SET M application rejected - wrong Eng Lang test

[nick0811]

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

[aman90]

Jeez £1500... granted you didn’t check the correct required qualification but still..if I was you I would definitely appeal. And give half of it to charity
The fees are exceptionally high and human error is a possibility. You have suffered the consequences by waiting for so long.

[Akz82]

Hi the exact same scenario happened to me and I was given flr. I however haven’t received a refund of the difference. Did you write a letter to them? As I was told they normally refund it after 90 days. I haven’t written a letter and the 90 days have passed.

[Akz82]

Hi the exact same scenario happened to me and I was given flr. I however haven’t received a refund of the difference. Did you write a letter to them? As I was told they normally refund it after 90 days. I haven’t written a letter and the 90 days have passed.

[vinny]

(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.

Indeed.

If you are not satisfied with a B1 qualification you must ask the applicant to take a test with one of the providers on the current SELT list, at an approved test centre.

[nick0811]

Hi the exact same scenario happened to me and I was given flr. I however haven’t received a refund of the difference. Did you write a letter to them? As I was told they normally refund it after 90 days. I haven’t written a letter and the 90 days have passed.

Too early to check for the refund but thanks for the warning. Just to rub salt in the wound, today we received the letter confirming the 30 month extension headed "Five year Parent route" and informing us that we submitted an application under this route. In fact we submitted under SET (M). Incomptetent or what????