British spouse Refused to enrol on ESOL course

[gimarwat]

Dear moderators and experience members
I'm a British national and recently my wife was granted spouse visa/BRP.
We went to a local council college to enrol for ESOL English course and were refused as the BRC says Leave to enter instead of Spouse/partner visa document. I tried to explain the situation and showed them Her initial visa sticker on passport where it is stated Partner(standard) but they replied it cant be accepted as it has expired.They asked us to come back after 3 years to enrol when she is eligible for.
I got confused maybe HO has made a mistake issuing the BRC. We're going to see them again today and will take with us all relevant documents such as Passports, BRC, proof of address and marriage certificate to prove that she is a spouse of British national and the BRC has been issued to her on the same basis.
any guidance and recommendation will be highly appreciated.
Regards

[CR001]

1. Why ESOL?? ESOL is no longer accepted for any HO applications.

2. She has to pay for her course, it is not for free but not sure if that is what the issue is.

[gimarwat]

1. Why ESOL?? ESOL is no longer accepted for any HO applications.

2. She has to pay for her course, it is not for free but not sure if that is what the issue is.

CR001
Thanks for the prompt reply
1. ESOL is not for HO application, just for the English to learn.
2. All ESOL courses are in our local college are free for the British and EU Nationals or their family members OR for all those who has been loyal living for 3 years in UK.
Our problem is that they don’t accept my wife BRC as a spouse/partner visa because it doesn’t say on it.

[CR001]

If you believe her BRP is incorrect, then you will need to contact the BRP team to get it corrected.

[Casa]

1. Why ESOL?? ESOL is no longer accepted for any HO applications.

2. She has to pay for her course, it is not for free but not sure if that is what the issue is.

CR001
Thanks for the prompt reply
1. ESOL is not for HO application, just for the English to learn.
2. All ESOL courses are in our local college are free for the British and EU Nationals or their family members OR for all those who has been loyal living for 3 years in UK.
Our problem is that they don’t accept my wife BRC as a spouse/partner visa because it doesn’t say on it.

If your wife has only recently been issued with her BRP on a 2.5 year spouse visa,, surely she won't qualify for the 3 years of residence

[Londoner007]

I've seen a few recent BRP that no longer say spouse / partner but just say Leave to Enter and Work permitted. Wonder if its a new thing. I suppose leave to enter with a expiry date of 2.5 years makes sense as it would allow you to leave and enter UK within that time.

[ariamus]

If it helps, my first 2.5 year spouse visa Biometric Residence Permit states:

Type of permit:
Spouse/partner
Leave to enter

Remarks:
Work permitted

[Londoner007]

And when was this issued?

[gimarwat]

1. Why ESOL?? ESOL is no longer accepted for any HO applications.

2. She has to pay for her course, it is not for free but not sure if that is what the issue is.

CR001
Thanks for the prompt reply
1. ESOL is not for HO application, just for the English to learn.
2. All ESOL courses are in our local college are free for the British and EU Nationals or their family members OR for all those who has been loyal living for 3 years in UK.
Our problem is that they don’t accept my wife BRC as a spouse/partner visa because it doesn’t say on it.

If your wife has only recently been issued with her BRP on a 2.5 year spouse visa,, surely she won't qualify for the 3 years of residence

I agree that She doesn’t qualify for the 3 years of residence but does qualify as BC spouse/partner I guess

[gimarwat]

And when was this issued?

It was issued on 19th June 2018 and entered UK on 31/07/2018

[Londoner007]

Intersting as I saw a few that only said:

Leave to enter

Remarks:
Work permitted

[gimarwat]

Intersting as I saw a few that only said:

Leave to enter

Remarks:
Work permitted

My wife’s one says the same as above and that is the reason the college says it’s not a spouse/partner document but the letter from HO or the counterpart does say (leave to enter) partner standerd with the same issue/expiry dates

[Londoner007]

The college is being silly then. Show them the letter your wife got with the vignette sticker

[gimarwat]

The college is being silly then. Show them the letter your wife got with the vignette sticker

exactly that's what I'm going to do
another question arised
is it gonna affect the upcoming BRP renewal as the local college is public funded body

[Londoner007]

I have never heard a ESOL course being free because of the spouse being British Citizen - are you sure it is free for her and not you?

However, If you qualify as a British Citizen for anything to do with publicly funded stuff - even child benefit for example, and because you qualify your wife can benefit from it, then it wont affect anything because as a British Citizen you are allowed to make use of public funds which YOU are entitled to.

Your wife is not entitled to any public funds by herself only.

[daku]

No one can stop you to enrol on the ESOL course if you have a visa but you have to pay for it. My wife is on a spouse visa and she paid for it.

The college will assess you before enrolling it and ask for proof of benefits. Obviously this wouldn't be possible on this case as she is not entitled to public funds. I had to produce marriage certificate and also my passport as BC.

It is usually people who have indefinite leave to remain and are on benefits who get it for free and maybe people aged 16-19. I don't think adults get it and i wouldn't risk it with a visa.