ILR Application Refusal for my wife on the basis of English language

[sheikhatherali]

Hi All,

My wife applied for ILR couple of months back, as she has completed 5 year on Tier 1 dependent visa.

We just got a letter of refusal from Home office mentioning that the ILR application is refused under Paragraph 319E (g) of the Immigration Rules with reference to Appendix KoLL.

my wife appeared in IELTS exam back in 2014 and used the result of the exam in her entry clearance to UK application in 2014, Gov website (https://www.gov.uk/english-language/app ... ifications) clearly mentions that

Applying to settle in the UK
You can use a B1 level qualification that’s run out if both of the following are true:

- it’s on the current list of recognised tests
- it was accepted for another UK immigration application, for example when you got permission to enter

We did mention all the details in cover letter, that she appeared in the exam in 2014 and used it in the permission to enter UK application hence the IELTs results of 2014 should be considered.

I'm about to file the administrative review but before that, i though to discuss it here, for any directions suggestions.

Thanks in advance.

[CR001]

Tier 1 dependents were not and still are not required to meet the English requirement for their visas (entry clearance and extensions). So she has not used her test for an immigration application previously, regardless if it was submitted, as the rules did not require it and it would have been disregarded before.