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Have you got BRP on 5 years of route? Haven't you passed yet A2/B1?Frz540 wrote: ↑Thu May 16, 2019 11:28 amHi,
No problem, I'm glad to help.
And yes, very disappointed with the lack of responses here myself. Though can't complain, it's just a forum, so any replies we get is grace.
I never sent any original documents to the Home Office when asking them for reconsideration. They were all copied by my solicitor and sent with the Pre-Action Protocol, which is just summarizing your case, pointing out their mistake in the online form and how it mislead you, showing them new English Language Test, B1 in your case, and saying that you had no trouble passing the correct level of English if only the online form was clear in asking you to do so, and then threatening them with the second phase of the appeal, which is a formal appeal in the court, which apparently would cost them a lot more. And thats why they are quick to respond to you, when threatened, by a law firm.
You don't have to send any originals, if anything, perhaps the original B1 Certificate, but nothing else from the original application documentary evidence, this is not like re-applying, they just need to be shown evidence relating to this matter in particular, the English Question. Send them copies of their refusal letters, that shows your case ID or reference number, send them screenshots of the online question and how it misleads you, send them the original filled-in visa application print-out that you had sent with your original application and point-out where the english questions appear and how you answered, send them the checklist that it generated where there was no mention of any level of English in particular to guide you.
Especially the fact that nowhere while filling in the online form does it ever ask you to refer to the guidance notes. The online form is an interactive one, from the very beginning it takes it upon itself, by first asking questions about your situation and visa needs, and then morphing itself into presenting questions and asking for evidence only that are needed for you personally. And it fails to do that when it comes to the English question. It keeps guiding you all along, obtaining your complete trust and then suddenly asks for the wrong evidence and deceives you entirely, leaving your whole application poised for rejection.
Your solicitor needs to mention all these points to make the case for you.
And of course by saying send them I mean take all these to your solicitor, show him/her all these documents and say how you were mislead, the solicitor will then prepare the case, arrange all these documents and then write the Protocol him/herself with the appropriate wording explaining everything about the case to the Home Office and threatening with the next phase.
The solicitors will charge you but keep the receipts safe and you can later on complain to Home Office and ask for it back.I don't know if they will pay it back to you because mine is still in process, but I think they should because they have admitted their mistake and frankly we've already paid almost a £1000 for the application, why should we then also pay for their mistakes? If they don't pay I will seek to take it further somehow, so let's see.
When the Home Office replies within those 14 days in response to that Pre-Action Protocol they say we have decided to reconsider your case, they don't say specifically that they will change it at that time. But that just means they would. They give you 3 months to wait while they 'reconsider'.
I got my corrected decision letter after waiting for about 2 and a half months. This letter needs to be kept safe for your future applications, if any.
They said my current BRP, which I had kept with me, remains valid and does not need to be changed.
So you should be able to keep everything and even travel because you will not need to attend any interviews or hearings as such.
But do go over all this with your solicitor and see what they say.
All the best.
mrshh wrote: ↑Fri May 17, 2019 12:38 pmThanks again for the detailed input. It has boosted my confidence to rightfully get my visa extension. I totally agree with you, we should not be paying for their mistakes.
All the points mentioned are very informative and I'm sure will be useful in building my case and many others.
I hope that the Home Office will refund all the extra fees you have incurred.
Cheers
how did you get on with your appeal if you don't mind me asking? I'm in the same boat with my spouse's visa.mrshh wrote: ↑Sun May 19, 2019 10:05 amYes, I have already appealed and previously sent the completed application form as evidence but now that they have changed the online form, I don’t think it is enough. The answered part still looks the same when I try to print the answers.
Luckily you saved a screenshot of the online application form before the change was made.
I will submit it as additional evidence and possibly involve an MP.
I have already complained to Home Office too.
As the IHS fees have doubled when I applied (paid £1000 instead of the previous £500), we find it too much to have to spend on solicitor fees now.
In my case, my visa extension was rejected and was not switched to the 10 yr route as we don’t have kids yet.