SET M Application Refused

[rvsimp]

I am British and my wife Karen (from the Philipinnes) applied for indefinite leave to remain using the posted SET M application form as per below and was refused.

- Karen entered the UK on 29 May 2006 with leave to enter until 15 May 2011 for work permit employment
- Karen applied on 29 September 2008 for further leave for work permit employment. Karen was granted further leave to remain until 18 October 2013 (That leave was curtailed on 31 January 2012 so as to end on 31 March 2012 as Karen's employment had ended).
- Karen applied on 1st December 2011 for further leave to remain as the spouse of a settle person. On 27 June 2012 Karen was granted further leave to remain until 27 June 2014
- Karen now applied on 2nd June 2014 for indefinite leave to remain as the spouse of a person present and settled in the UK

Karen provided all relevant documents; the Life in the UK pass certificate and entry level 1 in ESOL; however we understand that entry level 3 or above is required.
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The home office explanation is as follows:

It is acknowledged that you have provided evidence that you have passed the 'Life in the UK test'.

You have also provided an ESOL certificate showing that you have achieved entry level 1 in ESOL. However, in order to demonstrate sufficient knowledge of the English language it is necessary to achieve entry level 3 or above in ESOL. Full details of the English language requirements are set out in Appendix KoLL of the Rules.

As outlined above, you do not meet the requirements for indefinite leave to remain in the UK under Part 8 of the Immigration Rules.

It is however, accepted that you are in a genuine relationship, and therefore you have been granted a period of limited leave to remain for 24 months (2 years) as the spouse of a settled person in order to demonstrate sufficient knowledge of the English Language.

Once you are able to demonstrate sufficient knowledge of the English language it is open to you to re-apply for indefinite leave to remain providing you continue to meet all other requirements of the Rules.

You are not entitled to appeal this decision. Section 82 of the Nationality Immigration and Asylum Act 2002 does not provide a right of appeal where an applicant still have leave to enter or remain in the UK and so it entitled to stay here.
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My query here is; it is correct Karen has no right of appeal; and if so is there any other options for us here to fight the decision.

Karen has worked as a Senior Carer in the UK for 8 years now; and has an excellent grasp of the English Language; writing and speaking. The only mistake Karen made was thinking the entry Level 1 in English Language was the Level 1 in English Language as stated on the SET M application form. I feel the decision is very harsh considering the fee involved in making the application.

[Casa]

Unfortunately the decision was correct as B1 level English for ILR is mandatory. However, at the discretion of the case worker they have granted a 2 year extension, enabling her to meet the language requirement when she is able and to then re-apply for ILR.
It may seem harsh but an appeal wouldn't have any success as the law has been applied correctly and she has been fortunate to have been given a concession. It's regrettable that you didn't fully understand the regulations set out in the SET(M) application form.

[Obie]

I concur. Had they not issued her any leave, I would have concluded that A277 was offended.

The decision was wholly correct.

Get the B1 and Life in the UK test done and reapply.

The onus is on the applicant to ensure the meet the requirements before applying .

[WR1]

Applicant already has Life in the UK test done so no need to sit this one again.

Unfortunately OP, as your spouse did not have the sufficient level of English, even if you did have appeal rights, it would not succeed as the decision was applied correctly as confirmed by the two moderators.

What your spouse needs is English at Level B1 of the Common European Framework of Reference. The ESOL equivalent to this is Entry 3.

Levels are as follows:

ESOL Entry 1: Level A1 of CEFR
ESOL Entry 2: Level A2 of CEFR
ESOL Entry 3: Level B1 of CEFR
ESOL Level 1: Level B1 of CEFR
ESOL Level 2: Level C1 of CEFR

For ILR, your spouse needs a Minimum of ESOL Entry 3 or above in order to satisfy the requirements. As your spouse only had Entry 1, this is at Level A1 of the CEFR so below the requirement of Level B1. Since your spouse has been granted another two years, get her to take the ESOL Entry 3 exam and after gaining the qualification, apply for ILR straight away. There is no need to wait for another 2 years.

[Mainatsayi]

OP the same thing happened to me, I provided level one instead of 3. I was refused at Croydon and I want back 2weeks later with the correct certificate and was granted my IRL. So just reapply once she has the correct certificate.

[thamsinkumar]

hello friend..


is Esol certificate from Edexcel accepted by home office ?

I want to apply flr m for my wife. As she needs A. But I am planning for B1 so that it may help also in ILR in future.

So its A1 or B1 from Edexcel Esol.

but confused by website from edexcel, please have a look and guide me please


Are Edexcel ESOL Speaking and Listening qualifications still recognised by the Home Office for ILR, Citizenship and passports?
Last Updated: 10 months ago Citizenship, ESOL Speaking & Listening, VISA

Yes, Edexcel ESOL qualifications meet the English Speaking and Listening requirement of the Home Office’s Knowledge of Language and Life in the UK (KoLL) requirement for settlement and naturalisation. Details can be found in the Home Office document Changes to the Knowledge of language and life in the UK requirement for settlement and naturalisation,

Edexcel ESOL qualifications are not valid for visa purposes. A list of qualifications that are can be found on the list of Secure English Language Tests (SELT) list - this includes other qualifications delivered by Pearson.

I concur. Had they not issued her any leave, I would have concluded that A277 was offended.

The decision was wholly correct.

Get the B1 and Life in the UK test done and reapply.

The onus is on the applicant to ensure the meet the requirements before applying .