Refused PBS dependent route ILR on English language

[pathikvashi]

Hi,

Need some urgent guidance as my wife's ILR was refused yesterday. We provided IELTS certificate for entry clearance in 2012 and the test centre is still valid. However they said that it was not mandatory back then to provide English language certificate so we have not recorded it on our system despite you providing it.

Now the issue is my wife's current leave expires on 14th March , so we have booked her test B1 Trinity college London English test (http://www.trinitycollege.com/site/?id=3220) for this sunday but they said that the certificate will not be delivered until 7 days.Can we use provisional test result to apply for ILR on SET O?

They have retained all the original documents as well and gave us passport only to sit for the exam. So once she passes the exam trust that as long as I post the new application before or on 14th March, her continuous stay will be considered?

Pathik

[pathikvashi]

Also they returned my British passport that I provided with the application. Do I need to send my passport again with the new postal application?

[vinny]

I think submit passports again for the application. This time, make sure she satsifies 2.2

(c) the on line verification system operated by an approved English language test provider, as specified in Appendix O to these Rules, confirms that the applicant has passed an English language test in speaking and listening, at a minimum level B1 of the Common European Framework of Reference for Languages, which is approved by the Secretary of State, as specified in Appendix O, and taken at a test centre approved by the Secretary of State as a Secure English Language Test Centre no more than two years before the date of application.

Why did she require her B1 English Lanuage for her entry clearance application?

If she satisfied 2.2

(b) the applicant-
(i) has limited leave to enter or remain in the UK, and
(ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.
(iii) at the date of application, the provider of that qualification continues to be approved by the Secretary of State as specified in Appendix O to these Rules.

then she should have succeeded. But if she did not require it for her entry clearance, then 2.2(b) didn't apply.

Has the caseworker followed their Guidance?

If you are not satisfied with a B1 qualification you must ask the applicant to take a test with one of the providers on the current SELT list, at an approved test centre. See related link.

If the applicant does not send in acceptable evidence that they meet this requirement within the time allowed, you must refuse the application.

[pathikvashi]

Thanks for your response.

The case worker called my wife and asked if she had any other English language qualification she did not realise that she could have said she has under grad degree taught in English in India. So I think based on her telephonic response he did not give her chance to appear for SELT exam and refused the application.

[vinny]

They have retained all the original documents as well and gave us passport only to sit for the exam. So once she passes the exam trust that as long as I post the new application before or on 14th March, her continuous stay will be considered?

Actually, it seems that they gave her an opportunity to pass the English test requirement, within a time limit, as outlined in their guidance.

[Sukujobo]

Now the issue is my wife's current leave expires on 14th March , so we have booked her test B1 Trinity college London English test (http://www.trinitycollege.com/site/?id=3220) for this sunday but they said that the certificate will not be delivered until 7 days.Can we use provisional test result to apply for ILR on SET O?

Why don't you use NARIC service that can validate the English language proficiency of an applicant, in this case your wife. If your wife has a degree thought in English and has all her academic certificates with her then you could use NARIC fast-track service. https://www.naric.org.uk/visas%20and%20nationality/

This could possibly be a less risky approach than writing an exam under stress and hoping to pass it.

The best option is go for NARIC and the exam simultaneously.

[shanmukh145]

Hi Just see your msg sorry to hear your wife VISA was refused.
i am bit i am confused why do you need to complete the section 4.2 as you need to go to section 5 as you are not applying with your wife VISA application right?

https://www.gov.uk/government/uploads/s ... -01-18.pdf

If you have answered yes to 4.1 and / or 4.2, continue below. If you answered no to 4.1 and 4.2,
or your partner is not applying with you, go to section 5.

[pathikvashi]

Hi,

My wife passed the B1 SELT – GESE Grade 5 test today. I am intending to post the application today.

I will be providing following documents (including the ones retained earlier on 8th March). Can you please confirm if this will enough?

• Life in UK Pass certificate
• Joint Bank statements until 15 Feb 2018 from 15 Oct 2016
• Employer letters (3) confirming days out were on leave, current status on extended leave until end of March
• Personal letter confirming some days out of the country were when I was unemployed
• Salary slips
• Mortgage letter, land registry and lease of the property
• Marriage certificate
• Old IELTS certificate
• Child birth certificate
• Spouse’s bank statement until 20 Feb 2018 (14 months in total)
• Spouse’s salary slips
• Spouse’s employment letter with position, salary and joining date
• B1 SELT – GESE Grade 5 Exam report (not certificate) with unique electronic reference number provided in the field.

pathik

[pathikvashi]

They have retained all the original documents as well and gave us passport only to sit for the exam. So once she passes the exam trust that as long as I post the new application before or on 14th March, her continuous stay will be considered?

Actually, it seems that they gave her an opportunity to pass the English test requirement, within a time limit, as outlined in their guidance.

It does not seem like because the refusal letter clearly states " You must submit a new application for leave to remain or leave the UK before your current leave expires)

[pathikvashi]

Hi Just see your msg sorry to hear your wife VISA was refused.
i am bit i am confused why do you need to complete the section 4.2 as you need to go to section 5 as you are not applying with your wife VISA application right?

https://www.gov.uk/government/uploads/s ... -01-18.pdf

If you have answered yes to 4.1 and / or 4.2, continue below. If you answered no to 4.1 and 4.2,
or your partner is not applying with you, go to section 5.

Thanks will update the form accordingly.

[pathikvashi]

Now the issue is my wife's current leave expires on 14th March , so we have booked her test B1 Trinity college London English test (http://www.trinitycollege.com/site/?id=3220) for this sunday but they said that the certificate will not be delivered until 7 days.Can we use provisional test result to apply for ILR on SET O?

Why don't you use NARIC service that can validate the English language proficiency of an applicant, in this case your wife. If your wife has a degree thought in English and has all her academic certificates with her then you could use NARIC fast-track service. https://www.naric.org.uk/visas%20and%20nationality/

This could possibly be a less risky approach than writing an exam under stress and hoping to pass it.

The best option is go for NARIC and the exam simultaneously.

Agreed but with NARIC you need 2 certificates 1) Equivalency with UK and 2) Level of English. With level of english part we have to submit a letter from university or institution that the degree was tough in English which we would not have been able to produce given that we have very limited time before we have to re-apply

[Sukujobo]

Now the issue is my wife's current leave expires on 14th March , so we have booked her test B1 Trinity college London English test (http://www.trinitycollege.com/site/?id=3220) for this sunday but they said that the certificate will not be delivered until 7 days.Can we use provisional test result to apply for ILR on SET O?

Why don't you use NARIC service that can validate the English language proficiency of an applicant, in this case your wife. If your wife has a degree thought in English and has all her academic certificates with her then you could use NARIC fast-track service. https://www.naric.org.uk/visas%20and%20nationality/

This could possibly be a less risky approach than writing an exam under stress and hoping to pass it.

The best option is go for NARIC and the exam simultaneously.

Agreed but with NARIC you need 2 certificates 1) Equivalency with UK and 2) Level of English. With level of english part we have to submit a letter from university or institution that the degree was tough in English which we would not have been able to produce given that we have very limited time before we have to re-apply

OK, good luck. Let us know the outcome.

BTW, are you doing a postal or premium application?

[pathikvashi]

Now the issue is my wife's current leave expires on 14th March , so we have booked her test B1 Trinity college London English test (http://www.trinitycollege.com/site/?id=3220) for this sunday but they said that the certificate will not be delivered until 7 days.Can we use provisional test result to apply for ILR on SET O?

Why don't you use NARIC service that can validate the English language proficiency of an applicant, in this case your wife. If your wife has a degree thought in English and has all her academic certificates with her then you could use NARIC fast-track service. https://www.naric.org.uk/visas%20and%20nationality/

This could possibly be a less risky approach than writing an exam under stress and hoping to pass it.

The best option is go for NARIC and the exam simultaneously.

Agreed but with NARIC you need 2 certificates 1) Equivalency with UK and 2) Level of English. With level of english part we have to submit a letter from university or institution that the degree was tough in English which we would not have been able to produce given that we have very limited time before we have to re-apply

OK, good luck. Let us know the outcome.

BTW, are you doing a postal or premium application?

Postal

[vinny]

They have retained all the original documents as well and gave us passport only to sit for the exam. So once she passes the exam trust that as long as I post the new application before or on 14th March, her continuous stay will be considered?

Actually, it seems that they gave her an opportunity to pass the English test requirement, within a time limit, as outlined in their guidance.

It does not seem like because the refusal letter clearly states " You must submit a new application for leave to remain or leave the UK before your current leave expires)

Thanks. I had overlooked that she still had leave.

[pathikvashi]

Hi guys,

I posted the application yesterday. Just need to double check something with regards to section 9.

Applying for ILR under PBS dependent route do we need to fill section 9 in SET(O) form? I had someone told me that I had to fill it. So some clarification will be helpful.

Pathik

[CR001]

Section 9 is NOT relevant to PBS Dependents applying for ILR on their own.

[pathikvashi]

Section 9 is NOT relevant to PBS Dependents applying for ILR on their own.

thanks, this is helpful.

[LornaB]

Hi Pathikvaski

Can you let me know how you get on? I am in a very similar boat as I took my B1 test on 13 Mar 2018 but my visa expires on 22nd March so I am sending my application with the provisional results only. I'd like to know if they accept the provisional letter and TCL number?

Frustrating since English is my 1st language

Rgds

Lorna

[pathikvashi]

Hi Pathikvaski

Can you let me know how you get on? I am in a very similar boat as I took my B1 test on 13 Mar 2018 but my visa expires on 22nd March so I am sending my application with the provisional results only. I'd like to know if they accept the provisional letter and TCL number?

Frustrating since English is my 1st language

Rgds

Lorna

Hi Lorna,

Absolutely crazy and rip off this service is for someone who have been in the country for 5 years and working. I understand there are people who cannot gel within the community but why have the rest like us to suffer?

Anyways were you refused at one of the premium visa service centre?
I am will be posting the certificate tomorrow now that I have got the acknowledgement have got case id. But as per https://www.gov.uk/guidance/immigration ... uage-tests we do not need to send certificate they can verify the result from electronic reference number.

Keep in touch with how your application progresses.

Best,
PV

[mashaley]

Hi,
I have 2 questions.
Did you get your ILR using old ielts report?
Did you have to pay the whole processing fee for your wife twice or they only asked for the English test report?
Thanks,
Masha

[CR001]

Hi,
I have 2 questions.
Did you get your ILR using old ielts report?
Did you have to pay the whole processing fee for your wife twice or they only asked for the English test report?
Thanks,
Masha

Have you actually read the whole thread???

[vinny]

Hi,
I have 2 questions.
Did you get your ILR using old ielts report?
Did you have to pay the whole processing fee for your wife twice or they only asked for the English test report?
Thanks,
Masha

Have you actually read the whole thread???

Or read the title of the topic?

[mashaley]

Hi,
I did read the whole topic.
I guess my question is not clear.
I wanted to know if the main applicant(the husband) used old IELTS report to get his ILR.(they do not ask for ielts for PBS dependant for tier 2 dependant visa)
The second question was if he had to pay the whole fees twice.
Sorry for any confusion.
Thanks
Masha

[CR001]

Hi,
I did read the whole topic.
I guess my question is not clear.
I wanted to know if the main applicant(the husband) used old IELTS report to get his ILR.(they do not ask for ielts for PBS dependant for tier 2 dependant visa)
The second question was if he had to pay the whole fees twice.
Sorry for any confusion.
Thanks
Masha

You should continue in your existing topic you already have where you have asked the question already rather than tagging onto another members thread. It is considered rude and unfair to the original poster and creates confusion when members respond. This topic relates to a PBS Dependent refusal and not a main applicant refusal.

indefinite-leave-to-remain/documents-fo ... l#p1611890

[mashaley]

Hi Vinny and Char,
Very sorry for the confusion. The questions were for Pathikvashi.
Very very sorry.
Thanks for guiding me on how to follow topics here since I am new here.
Thanks once again
Masha.