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Advice needed! Applied with A1 certificate instead of B1!

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Motown
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Joined: Thu Jan 28, 2016 10:11 pm

Advice needed! Applied with A1 certificate instead of B1!

Post by Motown » Thu Jan 28, 2016 10:25 pm

I did not realise that I was required to upgrade my A1 English language test certuficate to B1 and mistakenly applied without sitting the test. I have just received a refusal letter and this was the only reason for refusal.

I tried to book the test so that I could write to the caseworker with proof that my English is sufficient but I am unable to take the test without my residence card or passport which the home office have in their possession. How can I get them to agree to send my passport back, allow me to take the test and keep my application for indefinite leave to remain open?

The only option they provide on the letter is to pay a £400 NHS surcharge and get a 2 year extension. I would then need to re-apply which will cost another £1500 - it was hard enough raising the first £1500! I am desperate for some valuable advice about what to do??

Thank you!

noajthan
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Location: UK

Re: Advice needed! Applied with A1 certificate instead of B1

Post by noajthan » Thu Jan 28, 2016 11:17 pm

Motown wrote:...I am unable to take the test without my residence card or passport which the home office have in their possession. How can I get them to agree to send my passport back, allow me to take the test and keep my application for indefinite leave to remain open?

The only option they provide on the letter is to pay a £400 NHS surcharge and get a 2 year extension. I would then need to re-apply which will cost another £1500 - it was hard enough raising the first £1500! I am desperate for some valuable advice about what to do??

Thank you!
Unfortunately, if HO plays hard ball with your documents, your only option may be the extension & to reapply some time in the future.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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CR001
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Re: Advice needed! Applied with A1 certificate instead of B1

Post by CR001 » Fri Jan 29, 2016 8:53 am

keep my application for indefinite leave to remain open
They won't do this. You have received a refusal, file closed.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

WR1
Senior Member
Posts: 764
Joined: Sat Jan 04, 2014 11:08 am

Re: Advice needed! Applied with A1 certificate instead of B1

Post by WR1 » Fri Jan 29, 2016 11:36 am

Motown wrote:I did not realise that I was required to upgrade my A1 English language test certuficate to B1 and mistakenly applied without sitting the test. I have just received a refusal letter and this was the only reason for refusal.

I tried to book the test so that I could write to the caseworker with proof that my English is sufficient but I am unable to take the test without my residence card or passport which the home office have in their possession. How can I get them to agree to send my passport back, allow me to take the test and keep my application for indefinite leave to remain open?

The only option they provide on the letter is to pay a £400 NHS surcharge and get a 2 year extension. I would then need to re-apply which will cost another £1500 - it was hard enough raising the first £1500! I am desperate for some valuable advice about what to do??

Thank you!
I can understand how you feel but the Home office will not be lenient in the matter and as far as they are concerned, you did not meet the criteria of obtaining ILR, hence the refusal (and case closed as the mod has pointed out). I can't see how you missed knowing English B1 was required as the application form makes clear of this requirement.

If your leave is expiring or expired, then the only choice left is to extend the leave and pay the NHS surcharge, get the English B1 from the SELT done and re-apply.

Try to do so soon as the proposed fee in April for ILR is shooting up again to £1825.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

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