Home Office enquiry - Claimed medical exemption for LITUK

[aniled]

Hi,

My wife applied for Naturalisation in November and she claimed medical exemption for Life in the UK test by getting her neurologist (in UK) to fill the Waiver KOLL form. The neurologist detailed all required information justifying the exemption.

To provide some background regarding her medical condition, she started having violent drug resistant epileptic seizures in 2012 and in 2013 she received a front temporal lobectomy in India (removal of brain tissue causing seizures). This has permanently made her a short term memory loss patient, which means she cannot retain any information gleamed recently. She then moved back to UK in 2019 and has since started seeing a neurologist here in NHS.

Today we received an enquiry from Home Office requesting more documentation regarding her medical condition, diagnosis, how it will prevent her from taking the test in 2 years time, what treatment is she undergoing now. And that if she fails to provide this new document by 02 Jan 2025 her application will be refused. All this information is already provided on the Waiver KOLL form.

I am lost on how to respond to this enquiry. Could anyone please help and guide me how to deal with this?

Thanks in advance

[contorted_svy]

Ask if the KOLL waiver has been received and alert your doctor in the meantime. While you wait for an answer collect as much official documentation as you can from the hospital/doctor.

[Amber]

Unfortunately the KoLL waiver form is not sufficient in itself to have a guaranteed exemption. The caseworker can request further evidence as they have. I assume you uploaded the KoLL waiver form on the portal when you uploaded documents for the application. You must set out in detail why your spouse cannot revise and sit both the language and life requirements, including why she cannot do so with reasonable adjustments. What you have explained would likely mean the LIUK can be exempted as that is a memory test but the B1 English requirement is not a memory test it’s conversational English, speaking and listening - I don’t understand why your wife can’t converse in English? Remember there is no right of appeal. The threshold for exemption is very very high, ie terminally ill, severe/profound learning disability, coma, with the latter two brining into question whether the applicant is of sound mind. Send the KoLL waiver form again in addition to further supporting evidence.

The guidance can be found here - https://assets.publishing.service.gov.u ... .pdf#page8

When did your wife apply for settlement/ILR?