ILR refused on basis of ESOL entry level 1

[mukh]

I have applied my wife ILR on 30th Dec at Sheffield office but unfortunately visa has been rejected (under paragraph 319E of the immigration rule). My wife passed ESOL entry 1 (A1) which she was told at the college that she need that certificate for her visa but that was not the case as home office requires B1 (entry level 3) or above. I also did not pay that attention that there are several types of ESOL certificates, in short visa has been rejected and no right of appeal has been given under section 82 (act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the united kingdom and so is entitled to stay here, as her current leave to remain valid until 10-01-2016.

I would like to know if we can appeal against this and say something that we did not understand the difference between types of ESOL levels as it’s not quite clear even on the form SET (M) at page 15 (An ESOL qualification at Entry Level 3, Level 1 or Level 2, that includes speaking and listening which has been regulated by the Office of Qualifications and Examinations Regulation (Ofqual). It must be listed as an ESOL qualification on the Ofqual Register and taken in England, Wales or Northern Ireland;)
When i read above on the form (ESOL level 1) i thought she has the correct level of English requirement but unfortunately that was not the case.
Please advise is there any chance doing appeal or writing them a letter to ask for refund the fee or its just waste of time,

[Zee ali]

I have applied my wife ILR on 30th Dec at Sheffield office but unfortunately visa has been rejected (under paragraph 319E of the immigration rule). My wife passed ESOL entry 1 (A1) which she was told at the college that she need that certificate for her visa but that was not the case as home office requires B1 (entry level 3) or above. I also did not pay that attention that there are several types of ESOL certificates, in short visa has been rejected and no right of appeal has been given under section 82 (act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the united kingdom and so is entitled to stay here, as her current leave to remain valid until 10-01-2016.

I would like to know if we can appeal against this and say something that we did not understand the difference between types of ESOL levels as it’s not quite clear even on the form SET (M) at page 15 (An ESOL qualification at Entry Level 3, Level 1 or Level 2, that includes speaking and listening which has been regulated by the Office of Qualifications and Examinations Regulation (Ofqual). It must be listed as an ESOL qualification on the Ofqual Register and taken in England, Wales or Northern Ireland;)
When i read above on the form (ESOL level 1) i thought she has the correct level of English requirement but unfortunately that was not the case.
Please advise is there any chance doing appeal or writing them a letter to ask for refund the fee or its just waste of time,

Just apply again dont waste time

Keep in mind that from 6 april 2015 only ielts and Trinity college (only specified centers mentioned in UKVI website) is acceptable for visa purposes. if u give the exams on or after 6 april 2015. Check HO website

[WR1]

I have applied my wife ILR on 30th Dec at Sheffield office but unfortunately visa has been rejected (under paragraph 319E of the immigration rule). My wife passed ESOL entry 1 (A1) which she was told at the college that she need that certificate for her visa but that was not the case as home office requires B1 (entry level 3) or above. I also did not pay that attention that there are several types of ESOL certificates, in short visa has been rejected and no right of appeal has been given under section 82 (act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the united kingdom and so is entitled to stay here, as her current leave to remain valid until 10-01-2016.

I would like to know if we can appeal against this and say something that we did not understand the difference between types of ESOL levels as it’s not quite clear even on the form SET (M) at page 15 (An ESOL qualification at Entry Level 3, Level 1 or Level 2, that includes speaking and listening which has been regulated by the Office of Qualifications and Examinations Regulation (Ofqual). It must be listed as an ESOL qualification on the Ofqual Register and taken in England, Wales or Northern Ireland;)
When i read above on the form (ESOL level 1) i thought she has the correct level of English requirement but unfortunately that was not the case.
Please advise is there any chance doing appeal or writing them a letter to ask for refund the fee or its just waste of time,

Sorry to hear about your rejection.

The form SET(M) as you state is clear about the English requirements (ESOL Entry level 3, Level 1 or Level 2 and your wife had Entry Level 1). It is always best to seek advice before applying if you are unsure about anything and we are all here to help for forum members. Unfortunately, its a little late in your case but the Home Office will not overturn the decision as your wife didn't meet the English requirements and they are quite strict on that.

Was the college made aware that the English requirement was for ILR requirements and not a visa application, as for visa applications you only need level A1 of the CEFR which is what the college may have been referring to. If the college was aware it was for ILR, then they have provided you with incorrect information.

As you are given no rights of appeal, it would best to re-apply.

Please do see the new English requirements as mentioned that comes into effect from 6 April 2015 as well as the old English list (known as transitional list) which is still valid until 5 November 2015 IF taken before 6 April 2015:

https://www.gov.uk/government/publicati ... uage-tests

For ILR, English at B1 of the CEFR is required.