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I hope someone can give some advice here.

My application for ILR has been refused on the grounds of failing provide English language at B1 and life of knowledge in the uk, instead a 30 month visa has granted provided I pay the £1000 NHS surcharge within 10 days.

Both the English B1 (Trinity London) and life in the UK were uploaded with the application and both are valid. I have hard copies here in my hand but nobody from home office has ever asked for them and I have no idea where to send them to prove that have completed them.

The contact number on the UK visa website goes nowhere, I believe that this is mistake and I need to let someone know but I just don't know how. If I pay the surcharge can I appeal when the 30 month visa is granted?

This clearly seems like an error on part of HO. Don’t pay the surcharge and accept the 30 month visa as that will put you on ILR LR route.

The mods will be in best position to guide you on how you can file for an AR to get this reversed.

You might want to share the expiry of your original visa as well.

Thanks
Current FLR visa expires December this year.

It's worth noting that letter says that I will lose my application fee and have no right to appeal if I do not pay the NHS surcharge. It appears very heavy handed to me.

You should not pay the IHS as that will pretty much removes your eligibility for ILR.
Did you upload the English language test with your application and was it submitted ??

pipkin wrote: ↑

Thu Sep 26, 2019 9:46 pm

Both the English B1 (Trinity London) and life in the UK were uploaded with the application and both are valid.

1. Do you have a right to appeal or review stated in letter?
https://www.gov.uk/visa-and-immigration ... n-requests

2. Did you upload ur self or did ukvcas do it?
3. Access the ukvcas site and check the document titles against the number of documents you were supposed to submit
Sopra doesn’t name files but I personally named the uploaded files.
It ll give you some idea if indeed they were uploaded
4. Don’t stress. Don’t pay the IHS surcharge as other members have advised already.

Thanks for your reply's

No right to appeal is mentioned in the letter.

I uploaded the files myself and just checked the uploads for the first time since April, the life in the UK test is there but the English is not. I must have assumed they would ask for the original if they needed to see it as I did enter all the details of the certificate on the application. It is just over 2 years old but has been used for previous application and still on the list of approved centres.

I realise now it could have been removed from database after 2 years.

That definitely is the problem. They didn’t see the English language certificate. Honestly I am surprised they didn’t get back to you to ask for it before their decision, especially because you have used it before .

You might need to spend more money since the mistake of not loading it up is yours. I think you will need to take up the offer of 30 months visa and re apply later for ILR ensuring you upload all necessary documents this time around.

It’s really sad they didn’t request for the English language.

bizman wrote: ↑

Fri Sep 27, 2019 10:22 am

That definitely is the problem. They didn’t see the English language certificate. Honestly I am surprised they didn’t get back to you to ask for it before their decision, especially because you have used it before .

You might need to spend more money since the mistake of not loading it up is yours. I think you will need to take up the offer of 30 months visa and re apply later for ILR ensuring you upload all necessary documents this time around.

It’s really sad they didn’t request for the English language.

Their visa is still valid till December. there is no reason to take the offer of FLR. It would be a case of just reapplying for ILR.

pipkin wrote: ↑

Fri Sep 27, 2019 8:21 am

Thanks for your reply's

No right to appeal is mentioned in the letter.

I uploaded the files myself and just checked the uploads for the first time since April, the life in the UK test is there but the English is not. I must have assumed they would ask for the original if they needed to see it as I did enter all the details of the certificate on the application. It is just over 2 years old but has been used for previous application and still on the list of approved centres.

I realise now it could have been removed from database after 2 years.

Go for the reconsideration, mention that you weren’t given the chance to provide the evidence.
Try at least whatever it’s worth..

Anyway he can try with the mind that they have him only 10 days. So act now.

pipkin wrote: ↑

Fri Sep 27, 2019 8:21 am

Thanks for your reply's

No right to appeal is mentioned in the letter.

I uploaded the files myself and just checked the uploads for the first time since April, the life in the UK test is there but the English is not. I must have assumed they would ask for the original if they needed to see it as I did enter all the details of the certificate on the application. It is just over 2 years old but has been used for previous application and still on the list of approved centres.

I realise now it could have been removed from database after 2 years.

Does the letter have any address on it ? I think it may be a good idea to send a copy of both certificates to Sheffield and explain the situation in a covering letter. While this may not help, the next step will be to file an admin review if your case is refused. Given you have provided the information on the application, the caseworker should have given you the opportunity to provide the test. As you have visa till December, the worst case is that you end up losing your money but there is still hope this does not happen

Go for reconsideration, this is the best and only way, ur letter must have a email address for contact, just appeal there, u can read all rules for reconsideration online but simply just send email to case worker, email provided on ur letter, explain everything and ask for reconsider, inform ur uploaded documents names etc, only make sure ur upload was done before decision was made, thats what happened with me and they gave me the right visa.

Thanks again for all the responses. I have taken them all onboard.

The advise leans towards not paying the IHS which makes sense becuase I know that I am eligible for ILR.

It does appear that I have missed uploading the English certificate which I am kicking myself for but the life in the UK test is there on ukvas, I can't understand why they can't find it.

Zimba wrote: ↑

Fri Sep 27, 2019 12:20 am

You should not pay the IHS as that will pretty much removes your eligibility for ILR.
Did you upload the English language test with your application and was it submitted ??

Hi Zimba,

If he paid the IHS so how his eligibility removes for ILR.

If he accept the Visa and file another application for ILR (LR), the only he needs to pay another fee.

Am I correct??

THe OP has applied under SET(M) and if moves to the 10 year route FLR, must start the SET(M) qualifying period again.
SET(LR) is not affected assuming the OP has with 10 lawful years. Paying IHS also makes it way more expensive

Zimba wrote: ↑

Sat Sep 28, 2019 12:34 am

THe OP has applied under SET(M) and if moves to the 10 year route FLR, must start the qualifying period again.
SET(LR) is not affected assuming the OP has with 10 lawful years. Paying IHS also makes it way more expensive

Thank you Zimba. Its means all his 5 years residence become Null if he starts on 10 year route. OR after further 5 years he will eligible to applt SET(LR) ??

hina_pirzada wrote: ↑

Sat Sep 28, 2019 10:54 am

Zimba wrote: ↑

Sat Sep 28, 2019 12:34 am

THe OP has applied under SET(M) and if moves to the 10 year route FLR, must start the qualifying period again.
SET(LR) is not affected assuming the OP has with 10 lawful years. Paying IHS also makes it way more expensive

Thank you Zimba. Its means all his 5 years residence become Null if he starts on 10 year route. OR after further 5 years he will eligible to applt SET(LR) ??

Zimba has clearly stated that SET LR is NOT affected!!

Yes, his clock would reset to zero. if he came to UK 5 years ago then he will have to spend anothe 5 years to qualify for 10 year route.

Evicra wrote: ↑

Sat Sep 28, 2019 11:11 am

Yes, his clock would reset to zero. if he came to UK 5 years ago then he will have to spend anothe 5 years to qualify for 10 year route.

That is INCORRECT. Long residence is NOT affected. Only the clock under SET(M) resets to zero. I repeated this like several times now

Thank's to everyone for the advice.

I sent the certificates with a cover letter to Sheffield and ILR was approved 1 week later. It was a stressful week for sure.

If this happens to anyone else and they have the original certificates, they should do this rather than pay the IHS and start again.