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Disability Discrimination by ILR Set(M) Assessor

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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wringring
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Disability Discrimination by ILR Set(M) Assessor

Post by wringring » Tue Sep 17, 2024 6:15 pm

Hi all, I've applied for ILR Set(M) on May 3rd and had Biometrics on May 12th.
I received an email from an assessor on September 11th regarding my KoLL waiver to exempt myself from taking the Life in the UK test due to medical condition.
I provided the required complete waiver from my GP and an accompanying specialist doctor's diagnosis summary sheet as per UKVI's instructions.

The assessor implies my disability is not “severe enough to prevent …(me) from …taking a Life in the UK Test” despite my evidence in my application. They demand I take the test regardless and gave me 28 days or they proceed processing my application without it.
They didn't follow UKVI's standards which are publicly available online and say they have to ask for additional evidence. They didn't give me any contact information to communicate with them or dispute their claim.
I've had to reply to the email via the SETMdocs@homeoffice.gov.uk email address and hope relevant people read it as I told them the Equality Act means they can't arbitrarily decide not to make reasonable adjustments because they think someone isn't disabled enough.
I've sent a complaint email to the relevant email address as well but I have no idea how to proceed and who to speak to as I'm completely confused about the whole situation and some random person deciding my disability isn't real/disabling enough.

Has anyone experienced anything like this or heard of this occurring before?
I have sought help with solicitors (they can't help as it's not a litigation stage), Citizen's Advice (too specific for their assistance), and the Equality Advisory Service but it's all up in the air and I have no clue if anyone will take this situation seriously or outright deny me my settlement visa.
A bit panicked here!

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zimba
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Re: Disability Discrimination by ILR Set(M) Assessor

Post by zimba » Tue Sep 17, 2024 6:59 pm

I am not sure how the equalities act here is relevant. A disability on its own does not lead to exemption. The rules require them to asses if such disability is a long-term illness or disability that severely restricts your ability to take such a test:
When to exercise discretion
You must exercise discretion if the applicant:

• is suffering from a long-term illness or disability that severely restricts their ability to learn English or prepare for the Life in the UK test
• has a mental condition which prevents them from speaking or learning English to the required standard

Where a person provides evidence that they would be unable to satisfy one part of
the requirement, it does not automatically mean that they will be unable to meet the
second part of the requirement. It may be that their condition would make it
unreasonable for them to prepare and complete the Life in the UK test but due to the
different nature of how English language is assessed they are still able to
demonstrate that they satisfy the English language requirement.
https://assets.publishing.service.gov.u ... +in+UK.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

wringring
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Re: Disability Discrimination by ILR Set(M) Assessor

Post by wringring » Tue Sep 17, 2024 7:11 pm

The Equalities Act requires reasonable adjustments be made when needed for disabled individuals in need where possible.

A disability that prevents someone from passing a test successfully, and thus have to pay to take it repeatedly while suffering distress is an individual in need of reasonable adjustment.

Assessors do not have the right/permissions to dismiss the severity of an applicant's disability. They are not a doctor or the like.

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zimba
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Re: Disability Discrimination by ILR Set(M) Assessor

Post by zimba » Wed Sep 18, 2024 2:52 pm

wringring wrote:
Tue Sep 17, 2024 7:11 pm
The Equalities Act requires reasonable adjustments be made when needed for disabled individuals in need where possible.

A disability that prevents someone from passing a test successfully, and thus have to pay to take it repeatedly while suffering distress is an individual in need of reasonable adjustment.

Assessors do not have the right/permissions to dismiss the severity of an applicant's disability. They are not a doctor or the like.
The courts will have to decide whether the assessment was reasonable or not.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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