Which visa route should we apply?

[Oxford84]

Good Afternoon board members
Hope all is well
Would like to ask few questions if any one can help please.

Friend of mine is going to apply for extension but don’t know which category he needs to apply

He came in 2015. Spouse/CP visa of Mrs.... 5 years route to ILR. ( to mention here he didn’t show income of £18600 when he 1st applied for visa. HO granted him visa in 5 years to ILR route)

When he applied for extension in 2018 HO granted him visa in different category route to 10 years ILR
Reason they have said is English Language certificate was not submitted when applied.
They didn’t ask to submit new certificate otherwise my friend would have done that

Now which visa category he needs to apply now?

He had 1st visa Spouce/CP
2nd Leave to remain Which type of categories are these???

Can he apply for ILR now? If not which visa category should he apply now? He don’t want to go for 10 years route

Any help will be appreciated

Regards

[CR001]

He cannot apply for ilr yet as his route has changed. He needs to either switch back to the 5 year FLR m and start 5 years again from scratch or he applies for FLR fp extension on the 10 year route he already is.

[Oxford84]

He cannot apply for ilr yet as his route has changed. He needs to either switch back to the 5 year FLR m and start 5 years again from scratch or he applies for FLR fp extension on the 10 year route he already is.

Thanks CR001 for your promote reply.
He didn’t know he needs English Language Certificate When he applied for extension last time
HO did send him a letter to send some other documents but they didn’t ask for English Certificate either
Can we justify this As when HO Sent a letter they didn’t ask for Certificate???


Thanks again for your help

[CR001]

Can we justify this As when HO Sent a letter they didn’t ask for Certificate???

It is the applicant's responsibility, always has been, to make sure they meet the requirements and submit all the mandatory evidence.

[vinny]

If he had at least an A2 English language test certificate at that time, then complain to the caseworker.

[Oxford84]

If he had at least an A2 English language test certificate at that time, then complain to the caseworker.

Thanks Vinny. When he 1st Applied for Visa he did submit English Language certificate but after he arrived some immigration rules were changed and English certificate had to be certified From SELT

Is there any possibility can We argue with HO with regards to this Matter now?? Or is it too late For now and We should just simply apply for 2nd extension Now and wait until he is eligible for ILR?

Thanks again for both Of you for your help and kindness

[Oxford84]

Can we justify this As when HO Sent a letter they didn’t ask for Certificate???

It is the applicant's responsibility, always has been, to make sure they meet the requirements and submit all the mandatory evidence.

Thanks CR001. It was his fault as well as he didn’t check immigration rules changed but also the other side when HO sent him a letter they didn’t ask for Certificate just ask for other documents which were missing.

Is there any way something can happen? Or is it too late for now and we should simply apply for further extension. Thanks again for both of you for your help and kindness

[vinny]

As matters stand with limited time, I think he should apply in-time for an extension to prevent overstaying.

However, there is no harm in also asking them whether the caseworker should have requested the correct English test and given him the opportunity to produce it under the evidential flexibility policy. Refer to the linked judgment. If they admit that it was their mistake, then they may correct it somehow?

[Oxford84]

As matters stand with limited time, I think he should apply in-time for an extension to prevent overstaying.

However, there is no harm in also asking them whether the caseworker should have requested the correct English test and given him the opportunity to produce it under the evidential flexibility policy. Refer to the linked judgment. If they admit that it was their mistake, then they may correct it somehow?

Ok Thanks Vinny
One last thing can you please give me email or postal address of HO where i can send them Letter or email with every single details and papers so they can respond me accordingly?
When i look GOV website for details they give me this contact number 0300 123 2241 to contact HO for general immigration enquiry. I would rather send them email or letter where i can describe complete details of the case of my friend.

Again thanks for your help and kindness

Regards

[geoeng]

If it's a complaint about their service, you could try the contact details on the web page linked below. Contacting your MP for assistance might also be worthwhile as they likely have more direct contacts available within the Home Office.

https://www.gov.uk/government/organisat ... -procedure

[Oxford84]

If it's a complaint about their service, you could try the contact details on the web page linked below. Contacting your MP for assistance might also be worthwhile as they likely have more direct contacts available within the Home Office.

https://www.gov.uk/government/organisat ... -procedure

Thanks Geoeng. But we have no complain to HO service We just want to ask them of we can apply for ILR as it was a error from there side when they sent a letter they didn’t ask for English Language Certificate. If we can get HO email or postal address where we can send Detail letter/email With other documents. Will appreciate your help

[seagul]

If it's a complaint about their service, you could try the contact details on the web page linked below. Contacting your MP for assistance might also be worthwhile as they likely have more direct contacts available within the Home Office.

https://www.gov.uk/government/organisat ... -procedure

Thanks Geoeng. But we have no complain to HO service We just want to ask them of we can apply for ILR as it was a error from there side when they sent a letter they didn’t ask for English Language Certificate. If we can get HO email or postal address where we can send Detail letter/email With other documents. Will appreciate your help

There isn't any designated email/postal address rather a covering letter/complain letter can be uploaded along with other supporting documents at UKVCAS website.

[Oxford84]

If it's a complaint about their service, you could try the contact details on the web page linked below. Contacting your MP for assistance might also be worthwhile as they likely have more direct contacts available within the Home Office.

https://www.gov.uk/government/organisat ... -procedure

Thanks Geoeng. But we have no complain to HO service We just want to ask them of we can apply for ILR as it was a error from there side when they sent a letter they didn’t ask for English Language Certificate. If we can get HO email or postal address where we can send Detail letter/email With other documents. Will appreciate your help

There isn't any designated email/postal address rather a covering letter/complain letter can be uploaded along with other supporting documents at UKVCAS website.

Ok thanks Seagal but will we have to do this when we apply for extension?

Regards

[Oxford84]

Good Afternoon Board Members

Hope all is well. Thanks again for helping earlier i did request for information with regards to my friend visa type few months back .link attached

immigration-for-family-members/what-typ ... 03586.html

We contacted our MP and she contacted HO with regards to this my friend’s visa matter. We has the following reply. ( sending last 2 paragraphs)

am sorry that Mr........ is unhappy with his grant of LTR on the 10-year route. However, we could not grant Mr...... LTR on the five-year route to settlement as he did not provide the mandatory evidence with his application, to prove that he had achieved a qualification in English language at a minimum of level A2. Only City & Guilds certificates at A1 level were provided. It should be noted that the onus is on the applicant to provide the mandatory documents to prove how their application meets the requirements of the Immigration Rules for the route they wish to be considered under.

We note Mr ........ comments regarding us writing out for other documents before finalising a decision on his application, but not requesting English language evidence. On 26 September 2018, we wrote to Mr...... asking for his children’s Birth Certificates, as he had declared four children on his application form. When children are named on an application we are required to consider Section 55 of the Borders, Citizenship and Immigration Act 2009 (duty regarding the welfare of children). This is the duty to have regard for the need to safeguard and promote the welfare of children and requires us to consider the effect on any children of a decision to refuse leave, or remove, against the need to maintain the integrity of the immigration control. In....... case we wrote out for the Birth Certificates solely to ensure we could fulfil our duties under Section 55, it was not a wider request for missing information.

If Mr ....... believes that he can now demonstrate that he has achieved a qualification in English language at a minimum of level A2 he is of course free to re-apply for LTR under the five-year route at any time. We would consider any fresh application on its own merits and in accordance with the Immigration Rules. Mr xxxx may wish to seek advice from a qualified immigration adviser before any fresh application is made. In the UK, the Office of the Immigration Services Commissioner (OISC) regulates immigration advisers. The OISC website,


After reading this reply our understanding is that my friend can apply for ILR if he can provide Relevant documents english test liuk etc. Can anyone please help to confirm that my friend can apply for ILR??? Will appreciate your help and kindness
Thanks

[CR001]

Topics merged.

[iwolga]

Good Afternoon Board Members

Hope all is well. Thanks again for helping earlier i did request for information with regards to my friend visa type few months back .link attached

immigration-for-family-members/what-typ ... 03586.html

We contacted our MP and she contacted HO with regards to this my friend’s visa matter. We has the following reply. ( sending last 2 paragraphs)

am sorry that Mr........ is unhappy with his grant of LTR on the 10-year route. However, we could not grant Mr...... LTR on the five-year route to settlement as he did not provide the mandatory evidence with his application, to prove that he had achieved a qualification in English language at a minimum of level A2. Only City & Guilds certificates at A1 level were provided. It should be noted that the onus is on the applicant to provide the mandatory documents to prove how their application meets the requirements of the Immigration Rules for the route they wish to be considered under.

We note Mr ........ comments regarding us writing out for other documents before finalising a decision on his application, but not requesting English language evidence. On 26 September 2018, we wrote to Mr...... asking for his children’s Birth Certificates, as he had declared four children on his application form. When children are named on an application we are required to consider Section 55 of the Borders, Citizenship and Immigration Act 2009 (duty regarding the welfare of children). This is the duty to have regard for the need to safeguard and promote the welfare of children and requires us to consider the effect on any children of a decision to refuse leave, or remove, against the need to maintain the integrity of the immigration control. In....... case we wrote out for the Birth Certificates solely to ensure we could fulfil our duties under Section 55, it was not a wider request for missing information.

If Mr ....... believes that he can now demonstrate that he has achieved a qualification in English language at a minimum of level A2 he is of course free to re-apply for LTR under the five-year route at any time. We would consider any fresh application on its own merits and in accordance with the Immigration Rules. Mr xxxx may wish to seek advice from a qualified immigration adviser before any fresh application is made. In the UK, the Office of the Immigration Services Commissioner (OISC) regulates immigration advisers. The OISC website,


After reading this reply our understanding is that my friend can apply for ILR if he can provide Relevant documents english test liuk etc. Can anyone please help to confirm that my friend can apply for ILR??? Will appreciate your help and kindness
Thanks

No, I believe the reply states quite the opposite. Your friend can apply for a 5 year route from scratch - that’s what HO is saying.

[Oxford84]

Thanks for reply Iwolga. So you mean will he have to start from 0 again and Completehis 5 years again then he will be eligiblefor ILR? What about the time he has already pent in this country on previous Visas which is 5 years????

[iwolga]

Thanks for reply Iwolga. So you mean will he have to start from 0 again and Completehis 5 years again then he will be eligiblefor ILR? What about the time he has already pent in this country on previous Visas which is 5 years????

Yes, unfortunately this is the case and you’ve been advised the same by CR001. Your friend made an expensive mistake with that English test.

[Oxford84]

Thanks Iwolga and CR001. We have asked 3 solicitors about this. 2 of them said we can apply for ILR if we have B1 and LIUK along with other required documents. 1 solicitor said we have to apply again for 2nd extension of 2 and half year after that we can apply for ILR. It’s quite confusing for us to decide now. Please help

[vinny]

We contacted our MP and she contacted HO with regards to this my friend’s visa matter. We has the following reply. ( sending last 2 paragraphs)

am sorry that Mr........ is unhappy with his grant of LTR on the 10-year route. However, we could not grant Mr...... LTR on the five-year route to settlement as he did not provide the mandatory evidence with his application, to prove that he had achieved a qualification in English language at a minimum of level A2. Only City & Guilds certificates at A1 level were provided. It should be noted that the onus is on the applicant to provide the mandatory documents to prove how their application meets the requirements of the Immigration Rules for the route they wish to be considered under.

We note Mr ........ comments regarding us writing out for other documents before finalising a decision on his application, but not requesting English language evidence. On 26 September 2018, we wrote to Mr...... asking for his children’s Birth Certificates, as he had declared four children on his application form. When children are named on an application we are required to consider Section 55 of the Borders, Citizenship and Immigration Act 2009 (duty regarding the welfare of children). This is the duty to have regard for the need to safeguard and promote the welfare of children and requires us to consider the effect on any children of a decision to refuse leave, or remove, against the need to maintain the integrity of the immigration control. In....... case we wrote out for the Birth Certificates solely to ensure we could fulfil our duties under Section 55, it was not a wider request for missing information.

If Mr ....... believes that he can now demonstrate that he has achieved a qualification in English language at a minimum of level A2 he is of course free to re-apply for LTR under the five-year route at any time. We would consider any fresh application on its own merits and in accordance with the Immigration Rules. Mr xxxx may wish to seek advice from a qualified immigration adviser before any fresh application is made. In the UK, the Office of the Immigration Services Commissioner (OISC) regulates immigration advisers. The OISC website,

Actually, with respect to the English test, there was nothing preventing the caseworker from following D(b)

(ii) Has not submitted a specified document,

the decision-maker may contact the applicant or his representative in writing or otherwise, and request the document(s) or the correct version(s). The material requested must be received at the address specified in the request within a reasonable timescale specified in the request.

Similar to the judgment and Mandalia [2015] UKSC 59, I think the caseworker’s failure to apply the policy was not in accordance with the law, as it was not in accordance with her policy.

[Oxford84]

Thanks for your reply Vinny. So should we apply for ILR??? One solicitor advised that when applying write complete cover letter with application. Really appreciate members help

[TODMATT]

Thanks for your reply Vinny. So should we apply for ILR??? One solicitor advised that when applying write complete cover letter with application. Really appreciate members help

Cover letter is not mandatory and if you have something to explain then write a cover letter otherwise not needed.

[Oxford84]

Thanks Todmatt. Appreciate your help. We Will apply for ILR then. Thanks everyone for helping

[vinny]

If they haven’t admitted their mistake in not using the evidential (in)flexibility policy, then they haven’t reverted her route. Then I think it’s likely that they will also refuse an ILR application.