SET LR 10 year long residency REFUSED! pls Help

[joeyjb]

Hi guys please I just need an advised on this matter!

I have applied yesterday for 10 year long residency on PERSONAL appointment at Croydon and my application hasn't been approved.

The reason for this is that my English certificate is not valid. I sent two certificate which is IELTS exam that I used before on my previous application on tier 2 dated 2010. (Clearly states on UKBA website that I can use it even it run out as long as I used it before. 2 certificate is Trinity college which is dated 2015 which I understad it runs out.

ATM my status is family member of an EU national and my current visa expiring next year.
Previous visa are Tier 2 work permit and Tier 4 student when I came to this country.

QUESTIONS: I don't get it that the reason for not approving my application is that english test as she saying I am now on EU member and not immigration rule which doesnt sound right as all of the is under my immigration law.

I been here in UK now for 10 years and 1 month and working in NHS.

I did asked the case worker is she is not approving my application because of my english she can give me a refusal letter and states because of my english. She replied that she is not refusing and giving me another 2 year of extension as leave to remain. Which is for me not really I want as am qualify for ILR.

She wants me to pay IHS 400 pounds in 10 working days before getting all documents back and only return my EU partner passport.

I am really confused and asked her why I cannot get a english certificate now and give it few days time and she replied that it doesn't work like that. I felt like I been pushed to take 2 years extension and pay IHS which is not necessary.

At the end as I dont know what to do I paid yesterday 400 for IHS just to get my documents back in case Im taking english exam I need an ID.

I'm so stressed and couldn't sleep as is that a right decision? and is there anything else that I can do pls???

Thank YOU

[CR001]

Can you post the exact wording of the refusal, taking out personal details.

Is the test you took in 2010 and 2015 from a test provider still on HO's list of approved test providers and is it Level B1 English?

What is your relationship to your EU sponsor?

What other documents did you submit with your application for ILR?

[joeyjb]

Hi CR001,

many thanks for your reply.

Both certificate are approved by HO and meet the criteria for B1 level.
IELTS taken 2010 that I used before on my tier 2 application and top up for that Trinity college taken 2015.

I massive documents I sent to them and she told me that everything is fine and its just the english.
My EU family member is my husband and married since 2014.
Sent all documents, p60, payslip, letter from employment, all bills joint account, marriage certificate etc

On my side all my 3 passport, p60, all payslip, letter from employer, all bank account, joint accounts, tenancy, DBS, etc....

the letter states

"YOU HAVE PROVIDED AN IELTS DATED APRIL 2010. YOU HAVE USED THE IELTS FOR PREVIOUSLY FOR YOUR TIER 2 GENERAL APPLICATION. AS YOU HAVE NOT HAD CONTINOUS LEAVE UNDER THE UK IMMIGRATION RULES WE ARE UNABLE TO ACCEPT THIS IELTS. YOU HAVE PROVIDED TRINITY COLLEGE LONDON CERTIFICATE B1 QUALIFICATIONS DATED APRIL 2015. YOU HAVE NOT USED THIS TRINITY CERTIFICATE PREVIOUSLY, WE WERE UNABLE TO VERIFY IT AS IT IS OLDER THAN 2 YEARS. "

IT SAYS AS WELL ON FIRST PAGE. MY APPLICATION HAS NOT BEEN CONSIDERED BY THE SECRETARY OD STATE PERSONALLY BUT BY AN OFFICIAL ACTING ON BEHALF OF HER" IM NOT SURE THAT HELP?

THANKS YOU