Wifes FLR(M) visa refused need advice

[carlingmayfair]

Hi, my wifes FLR(M) visa has been refused on the grounds that she failed to prove she had passed an approved english language test.

This was an honest mistake as we sent in the one we used last time not even contemplating it would be a problem.

UKBA have kept her passport so we cannot even go and get the test done now as they have all her photo i.d (passport/biometric card)

They say we can appeal but not listing ground for the above.

any advice welcome

Thankyou
Carlingmayfair

[Amber]

Appeal within 10 days and send evidence of satisfying the A1 English requirement.

[carlingmayfair]

Thats a problem, because they refused her test certificate she will have to take a new test, which she needs her passport for i.d which the UKBA still have.

[Amber]

Does she have a degree taught in English?

[carlingmayfair]

no driving license only photo i.d @ukba.

[carlingmayfair]

Sorry don't know what was going on with my reply above.

Ok i have got my wife booked to take her english test on wednesday, as long as the examiner accepts the i.d.

Now we have until wednesday to appeal, but i dont think they will except the new test certificate at the appeal because it was taken after the visa was refused.

My question now is once we have sent in the appeal can we then re apply for the FLR(M) visa while were waiting for the appeal?

[Amber]

The tribunal can consider information after a decision, just make sure you appeal within 10 days.

[carlingmayfair]

Will be done tomorrow.

Thanks

[Obie]

You can withdraw and reapply, but that could take longer than an appeal, and any lawful residence that she already accured will be broken.

You best option will be to appeal as advised.

[carlingmayfair]

Ok, can we apply for her ILR visa (in about 2 months) or do we have to wait until after the appeal for that?

Thanks

[carlingmayfair]

Hello, is it best to go for an oral hearing for this or just papers?

Note appeal going in now online and her english test is on wednesday.

I am going to be her representative, as far as i can see so far this is acceptable as i am also her sponsor, am i correct?

I have also stated that we do not need a translator as anything she doesn't understand i can explain. is this wise?

Thankyou for taking the time to reply, it is very much appreciated.

(edit) the deadline for appeal is 20 june 2014, would it be best to submit the appeal after her english test or better to do it now?

i'm sorry if these are stupid questions, i'm trying not to mess this up.

[Amber]

So far as the appeal is submitted by the dead line it doesn't matter, remeber to send via recorded delivery with proof of postage. Oral hearing is usually best.

[carlingmayfair]

ok thanks