ILR refused because of English Language

[RabDin]

I applied for a super priority ILR application on 13/09/2019 (application ref. no. Xxxxxxx) and got appointment for 01/10/2019. At the time of applying, I did not know that my GCSE English Language grade and my two years of university education would not be enough and that I had to take an independent test to prove my proficiency in English Language. However, before receiving the outcome of my ILR application, I found out about this requirement and immediately complied to it by taking the test on the first available opportunity on 06/10/2019 by registering through the Trinity College website. I passed the test and uploaded the provisional document on the website, and also emailed the same to you on 06/10/2019. However, on 07/10/2019, I received email saying that my ILR application was refused on the grounds that my test result was not submitted along with my application.

I have no hesitation in accepting that it was a lapse on my part not to have included my test result with my application, but should I apply for administrative review?

I am a final year student at the University of Surrey. Even though my family and I have been living here permanently since Aug 2014 on Tier 2, I am presently paying international student tuition fee which is a lot more than the local student fee and has no right to take student loan as well. On completion of my stay in UK, I had applied for super priority ILR application in the hope that my application will be approved before 08/10/2019 on which my classes for 3rd year were going to start and so would become eligible to pay Local student fee.

Since my classes have started, therefore, re-applying is not an option and unless my original ILR application is successful I would have to pay International Student fee which is beyond my capacity and would mean that I would be forced to discontinue my studies. I have completed two years of my university course in first class.

[ukvisat2]

What options decision letter gave you?

[aman90]

I passed the test and uploaded the provisional document on the website, and also emailed the same to you on 06/10/2019. However, on 07/10/2019, I received email saying that my ILR application was refused on the grounds that my test result was not submitted along with my application.

There is no harm in trying and sometimes people get lucky.
1. Reconsideration- stating ur circumstances and that you should have been given a chance/opportunity to provide the necessary documentation.
2. Were you informed that ur application couldn’t not be decided upon within 24 hrs?
3. Has ur current leave expired?

[aby00156]

From what I see,

Your appointment was on 01/10/19 and then you uploaded your English result on 07/10/19.

You must upload all the documents before or on the date of the appointment.

It seems they made the decision based on the documents that were found on 06/10/19. They made the decision on the basis of your GCSE documents.

Technically, they are right to refuse your visa.

There is a very slim (mostly nill) chance that they will grant you ILR in admin review stage.

The best is to re-apply. Book a biometric date and show that to your university and explain the situation. Most universities do help their genuine students.

[SKJ1984]

Hi,

Slightly deviating from answering your question. securing an ILR will not make you home student.

"Gaining Indefinite Leave to Remain (ILR), and/or acquiring three years' ordinary residence in the UK, part-way through a course will not change your fee status." - This is an excerpt from following link. Again each uni might be different.

https://www.ukcisa.org.uk/Information-- ... the-basics

[RabDin]

Thanks for your responses.

I did go for appeal and you know what, they have accepted my plea and have apologised but still refused my appeal saying that the original objection about English language was wrong!
They are saying that I cannot apply for ILR because I applied for ILR along with my father only. My mother should have applied for ILR with me.
I can again go for appeal FREE OF COST, but not sure if I have got any chance or not? I am 21 year old and in final year of my graduation.

Please advise

[zimba]

If you are still under Tier 2 child dependant, then you cannot get ILR unless both your parents are granted ILR. That is because a non UK born child dependant always follows the immigration path of the less privileged parent