ILR Refused due to English Language requirement

[maxinelinda]

I am writing this post on behalf of my friend who is on the 5 year spouse route. Unfortunately his application was refused as the English language certificate was only at A2 level. This was an unfortunate oversight on his part as he did not realise a higher level was required for ILR. He quickly acquired the B2 level however they have stated they cannot accept it as it was granted after the date of his application.

He meets the requirements for a further 30 months FLR and has hastily paid the NHS surcharge requested so that at least he has a right to stay in the country. What are his options?

1. Is there anything that prohibits him from making a new ILR application?
2. Is there anything that the caseworker should have done to allow him to obtain the qualification?

Many thanks in advance for any help

[nice111]

I guess your fiend again did a wrong one as B1 is required for ILR.

[aman90]

I am writing this post on behalf of my friend who is on the 5 year spouse route. Unfortunately his application was refused as the English language certificate was only at A2 level. This was an unfortunate oversight on his part as he did not realise a higher level was required for ILR. He quickly acquired the B2 level however they have stated they cannot accept it as it was granted after the date of his application.
Meaning he took the required test after the decision?

He meets the requirements for a further 30 months FLR and has hastily paid the NHS surcharge requested so that at least he has a right to stay in the country. What are his options?

1. Is there anything that prohibits him from making a new ILR application?
2. Is there anything that the caseworker should have done to allow him to obtain the qualification?

Many thanks in advance for any help

Now I don’t know what happens after he’s accepted the decision.. but I’m sure something small as this could have been fixed if he met all requirements.
I would definitely put in a reconsideration. The caseworker could have requested the correct one. It’s common for people to make silly mistakes. But losing so much money n time seems unfair.
If his ILR was refused only due to the English test.
than he could apply anytime again..

[maxinelinda]

Typo mistake - it was the B1 that he got. The caseworker told him that he had no right of appeal and there was nothing further that could be done for ILR. This was the only reason for refusal.

[bluebird12]

Hi nice 111 , B2 test higher than B1 so always acceptable...

If applicant still got existing LTR Valid he might apply for ILR again by paying again fee...

and also if he has been granted leave on basis of Spouse Leave to Remain on 5 years route (But not on 10 years family life route )..then he can apply again now with all documents and paying again fee

[vinny]

Apply again and subsequently request a refund.