Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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ro2020
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by ro2020 » Sat May 04, 2019 7:07 pm
I applied for ILR (SET M) and within 24 hours I received an email that my application had "exceptionally complex issues". 2 days later I received the letter informing that due to my knowledge of English, I was not granted my ILR. Instead I was granted an extension on my spouse visa.
The HO letter stats that this was because the level of English submitted in my previous application (spouse extension) was A1. However, this is incorrect because I had achieved B1 at that time and this is easy to prove because they included the TLC number on the letter.
I had not submitted my B1 certificate because this was not included as part of the list of documents required in my ILR application (which is very misleading because I know that on the gov website they refer to the need of providing the certificate). To make things worse the person at the Priority service said that I should stick with the list and not provide anything else because the government "probably" had already the info about my B1 result in their system. Well, they did but the system had the wrong data (A1 instead of B1).
I consider that they have clearly made a mistake on their decision and therefore I have already sent a Reconsideration request letter via email and Post Office to be granted the ILR. In parallel I sent a complaint to the Super Priority Service.
I just would like to hear if anyone has had the same experience and could let me know how long did take to hear from the case worker about the reconsideration request and most importantly if it was successful. My hope is that they realise their mistake and try now to meet the 24 hours target.
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CULLINAN
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by CULLINAN » Sat May 04, 2019 9:47 pm
ro2020 wrote: ↑Sat May 04, 2019 7:07 pm
I applied for ILR (SET M) and within 24 hours I received an email that my application had "exceptionally complex issues". 2 days later I received the letter informing that due to my knowledge of English, I was not granted my ILR. Instead I was granted an extension on my spouse visa.
The HO letter stats that this was because the level of English submitted in my previous application (spouse extension) was A1. However, this is incorrect because I had achieved B1 at that time and this is easy to prove because they included the TLC number on the letter.
I had not submitted my B1 certificate because this was not included as part of the list of documents required in my ILR application (which is very misleading because I know that on the gov website they refer to the need of providing the certificate). To make things worse the person at the Priority service said that I should stick with the list and not provide anything else because the government "probably" had already the info about my B1 result in their system. Well, they did but the system had the wrong data (A1 instead of B1).
I consider that they have clearly made a mistake on their decision and therefore I have already sent a Reconsideration request letter via email and Post Office to be granted the ILR. In parallel I sent a complaint to the Super Priority Service.
I just would like to hear if anyone has had the same experience and could let me know how long did take to hear from the case worker about the reconsideration request and most importantly if it was successful. My hope is that they realise their mistake and try now to meet the 24 hours target.
Why was it not included in the list of checklist. Did you filled the application form and chose the correct option?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.
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ro2020
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by ro2020 » Sat May 04, 2019 11:46 pm
Once you finish the application, then it states which documents I needed to submit (ie.: passport, payslips, letter from employer, life in the Uk but there was no mention to English Certificate). Yes, my husband and I have confirmed the responses and they were appropriate. My B1 English exam was done in 2016 and although it has run out, it is still part of the recognised exams and it has been used in a previous Uk immigration application. Therefore meet the requirement to be considered as part of a settlement application. As mentioned they say in their letter that as I have achieved A1 on that exam I have not met the requirements. However I achieved B1 so I think that was a human error on their side and should be easily fixed. Thus my reconsideration letter states that their reason doesn’t proceed because instead of A1 I achieved B1 and therefore meet the requirements to be granted ILR. I have attached a copy of the English certificate so they can confirm that. I just need someone to confirm what should be the outcome.
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CULLINAN
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by CULLINAN » Sun May 05, 2019 12:38 am
ro2020 wrote: ↑Sat May 04, 2019 11:46 pm
Once you finish the application, then it states which documents I needed to submit (ie.: passport, payslips, letter from employer, life in the Uk but there was no mention to English Certificate). Yes, my husband and I have confirmed the responses and they were appropriate. My B1 English exam was done in 2016 and although it has run out, it is still part of the recognised exams and it has been used in a previous Uk immigration application. Therefore meet the requirement to be considered as part of a settlement application. As mentioned they say in their letter that as I have achieved A1 on that exam I have not met the requirements. However I achieved B1 so I think that was a human error on their side and should be easily fixed. Thus my reconsideration letter states that their reason doesn’t proceed because instead of A1 I achieved B1 and therefore meet the requirements to be granted ILR. I have attached a copy of the English certificate so they can confirm that. I just need someone to confirm what should be the outcome.
You must have selected the option that you meet the english requirements already that is why it did not appear in the checklist. As long you have a B1 test that still is on the approved list of exams and centres both you should be okay.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.
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ro2020
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by ro2020 » Sun May 05, 2019 6:25 am
Your comment makes sense. I had answered yes for the question about having B1, then Trinity College for the institution and the TLC number of the exam that I was awarded B1. Maybe for that reason they don’t ask for the certificate itself. It is so bad that they had the wrong data in the system and didn’t consult with me before sending their decision. Due to the bank holiday the case worker will receive my reconsideration request on Wednesday so I truly hope they grant ILR quickly. I will call the priority service to ask them to speed up my application as well.
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ro2020
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by ro2020 » Sun May 05, 2019 6:36 am
The test is Grade 5, GESE, Speaking and Listening (Entry 3) awarded by the Trinity College, level B1.1 with Distinction. I checked about 10 times and it is still on the list. Then to read that you achieved A1 on the exam you achieved B1 it is disappointing.
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ro2020
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by ro2020 » Wed May 08, 2019 8:52 pm
IRL was granted today - Really recommend Reconsideration request letter!