Spouse visa extension rejected

[vikmeon]

Dear all,
I need urgent advice about my wife's Visa,she had applied for extension of visa following 2.5yrs of stay in U.K. We were not aware of the new A2 level English test, she had passed A1 level before coming to the country. Now her visa has been rejected and we have another 4 days left before appealing for review. Please guide me as what to do. We found out just today. They have kept her passport with them. Can she take the test and reapply, don't know how to go about it. Any help/ advise in this regard will be much appreciated.

[Obie]

She needs A2 for second renewal. You need to file in an appeal. They will not return her passport as she has no leave to remain at present.

This is the reason why it helps to seek legal advise before applying, as things are changing ever so frequently.

Do you have children or a child?

[vikmeon]

Many thanks for the reply, we do not have children.

[vikmeon]

Do we apply for appeal? Then take the A2 English test? Would she not need her passport for taking the test?

[vinny]

Has her leave expired?

[Obie]

https://www.gov.uk/government/uploads/s ... s_v1.1.pdf

The difficulties is you will not get her passport to do the test. You will need to file an appeal.

In this age in the UK, there is no second chance when it comes to immigrant. Always seek legal advise when unsure.

A legal advice that may have costed 100£ is unfortunately going to cost hundreds of pounds now.

[Obie]

Do we apply for appeal? Then take the A2 English test? Would she not need her passport for taking the test?

Her original visa would have expired. The law permits Home office to withhold her passport if her leave has expired. They will not return her passport now. Without the passport, you cannot do the test.

[vikmeon]

Many thanks for the reply oboe, what options do we have now? Apart from appealing?

[Obie]

Apart from appealing, the other option is to make her go home and apply and you may be apart for 3-4 months.

Only better option involves appealing, and then to see if an MP may convince Home Office to send passport to a centre where test is conducted, you then withdraw appeal after test had been taken , or go it all the way and explain to judge about your ignorance of the legal system.

[vikmeon]

Many thanks,
Will speak to an advisor Tuesday.

[vinny]

See also Return of passport by Home Office to sit Secure English Language Test.

[vikmeon]

Thanks vinny,
I suppose we need to appeal and apply for the English test and ask for return of passport.

[waitingforspouse]

does she have a drivers license/provisional license? I'm sure that could be used to ID her no ??
perhaps brp could be used?

[vikmeon]

She doesn’t have driving license nor the brp.
We are very worried

[waitingforspouse]

Have you spoken to a lawyer/immigration adviser?
If so what have they advised you of?

[vikmeon]

They advised appealing first to get some time to plan return to home country and restart the process allover again ,

[Obie]

They advised appealing first to get some time to plan return to home country and restart the process allover again ,

That is not a good advise. What Vinny and I suggested is worth considering.

[vikmeon]

Hi Obie,
We are planning to take the English test here, but we thought we will withdraw the appeal when ny wife is ready to go back and reapply from india.

[Obie]

No need for her to return to india if the test can be taken here. That will not amount to a good advise.

[vikmeon]

Okay, wearewaiting for the appal letter to come and then apply for the English test.will keep u updated. We are scared if it takes along time for appeal and that she cannot travel abroad during this time.

[brendasim]

My spouse visa extension was rejected the 19 Dec 2017. The reason is the same as your wife, I submitted A1 level English certificate on 6 May 2017. I started filling up the online application form in February 2017, I remembered clearly that the online application stated the requirement was A1 Level. I received my appalling date yesterday which is in April. Is a nightmare

[vinny]

Surprisingly, the date of application was not relevant. Rather, it was the expiry date of the applicant’s leave that was significant.

The changes to Appendix FM set out in paragraphs FM1, FM20, FM21, FM42 and FM43 of this statement, and to Appendix FM-SE set out in paragraphs FM-SE14, FM-SE16 to FM-SE18 and FM-SE20, shall take effect from 1 May 2017. However, if the expiry date of the applicant‟s leave pre-dates 1 May 2017, the application will be decided in accordance with the Immigration Rules in force on 30 April 2017.

[vinny]

See also refusal.

[afespinosa]

Hi all. I hope this thread is still active. I am in the same scenario. Can someone tell me the outcome of both the cases from previous people who posted? What did you do?

[mrshh]

Hi all!
I’m in the same situation. I have provided A1 certificate and did not see that at least A2 is required for visa extension. I just got the letter today and have just requested for return of my passport so as I can book my test. I am planning to book B1 test since I will need it when I apply for citizenship in a few years.

Has anyone submitted an appeal regarding the decision and succeeded?

Would appreciate if anyone could provide an update on their situation. Thanks a lot