ILR Esol Certificate not accepted by Home Office

ronaldo9r9 · Post by **ronaldo9r9** » Wed Jul 28, 2010 1:54 pm

Hi,
I last year 26 July 2009 applied for my spouse ILR. In 21st July 2010 I have received a letter saying ESOL certificate we sent as support document they do not accept because its not proscribed by uk immigration law. They have given us a month to reply by providing a life in the uk test pass or with Esol certificate. It's shocking after a year wait they have replied back and need further proof. Time frame is too short for my wife to do esol or life in the uk test. HO still have my wifes passport how r they expecting to pass either life in the uk or esol. I am asked for id in form of passport. If I request a passport back they might refuse completely. I don't know what to do. I might ask for extension for two years but her visa has expired on 8 august 2009. What can I do please advise?

rajkumar121 · Post by **rajkumar121** » Wed Jul 28, 2010 1:59 pm

ronaldo9r9 wrote:Hi,
I last year 26 July 2009 applied for my spouse ILR. In 21st July 2010 I have received a letter saying ESOL certificate we sent as support document they do not accept because its not proscribed by uk immigration law. They have given us a month to reply by providing a life in the uk test pass or with Esol certificate. It's shocking after a year wait they have replied back and need further proof. Time frame is too short for my wife to do esol or life in the uk test. HO still have my wifes passport how r they expecting to pass either life in the uk or esol. I am asked for id in form of passport. If I request a passport back they might refuse completely. I don't know what to do. I might ask for extension for two years but her visa has expired on 8 august 2009. What can I do please advise?

If she have a driving even provisional licence should be ok. you could ask them to extend the FLR(m) and do the exam and re apply. If the school is not on HO list they wont accept the Esol certificate

ronaldo9r9 · Post by **ronaldo9r9** » Wed Jul 28, 2010 2:14 pm

Thanks for quick reply. She does not have provisional driving licence. My wife has attended and completed esol course In Nottingham in 01 July 2009 due to 5 months pregnancy she could do the test for esol. Time was running out we saw advertisements on tv that uk citizens centre in rochdale had test dates on 21st of July 09 so she took the test and passed and was given certificate by Lincoln group of colleges in Manchester. If I apply for further leave to remain I am on child benefit and child tax credit will that be a problem?

kiwigirl25 · Post by **kiwigirl25** » Wed Jul 28, 2010 4:20 pm

That particular college has been suspended since mid-2009 hence the reason the certificate was not excepted.

I don't understand why a month is to short to sit the Life in UK Test. I personally think that is an acceptable length of time. Find an acceptable test centre and start study asap. I book my test, brought the official guidebook and sat the test all within a week... and passed. But you must have your reasons.

Also why did you wait so long without chasing your ILR application? Spousal applicants should on average take 5-6 weeks not a year. Yet again you must have your reasons.

ronaldo9r9 · Post by **ronaldo9r9** » Wed Jul 28, 2010 4:48 pm

thanks for reply kiwigirl25

The reason i say month is too short because Home office have not sent the passport back my wife has already given two life in the UK test before she sent an application for ILR, which she has not passed but at the same time she was attended ESOL classes at local community in nottingham. I rang Life in the Uk centre to book an appointment today they are saying my wife has to bring passport as proof of ID because she does not have any other ID. If she cannot do Life In The UK earliest she can do ESOL course is Sept when colleges are open again.

What I am trying to say if i request a passport back won't they refuse application? My wife has to request passport back if thats possible and then do either Life in the uk test or esol course.

I rang some many Times on 0870 606 7766 Uk Border Agency every time i spoke to them they said my wife has to wait for the decision from caseworker.

i am trying to go through solicitors who will write the letter to HO saying that she needs extra time without refusing the application if not i will have to apply for FLR.

Does Child benefit or child tax dredit affect FLR application?

kiwigirl25 · Post by **kiwigirl25** » Wed Jul 28, 2010 6:52 pm

Sorry, you did say in your original post about the passport.

They will take that as withdrawing her application if you request the passport back. Does she have any form of photographic id that has expired? They will accept an old passport if it is her true likeness in the photo. There must be an alternative for those without photo id.

Child benefit shouldn't affect your FLR application.

ronaldo9r9 · Post by **ronaldo9r9** » Thu Jul 29, 2010 11:00 am

Other than passport my wife does not have photographic id. That's why we need the passport back.

ronaldo9r9 · Post by **ronaldo9r9** » Wed Sep 01, 2010 5:05 pm

ronaldo9r9 wrote:Other than passport my wife does not have photographic id. That's why we need the passport back.

My wife finally received her passport back with ILR stamp. Problem now is homeoffice have two ILR stamp one for my wife and another complete random person on same passport. But this random person has cancelled stamp on it. I think it was done in error by homeoffice. If my wife travels to another with this passport with two different stamps it will cause problem. What can I do? I do not want to send passport back again because they might take Another year to respond. Please advice.

Kitty · Post by **Kitty** » Wed Sep 01, 2010 10:03 pm

Do you mean that there are two separate ILR Residence Permit stickers in your wife's passport? One with her details on and one makred "cancelled" with someone else's?

As long as the uncancelled one is hers then I would think that would be ok.

If you are concerned, I suggest that you write to the UKBA at the address that was on whatever covering letter came with her passport when it was returned. Send a photocopy of her passport, including the "cancelled" permit page and ask for written confirmation that the UKBA made an error which has been rectified by cancelling the extra permit.

I had a similar error recently: Residence Permit for ILR issued on a free-standing Immigration Status Document (ISD). The ISD was for a completely different person! They actually turned round the correction within about 2 weeks when the error was pointed out to them.

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ILR Esol Certificate not accepted by Home Office

ILR Esol Certificate not accepted by Home Office

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