English language requirement not from approved provider

[gareth79_cardiff]

Several months ago we applied for my wife's ILR. We have previously provided a B1 pass Cambridge Language Assessment original certifcate from a provider in Swansea that we used for her first 2 years here on a Spouse visa.

However, the Home office have just written to us the following:

'The Cambridge English ESOL certificate that you have submitted as evidence that you meet the English Language requirement is not from an approved provider. If you have alternative evidence to show that you meet the requirement please send this in.'

Please be aware that we cannot return your passport for the purpose of sitting an approved test as your leave has expired. If you are unable to provide evidence that you meet the English language requirement you should still send the other evidence that has been requested'

If anyone can offer any advice in relation to this it would be most appreciated

Thanks,
Gareth

[CR001]

ESOL is no longer accepted, this was removed in November 2015.

English test must be from an HO approved test provider.

https://www.gov.uk/government/uploads/s ... entres.pdf

[gareth79_cardiff]

Thanks, but where does this leave us now.

We have a 3 and a 5 year old and my wife has lived here for 5 years now. We can't sit another exam as part of this application. What happens now?

[CR001]

Does she have any other photographic ID to use to do another test?

Does she have a degree at all?

Her ILR will be refused if you do not submit alternative evidence of meeting the English language requirement.

[CR001]

Does she have any other photographic ID to use to do another test?

Does she have a degree at all?

Her ILR will likely be refused if you do not submit alternative evidence of meeting the English language requirement.

[gareth79_cardiff]

We have to respond within 14 days so taking an alternative test is going to be out of the question.

If they turn down our ILR where does that leave us, bearing in mind that her 2 year spouse visa will have expired by then?

[knucks]

Please be advised that they are not going to return her passport to prove her identity for the English exam. I have been requesting the same since July 2016, sent 4 reminder so far, I even made an official complain to complaints@homeoffice.gsi.gov.uk but all in vain.

I am sorry to hear about your situation, you were just so close. I hope things work out for you in your favour.

[gareth79_cardiff]

Thanks.

Having to re-pay the whole fee again will be a real pain, but obviously worth it if it ultimately keeps my wife in the country. Our absolute nightmare scenario is that she is deported - is that likely to happen or will we simply be made to re-apply?

[knucks]

Its hard to say that as I do not know the background of your immigration history.
Kindly confirm what status are you on along with your kids ?

[gareth79_cardiff]

I'm British born and bred as are my children. My wife was eligible to apply for ILR 2 years ago but twice scored 17 of 24 for the UK in the Life Test so we had to apply for a 2 year extension. A few months later she passed the Life in the UK test.

We knew we had ages to apply so didn't rush to apply for ILR, and applied last June thinking that we'd be fine as we'd met all the criteria

[knucks]

Well they will not deport her.

You will have to reapply further leave to remain. Lets wait for the senior members.

[gareth79_cardiff]

Thanks. This has been more than 5 years of continuous stress and worry to us, don't know how much more we can take. We got married almost 6 years back, have lived as man and wife here for 5 years, had 2 children here and we're still fighting and paying lots of money to be here. I just feel like crying at the moment.

Any help or advice most appreciated

[Casa]

I believe your wife's best option would be to apply for FLR(FP) Partner route.

Although it's a 10 year path to permanent settlement, once she passes an approved B1 level English test from an approved test provider I believe she would be able to vary her leave to ILR.

Hang in there....you'll get this sorted.

[gareth79_cardiff]

Thanks to those of you who have taken the time to reply.

What I can gather from the responses is:

Unless they accept that at the previous time (Sept 2014) that we were able to apply for ILR my wife's English pass was deemed legitimate and therefore can be considered as part of this application, they are more than likely to refuse this ILR application. This seems utterly absurd to me as it appears that they've changed the goalposts, but so be it.

If they turn down the ILR my wife will not be forced to leave me and our children. This is a huge relief.

We will have to re-apply for another visa with my wife again having to take an English language exam by one of the approved providers. This will leave me £1750 and six moths worse off. I'll just add that onto the thousands of other pounds I've paid over the last few years. I think we'd much rather just apply for another ILR so she gets this asap so this incredibly costly and stressful nightmare can end

[gareth79_cardiff]

Just to add as well that the reason we thought we were ok with this pass is due to the below (taken from https://www.gov.uk/english-language/app ... ifications )

Applying for citizenship

You can use a B1 level qualification that’s run out if you’re applying for citizenship and it was accepted when you settled in the UK.

It doesn’t matter if the B1 level test you took isn’t on the current list of recognised tests. You don’t need to take another test.

Applying to settle in the UK

You can use a B1 level qualification that’s run out if both of the following are true:

it’s on the current list of recognised tests
it was accepted for another UK immigration application, eg when you got permission to enter

[Casa]

That's for a BC application. The official instructions for SET(M) are:
The Knowledge of Language and Life in the UK requirement changed on 19 November 2015.
An English language qualification at B1 level or above is only now acceptable if it is on the
list of acceptable Home Office qualifications. This can be found at:
https://www.gov.uk/government/publicati ... uage-tests.
Other English language qualifications will not be accepted for this purpose.

[Casa]

Within the 14 days you've been given to submit the correct qualification, if you're not able to do this it would be prudent to reply and request your application is varied to FLR(FP) Parent route.

I don't believe that A1 level English is required for this category, but stand by for confirmation.

Others may have more to add.

[gareth79_cardiff]

Ok thanks.

So in all likelihood:

My wifes ILR will be refused.

My wife will be allowed to stay here with myself and our kids while she takes a new English language test and then we again apply

Does that sound about right?

[gareth79_cardiff]

Thanks. And I assume that by requesting the application is varied to FLR(FP) Parent route she would be able to stay for approximately 2 years?

[Casa]

Thanks. And I assume that by requesting the application is varied to FLR(FP) Parent route she would be able to stay for approximately 2 years?

An initial 2.5 year period I believe.

[gareth79_cardiff]

Thank you so much. I'm almost crying here, this is destroying me.

I actually wonder if the Home office are actually pre-empting this outcome, as they've actually requested some (what I thought was bizzare additional information) such as our children's birth certificates and a letter from their school stating that my wife lives here with them

Can I just say how grateful I am to you all and to this board as well. I'm not sure if the people responsible for this board quite realise the impact you have. You are literally saving the lives of people like myself who are struggling to keep our heads above water with all the pressure and stress of all this

[Casa]

Most of us have either travelled the immigration road, or are with family who have. I promise you, it does get easier.

I'm sure you're right about the request for additional information. Generally in circumstances such as yours, FLR(FP) is issued when an SET(M) application has been refused.

Send the information they've requested within the time limit and enclose a letter (as belt & braces) asking for the application to be considered under FLR(FP) Partner route.

I've checked and the English language test isn't a requirement for a Partner route application.

If you're confused as to why it would be the Partner and not the Parent route....this would only be for parents who are separated.

[gareth79_cardiff]

Thank you so much Casa

I hope that your kindness is revisited on you tenfold, bless you

Gareth

[Casa]

You're more than welcome. I'm only paying forward the help that was given to me & my husband on the forum 8 years ago.

Post whenever you need support with the application. It'll be fine.

[gareth79_cardiff]

Not everyone pays a good deed forward, far from it. You are doing this because you're a wonderful person. I hope my children grow up to have the same compassion as you do