ILR - spouse visa (5 year route) refused on the basis on life in UK test

[Akz82]

Hi I came to UK in June 2013 and I have obtained FLR in UK and After completion of my 5 years in UK before the expiry of my FLR i applied for ILR but I didn’t passed my life in UK test neither my English Language test.
I have received a letter from home office by refusing to grand me ILR. However, they have advices me to apple for limited time to remain visa by paying NHS surcharge. I didn’t have any option so I paid for the NHS surcharge and hoping the my 30 month Visa will arrive soon.
My question is will I be able to apply as soon as I pass the life in UK test and English language test or do I have to wait for this new visa to expire?
Second question, will I get the partial refund of the amount paid for ILR??
Help please

Thanks in advance

[CR001]

You won't get a refund of the ILR as the application was refused.

Why did you apply for ilr when you did not meet the requirements?? You should have applied for an extension instead.

[bluebird12]

Yes you can apply for ILR any time once you have passed your approved English language test and life in UK test and you do meet other financial requirements etc if you have already completed 5 years on Spouse leave to remain in UK .