Confused Flm - Spouse visa

[Sofiaq476]

Hi All,
Sorry this might be quite long, i originally applied for spouse visa before the new rules in 2012, due to personal reasons i was delayed coming to Uk till October 2012 and my visa was valid until August 2014.
We applied for flm using the same documents use to obtain my spouse visa ( a1 certificate 4 speaking 3.5 listening ) overall 5.5 this was accepted for my spouse application.
I was refused flm due to my English not meeting the requirements.
The letter I have states
‘As a results of the changes which came into effect 9th July 2012 any family life claim will now be given consideration under appendix fm of the rules’
I was granted leave under rules ‘D ltrp 1.2’ for a period of 30 months and advised to fullfill requirements for settlement I will need to complete 120 months and so after 30 months will again need to apply for an extension.

I believe this is incorrect due to the following:

https://www.gov.uk/guidance/immigration ... d-evidence

‘"32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker may accept that certificate or result as valid’


I have complained to my mp and home office who said they will reconsider this was last year but till now no response and this is really stressing me and my family out.

Any advice, was I wrong are home office wrong ? Any help would be greatly appreciated.

Many thanks

[vinny]

Moreover, did you apply for an extension prior to expiry in August 2014? As you initially applied for a spouse visa prior to 9th July, 2012, they should have considered you under the Part 8, the two year route.

[Sofiaq476]

Yes I did apply before the expiry, but they refused me under paragraph 284 English requirement although my certificate was accepted for my original spouse visa application. Without giving me an option they automatically transferred me on to another visa where I now how to complete 120 months in the uk.

[vinny]

I agree with you. If not for the English language requirement, you should be eligible for SET(M) before now, subject to KoLL, etc.

However, a problem may be that 32D did not take effect until 6 Nov 2014 (211).

But

The changes set out in paragraphs 6, 8 to 17, 20 to 22, 26 to 63, 65, 67 to 69, 99, 111 to 163, 165 to 167, 169 to 170, 172 to 184, 213, and 227 to 247 shall take effect from 6 November 2014, save that if an application has been made for entry clearance or leave to enter or remain before 6 November 2014, the application will be decided in accordance with the Rules in force on 5 November 2014.

I think as 211 was excluded from the transitional provisions paragraph above, any decision taken from 6 Nov 2014 was subject to 211 (i.e. 32D), irrespective of the date of the application.

What was the date of the decision?

[Sofiaq476]

The date of decision was 27th August 2014.

I sent a complaint to my mp, it was referred to ukba who said once you have been transferred onto another visa we cannot be transferred back to the old rules.
They then said they would reconsider, despite many attempts with the mp and ukba there has been no success. So I’m going to ask the mp to refer my case to the government and parliamentary ombudsmen.

[Sofiaq476]

Have I got grounds to complain? As I’m sure I should have been considered under old rules regardless. I’m trying to write a letter to my mp but want to make sure I have a strong letter pointing to the right rules. Many thanks for your help