ILR refused, application now treated as Limited Leave to Remain. Please help!

[Aadab]

Hi

I’ll try my best to keep this short so please ask if you need more info to help.

My wife’s indefinate leave to remain was refused but she was granted a limited leave to remain for 30 months. She had now been in the UK for almost 5 years already and we already.

They said a few documents where missing (I have those and could have sent them at anytime had they told me they where missing, I assumed everything was sent) but also they also said the English speaking and listening B1 test she did was both expired now and not done with a valid test centre (SELT).

I was aware that they changed the rules about where it is accepted from and that it was close to expiration so I called the home office and asked if she needed to redo it or if she could reuse it, the lady explained that because we had already used it for a 2 year extention and it was accepted at that time we did not have to do it again (she also knew it expired soon).

So based on that information I resent that same B1 test that she did and now the application has been refused and instead they have granted her a limited leave to remain and put her on a 10 year path (as we have a child together).

My wife is more than capable of passing the new B1 test, she knows English quite well (she can spell better than me and I was born here), its not an issue for us at all to get the B1 certificate or the other documents they said where missing. All they had to do was tell us at some point during the last 6 months that they had the application and our £1800!!!

The letter does not mention anything in regards to an appeal, it just says we must pay a £500 immigrant health surcharge (on top of the £1800 already paid). Its not even clear if we can get out money back.

When I call home office for help they either say they can’t give advise or they give contradictory information (sometimes I can’t get fees back and other times I can, same for surcharge).

What I ideally want is to be able to redo the same application for indefinate leave to remain or just send the few documents they need (which we can do within a week or two) and not have to pay another £1800. We do not want another extention and do not want to wait another 5-6 to get to 10 years and have to apply for another extention during that time and/or stay again and pay another £1800 yet again (not to mention the £500 surecharge they’ll want again).

Someone please advise. Thanks

[bluebird12]

1 In regard to further Leave to Remain I think they have granted you correctly according to immigration rules currently in force 2: you can re-apply ILR any time if you meet the requirements 3: I think your English certificate should be accepted for ILR as well if it was accepted earlier when applied LTR provided it is in current list of SELT providers , does not matter even if it was expired , this is what has been mentioned presently at UKVI website for ILR applications in regard to English language requirements 4: is your English language test centre in currrent SELT providers list ?

[Aadab]

Thanks for your reply.

The B1 test she did was from City and Guilds, which is no longer accepted BUT as I explained it was used before (when it was accepted) and so the lady explained for that reason it could be used again. Now as I said there is no issue in getting a new B1 from current SELT providers list. It could be done within 1-2 weeks.

I don't understand why they didn't just contact us like before if anything was missing, i paid £1800 and they could not send a single letter? instead they keep the money and reject over this? That can't be fair.

My issue if not reapplying for ILR bur rather it would now cost the same amount again of another £1800 over a few missing docs that can be provided ASAP.

Do you think it would be possible to write to them and send the additional documents? Rather than starting over and losing so much more money? I could explain how I have them and can get the B1 soon and they never sent any letter regarding it.

What do you think? any other thing you'd suggest?

[Obie]

I believe this is the reason why it helps to seek legal advise unless you understand the law very well.

Now you have essentially lost £1850 have to pay a further 500, and your wife may have to start from Scratch, as Home Office will not give her the passport, to enable her to be able to take the English language test, and she will therefore be put on a 10 years part, and may have to accrue another 5 years or so.

You made a very silly mistake in not seeking legal advise and checking requirement before applying.

[bluebird12]

Aadab Home office has refused your application correctly and I do not think at all you can get any positive response by writing letters again ,, best option is to reapply ILR again and paying again fee , I know it is a disappointment but this is the situation you are currently in ....

[Medlynx2008]

Hello,
Any update ???!!!!
As im having the same issue and im going to reapply with same fee again
I would really appreciate if u update me if u had granted ILR???

Many thanks

[CR001]

Hello,
Any update ???!!!!
As im having the same issue and im going to reapply with same fee again
I would really appreciate if u update me if u had granted ILR???

Many thanks

Kindly refrain from digging up and tagging onto topics from 2017. The user who started this topic has not logged into the forum since August 2017.

Rather start your own topic with your questions and circumstances.