I have applied my wife ILR on 30th Dec at Sheffield office but unfortunately visa has been rejected (under paragraph 319E of the immigration rule). My wife passed ESOL entry 1 (A1) which she was told at the college that she need that certificate for her visa but that was not the case as home office requires B1 (entry level 3) or above. I also did not pay that attention that there are several types of ESOL certificates, in short visa has been rejected and no right of appeal has been given under section 82 (act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the united kingdom and so is entitled to stay here, as her current leave to remain valid until 10-01-2016.
I would like to know if we can appeal against this and say something that we did not understand the difference between types of ESOL levels as it’s not quite clear even on the form SET (M) at page 15 (An ESOL qualification at Entry Level 3, Level 1 or Level 2, that includes speaking and listening which has been regulated by the Office of Qualifications and Examinations Regulation (Ofqual). It must be listed as an ESOL qualification on the Ofqual Register and taken in England, Wales or Northern Ireland;)
When i read above on the form (ESOL level 1) i thought she has the correct level of English requirement but unfortunately that was not the case.
Please advise is there any chance doing appeal or writing them a letter to ask for refund the fee or its just waste of time,
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