further 2.5 years then she would be classed as an overstayer.

[aman90]

Good Afternoon.,
My wife applied for her ILR last August (2018) but was refused as the English test she originally took and was valid for her previous 2 x 2.5 years of FLR was no longer recognised. We are going through the 5 year Spouse visa. Our 2 children were born here, they are 2 and 5 years old and I am a British Citizen.
We were told that we would have to pay another £500 NHS payment and would then be granted another 2.5 years FLR and go through the 7 year route.
My question is; Can she take the SELT A2 (I think it is) English test and then can we re-apply as part of the original 5 year route?
What I don't want to happen is that; we apply now and they refuse her and keep the monies paid again and instruct her that we can only apply under the 7 year route.
Any advice would be appreciated.
Kind Regards
David

It seems by paying and accepting the offer she’s now on the 7 year route. I hope it’s just the extra 2 years and her clock hasn’t reset as it seems to have for others..

[Jeppie62]

Good Afternoon.,
My wife applied for her ILR last August (2018) but was refused as the English test she originally took and was valid for her previous 2 x 2.5 years of FLR was no longer recognised. We are going through the 5 year Spouse visa. Our 2 children were born here, they are 2 and 5 years old and I am a British Citizen.
We were told that we would have to pay another £500 NHS payment and would then be granted another 2.5 years FLR and go through the 7 year route.
My question is; Can she take the SELT A2 (I think it is) English test and then can we re-apply as part of the original 5 year route?
What I don't want to happen is that; we apply now and they refuse her and keep the monies paid again and instruct her that we can only apply under the 7 year route.
Any advice would be appreciated.
Kind Regards
David

It seems by paying and accepting the offer she’s now on the 7 year route. I hope it’s just the extra 2 years and her clock hasn’t reset as it seems to have for others.

Crikey, I hope not!
Its looks like I am going to have to bite the bullet and get a solicitor involved.
Shame really as I have been able to sort the paperwork out for the last 6 years, even though it costs approx. £2000 per time for a FLR.
Our UKBA are very poor when it comes to contacting them for advice on a particular issue.

[MultreesLaw]

You must pay the IHS fee to validate your current visa; then you should be able to resit the test and apply for ILR again.