FLRM UK NARIC English Language Assessment not accepted

[jabranr]

Hi,

My wife recently applied for FLRM spouse visa based on 5 years route switching from Tier 2-General dependent. In this application she provided UK NARIC English Language Assessment letter to meet the English language requirements. We recently have a child as well.

The application was considered but HomeOffice did not accept the UK NARIC letter despite it mentioned the CEFR level B1 on it that confirms of meeting the minimum language requirements. Instead she is issued a visa based on parental relationship with the child but it is also mentioned that she now has to go through 10 years route – before she can apply for settlement. I already have an ILR and about to go for citizenship.

The letter says:

"You do not meet all of the immigration rules for a grant to leave under R-LTRP1.1(a), (b) & (c) of Appendix FM. With this application you provided your Master of Business Administration from Virtual University of Pakistan you also provided a UK NARIC letter this only confirms the English content of your degree and it don't confirm that your qualification is the equivalent of at least a UK Bachelor degree. Therefore you do not meet the requirement of E-LTRP3.1."

Funny enough that when I looked into Appendix FM (https://www.gov.uk/guidance/immigration ... ly-members) and it turns out to be rules about Financial requirements.

Now my questions are:

1. Should we write back to HomeOffice to request them consider the mentioned CEFR level B1 as it meets the said English language requirements?

2. Can my wife switch back to 5 years route as she completes 5 years in Dec 2018 and this issued visa is until Oct 2018?

3. Can we challenge the decision by any means taking that there may be mistakes leading to mishandled application?

Would be grateful if anyone could help here. Thank you in advance.

Regards,
Jabran

[geriatrix]

Therefore you do not meet the requirement of E-LTRP3.1."

Funny enough that when I looked into Appendix FM (https://www.gov.uk/guidance/immigration ... ly-members) and it turns out to be rules about Financial requirements.

A typo error on the part of the caseworker. He should have stated E-LTRP.4.1 instead of E-LTRP.3.1. in the refusal letter.
You failed to provide evidence to fulfill E-LTRP.4.1(c).

[jabranr]

I would have thought so. Thanks for you reply.

I am more inclined to get an answer on if she can switch back to 5 years route by submitting a new application or no. Would be immensely helpful. Thanks.

Regards,
Jabran

[geriatrix]

What do you mean by "switch back to 5 year route"?
Did you apply for ILR under PBS route or LR route?

[jabranr]

What do you mean by "switch back to 5 year route"?
Did you apply for ILR under PBS route or LR route?

No, as I mentioned in my original question that she has been given spouse visa on discretionary basis that puts her in 10 years route for ILR application. The question is that is it possible to make a fresh 5 years route FLRM application with all the requirements met so that she can apply ILR sooner (as she was supposed to before grant of this visa)? Thanks.

[geriatrix]

Apologies, I should have read the opening post again before asking.