Spouse refused UK Visa as no A2 English Test, Help?

[SupaArnie]

I'm a British Citizen and my wife's was granted a 30 month UK visa after we got married. However, her further UK visa application (on form FLR-M) was refused recently due to her not having passed the A2 English language test. I prepared the form (to save money as the process is expensive with a lawyer) but was not aware of the A2 English language test requirement.
We have appealed against the refusal (as you have 14 days to decide whether to appeal or leave the country); our intention was for my wife to sit the A2 English language test (which we're comfortable that she will pass) and then submit a new (FLR-M) UK Visa application and withdraw the appeal.
However, the Home Office have not responded to our request for my wife's passport to be returned or provided a certified copy of her passport so that she can sit the A2 English test (and this would be the only satisfactory proof of ID she could present to do the test), we have waited more than 30 days for a response from the HO to our request for her passport of be returned. We have been advised by the HO help line personnel that they cannot contact the HO caseworkers and that my wife's passport will be returned if she withdraws her UK Visa application and leaves the country, when she will be able to pick her passport up at the airport just before she boards her fight. Clearly this not what we want. This does seem like a catch22 situation but I think that many people would have been caught out by this and there must be a solution does anyone know what it is?

[vinny]

Unfortunately, some caseworkers failed to follow their own guidance and the Immigration rules. Probably due to the hostile environment mindset or insufficient/bad training?

See also Return of passport by Home Office to sit Secure English Language Test and FOI 38544 Response.pdf.

[SupaArnie]

Thanks for the links they were very helpful, we will consult with our rather expensive lawyer before writing to the Home Office again.... who knows they may even reply...

It is most certainly a very hostile environment...we had the border force banging on our door and shouting from outside our house..... and that was before before my wife's UK visa had run out and after we'd submitted a further UK Visa application.... ..Windrush....etc.....