We submitted the SET (M) ILR application on 15th August and heard nothing, not even in junk folder, for over 12 weeks after which we asked our MP to chase it up in mid November. Three weeks later we received a letter advising that as my wife had mistakenly taken the A1 test instead of B1, they would only extend her FLR M visa by another 30 months subject to payment of another £500 health surcharge after which we could reapply for ILR.
Two issues here,
(1) the first is that their service standards advise
If there is a problem with your application or if it is complex, we will write to explain why it will not be decided within the normal standard. We will write within the normal processing time for the 8 week standard and within 12 weeks for the 6 month standard. The letter will explain what will happen next."
We heard nothing for 15 weeks and only then when chased up by our MP
(2) Why could they not simply ask my wife to take the correct test which she would pass easily as she is fluent in English and test site availability is easy within one week.
I was initially tempted to appeal but life is too short and it was a genuine mistake on the part of my wife. At least we get the refund of the difference in application cost but overall this error will still cost us an extra £1,500 by the time we re-apply for ILR which annoyingly we can do at any time as per verbal confirmation from UKVI given that my wife and I have apparently met all other requirements. So again why not just ask for the B1 test submission?
in summary, our mistake but pretty shabby treatment by UKVI
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