My experience - PEO Set m today Croydon

[Mainatsayi]

I would like to thank all who contribute to this forum it had been so helpful.

Unfortunately my application did not go well, I submitted the A1 English test certificate the one I submitted for my spouse visa ( had called the homeoffice number and was advised I could use the same one) So my ILR was not granted instead they gave me a further 2 years and advised once I have the B1 certificate I can make another application ( well that will be another £1495 application fee )

[CR001]

Sorry to hear about your experience, but to be honest, how did you not see the requirement on the SET(M) form and the guidance, it very clearly states English level B1?

HO is known for often giving out incorrect information.

[Mainatsayi]

I know my fault, I got confused I thought mine was ESOL level one...a bit grateful it wasn't a totally no, and the guy mentioned all my other documents were perfect thanks to the forum.

[Tier1immigrant]

From your statements above, looks like you have significantly improved from the A1 level which is really good.
Just go for it and it will be over soon.

Good luck.

[Mainatsayi]

Following my above predicament I have now taken my B1 English test....so my question is should I re-apply for ILR before my current leave expires on June 27 or since I was given a 2 year extension I can re-apply anytime? My fear is I might be told to wait until 2 year extension expires?

[sagareva]

Anytime, of course.
regarding the certificate the reason for confusion us, you could use the same certificate if the level on it was sufficient

[Amber]

Do you not have a degree which was taught in English.

[Mainatsayi]

No Amber I don't hence I have to have the B1 certificate.....which I have now.

[oliky]

Same thing just happened to me today, am really gutted because i used a solicitor and he too could not spot this and also because i have a masters degree from a UK university. Feel really bad because i had used a solicitor for all this and paid through my nose,really gutted he did not ask for my masters degree now telling me lies that he asked me

[FaeLLe]

If you have a UK taught university degree then appeal for the decision (dont have to pay fees again) and get your lawyer to appeal for free because they have erred on their part for not asking for your degree (which meets english language requirements) and submit that.

[sagareva]

[quote="oliky"]Same thing just happened to me today, am really gutted because i used a solicitor and he too could not spot this and also because i have a masters degree from a UK university. Feel really bad because i had used a solicitor for all this and paid through my nose,really gutted he did not ask for my masters degree now telling me lies that he asked me[/quote]


oliky in your case i frankly think it was professional malpractice on your solicitor's part, and at the very least he or she owes you fees for a new application

i read about your case in a different thread and my heart really goes out to you

it is VERY common knowledge that although certificates can be reused, actual requirement for settlement is higher than for initial entry as a spouse. and also, that a UK degree is always preferable to any other method of proving english ability. I dfon't know what sort of solicitor you have to be to not know that.

[sagareva]

[quote="FaeLLe"]If you have a UK taught university degree then appeal for the decision (dont have to pay fees again) and get your lawyer to appeal for free because they have erred on their part for not asking for your degree (which meets english language requirements) and submit that.[/quote]

she has no right of appeal, since she has current leave to remain

the only recourse is to JR which in itself is more troublesome and expensive than a new application which will 99% be granted, any judge who sees application for leave to apply for JR on these grounds will just laugh

i say just get your solicitor to pay new fee as compensation, write formally to them and threaten to/ or just complain to the law society, ILPA and whatever else you can think of

peopel like this shouldn't practice

and certainly do NOT engage them for any more applications

[Mainatsayi]

Please can I just clarify on my case I am a bit confused, My current leave ends on the 27th of June, I was given a further 24 months .....can I re-apply for my ILR anytime e.g even after 27 June or will I have to wait until the end of the 24 months again?

[sagareva]

[quote="Mainatsayi"]Please can I just clarify on my case I am a bit confused, My current leave ends on the 27th of June, I was given a further 24 months .....can I re-apply for my ILR anytime e.g even after 27 June or will I have to wait until the end of the 24 months again?[/quote]

anytime, of course
even tomorrow

[Mainatsayi]

Just an update to advise I was finally granted my ILR at Croydon today ...Appointment was at 8:40 was out by 10:30... Thank you all.

I wrote a cover letter explaining why I was reapplying just to clarify everything.