Distraught and Crying because I ticked the wrong box

[London Lady]

I have been crying and my husband has been trying to comfort me but my depression is too deep. I feel broken.

I paid £1583 for an appointment today with the Home Office in Croydon for a Spouse VISA further leave to Remain. I did an on-the-day appointment which I booked last month. I did this method because we wanted to go to Greece in early July (all booked..) and because of my work commitments (I am an English teacher) - we begun running out of time to do a postal application which could be up to 8 weeks for a decision.

I stupidly ticked the box saying that I would provide an A1 English Language Test certificate. I had taken the test weeks earlier and had the certificate as evidence but had not realised - in May - the rules changed and they now expect a B1 or higher at this stage. As I was told my VISA application was rejected because I ticked the wrong box and brought the wrong certificate - I broke down. I stated as an English teacher I have certificates that are the equivalent to Level 5 (CELTA). They said it made no difference. I suddenly seemed to remember that I may have taken a B1 level English Test for my previous granted visa leading up to this current one - Spouse Visa Entry Clearance. He looked a little confused..and just said a refusal is a refusal. When I got home I found the KET certificate for B1 from my previous successful application! I then read just now that if this B1 was accepted in a previous successful application then it can be used for this visa application! So to sum up I was denied a visa for not having a document that my previous current visa was granted with!

I am distraught, can anyone suggest any way to remedy this without me having to book another £1583 appointment?

[vinny]

Try AR, on the basis of a caseworker error, a failure to consider 32D after you mentioned a previous test that you used in a successful entry clearance application.

[taffet87]

32 does require the result or certificate to be included in the written application.

32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker will accept that certificate or result as valid if it is:

(a) from a provider which is no longer approved, or
(b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
(c) from a test centre which is no longer approved, or
(d) past its validity date (if a validity date is required under Appendix O), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
(i) the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of these Rules applies, as well as any previous period of overstaying where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix.

[vinny]

Yes. You are right.

However,

2.5. Applicants who already have a test certificate or result
A partner or parent applying for leave to enter or leave to remain is not required to provide evidence of meeting the English language requirement if they have done so as part of a successful previous application as a partner or parent. Paragraph 32D of Appendix FM-SE provides for when this earlier test certificate or result can and cannot be used.
...
If there is uncertainty as to whether a test certificate, result or other specified document was previously accepted by the Home Office as part of a successful previous partner or parent application, the decision maker may request other specified evidence from the applicant to demonstrate that they meet the English language requirement.

It would have been more reasonable for the caseworker to defer the refusal and give an opportunity for the applicant to provide the required specified evidence. Moreover, why don't they have a record of the English language certificate used in a previous successful entry clearance application on file?

[taffet87]

This just refers to 32D which says old certificate or result must be produced.

Reasonable - of course.

Something that can be overturned - unlikely in a AR unless it is a very kind reviewer.