Administrative Review

[kojokojoe]

Hi

I need urgent help but apologies in the first place if this query has been answered in another thread.

I applied for a second period of leave under the 5-year partner route however I was issued a different visa under the 10-year partner route. The reason for this was that I didn’t submit a new English Language test at A2 level, though I had submitted an English test certificate for the first two and half years of my visa – I didn’t know I had to submit a new certificate.

The caseworker asked that I submit the A2 certificate within two weeks however about 7 days later they have issued me a different visa under the 10 year partner route.

I now have the A2 certificate.
I have written to Admin Review team but they say my application is ineligible for review.

What are the next steps open to me since i dont want to go through the 10 year long route to settlement, please?

I need to this done today and an urgent respond will be greatly appreciated.

many thanks

Kojo

[mamalicious187]

Hi

I need urgent help but apologies in the first place if this query has been answered in another thread.

I applied for a second period of leave under the 5-year partner route however I was issued a different visa under the 10-year partner route. The reason for this was that I didn’t submit a new English Language test at A2 level, though I had submitted an English test certificate for the first two and half years of my visa – I didn’t know I had to submit a new certificate.

The caseworker asked that I submit the A2 certificate within two weeks however about 7 days later they have issued me a different visa under the 10 year partner route.

I now have the A2 certificate.
I have written to Admin Review team but they say my application is ineligible for review.

What are the next steps open to me since i dont want to go through the 10 year long route to settlement, please?

I need to this done today and an urgent respond will be greatly appreciated.

many thanks

Kojo

I do not think you can have them withdraw this residency document you have now and place you on a 5 year route.

However, this is just my opinion I am not an Immigration lawyer, maybe you should seek professional legal advice on this issue.

[Londoner007]

If you have got it in writing where the case worker has said if you do IELTS A2 within 2 weeks time then reply / forward this letter / email to Home Office with proof of IELTS.

Did they actually ask you to do a test and provide the certificate, or to provide a proof you already did the test before within 10 days?

If you didn't have an IELTS A2 at the time of decision then you were correctly refused. You can always switch back to FLR (M) 5 route again

[kojokojoe]

I didn't have the A2 at the time of decision but the caseworker did ask for it and I was in the process of obtaining it when the time frame provided when the decision was made.


I think the caseworker has made an error since i believe having asked for the document he shouuld have waited.


if i switch back, will it be a continuation of the of the first 30 months or i whave to start the 5 years route all over again and will i have to pay the NHS surcharge again?

[Londoner007]

It may be the case that the case worker thought you had forgotten to submit / include your IELTS A2 certificate with the bundle.

IELTS A2 is a required document and if you did not submit it or have it available at the time the application was submitted then you were correctly refused.

If you switch back to 5 year route once you become eligible for it, then most likely your clock will be reset again.