Is it any chance to appeal? refusal due to English language test.

[Peter_L]

My wife made an application for leave to remain in the UK after living together in UK over two years. In “refusal” letter is mentioned, she met all eligibilities requirements except English language.
Now we know, that it is obligation to have A2 level of English language, however in the form is mention A1 or higher level, so she has sent her A1 level certificate which is over two years old.
Obviously, it is possible to make appeal (with or without solicitor), but I cannot see on which ground, formally Home office is right.
Could you please give me any piece of advice?
Thanks, Peter

[Obie]

is there any child in the United Kingdom?

You can lodge an Appeal on Article 8 grounds. Without the passport how can you do the A2?

[Peter_L]

Hi Obie,
You are right, now my wife cannot apply for A2 test, because home office keeps her passport.
She has 15 years old daughters, Anna attending a school and next year is very important because of her GCSE exams.
We did not expect refusal at all, my wife has permanent job and we naively thought that if some supporting document of application need revision caseworker will let us know.

[Obie]

How long has daughter lived in the UK? does you wife have a degree thought in English.

Other option will be to get Home Office to provide a certified copy of passport so the english test can be taken.

[Peter_L]

Hi Obie, many thanks for your advice regarding ground of appeal and information about possibility to get certified copy of passport.
The daughter is in UK two and half years. ( she arrived in 4th of March 2016). My wife has not English degree.
We will have to make appeal up to end of August.

[vinny]

New A2 English requirement in the family route - Effective 1 May 2017.

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

Test rejected?

[Peter_L]

Hello vinny, thanks for the information / links, especially regarding case where photocopy of passport could be used for English language tests.
It will take time to arrange test with such of documents, but we will try to do it.
For us the first step has to be to make appeal, without appeal my wife and her daughter have to leave country within next ten days.