Spouse visa extension rejected

[latino4ever]

Reading a couple of post I find that many users have been in the same situation. In brief my situation is currently as follows.
1 - BRP expiry 02/2019
2 - Visa was refused 03/04/2019
2a - Reason: Not meeting A2 certificate for second renewal, my mistake as I thought why would second renewal be different from first renewal
2b - Passport and expired BRP withheld by UKVI
3 - 03/04/2019 After investigation all SELTs centres require original up to date proof of ID which was withheld by UKVI.
4 - 03/04/2019 UKVI Customer centre advised that an online passport return request should be submitted with the following reason “Passport is needed for proof of ID to take SELT”
5 - 03/04/2019 UKVI customer centre asked for the request reference number and will escalate the request.
6 - 04/04/2019 contacted UKVI and was advised the request was submitted and will need to wait
7 - Submitted the appeal as we didn’t want to break the status and be classed as overstayer (still waiting to hear but 140£ has been debited)
8 - 29/04/2019 Passport was returned (60 days to return the passport) and SELT B1 level booked and passed on 04/05/2019 with certificate delivered on 10/05/2019
9 - Can you share your knowledge and experience to answer my questions:
9a - Will the 5 year route be affected in any way?
9b - I don’t know the next steps from here, can you advice past experiences such as a) submit a brand new application or b)send the certificate to the UKVI

[mrshh]

2a - Reason: Not meeting A2 certificate for second renewal, my mistake as I thought why would second renewal be different from first renewal

I don’t think it was entirely your mistake. The application form was misleading. See immigration-for-family-members/english- ... 69083.html

I am in the same situation. When I was applying, I saw the question “Did the test assess your speaking and listening skills at a level equivalent to CEFR A1 or higher?”and therefore I thought that I could submit A1 certificate.

I have submitted an appeal stating that the application form was misleading and that I intend to submit a B1 certificate. I am currently waiting for the certificate to be mailed to me and I will submit the certificate to the Tribunal by email.

[seagul]

I don't think HO will consider it that the form is misleading because HO always publish their guidance pertaining to each visa category and they also advise the applicant to read it too. And in guidance they have clearly highlighted that A2 will be needed at extension stage.

[latino4ever]

Hi All,
Can anyone point me in the direction of switching ie making a new application and cancelling the appeal as i now have/meet all the requirements, also i dont want to wait 6 months to have an appeal date. Is this possible? Has anyone done such thing? Do you know an adviser with experience of taking such action.

[seagul]

Hi All,
Can anyone point me in the direction of switching ie making a new application and cancelling the appeal as i now have/meet all the requirements, also i dont want to wait 6 months to have an appeal date. Is this possible? Has anyone done such thing? Do you know an adviser with experience of taking such action.

Why not let the both options in play until your new application gets approved.

[mrshh]

According to the response provided by Frz540, see immigration-for-family-members/english- ... l#p1781044

The Home Office has admitted that the online form was indeed misleading. A Pre-Action Protocol was sent to the Home Office and they corrected their decision