ILR refused, could UKBA have made a mistake?

[stressedman32]

Hi guys, I am really hoping some could give me some advise.

My wife got her marriage visa 2 years ago and I sent application for her ILR back in February/March 2010, after 3 to 4 months they replied saying that they did an investigation and the ESOL certificate was not acceptable because it was taken at a college that used the wrong methods of teaching.

They gave us approximately 6 weeks to do another course or do Life in the UK test. My wife completed another ESOL entry level course at a different Institution and got the Skills for Life Certificate just in time. They wanted it by the 18th of August, we sent the certificate on 16th as special delivery and I confirmed later (by royal mail and UKBA phone call) that they received it on the 17th.

We got the decision dated 19th of August that the ILR was refused however Limited Leave to remain was given with not right to appeal.

They stated this was because my wife didnt attain a relevant accredited qualification (as though they didnt receive the certificate). Is it possible that they did not take the new certificate in to consideration and could they change their mind if they made a mistake?

I sent a letter back explaining this requesting a more detailed explanation on the 25th of August (same day of receiving decision letter).

It has been more than 2 weeks since I confirmed by royal mail that they received this letter.

Will they acknowledge my letter and reply?
What should I do if they dont reply by the end of the 3rd week?
Is there anyway of speaking directly with the Officer in charge?

Any other advice anyone can give me will be appreciated, thanks.

[vinny]

Is there anyway of speaking directly with the Officer in charge?

Did the refusal letter contain the contact details of the caseworker?

[stressedman32]

No direct number was provided, just the usual 0845 number I think.

I was thinking maybe there was another method of gaining the contact details? Last time I spoke to them on that number they said I should write to the officer.

[Casa]

They may believe that six weeks wouldn't be sufficient time to progress from one level to the next on an ESOL Citizens content course and to pass the final examination from an approved board. Skills for Life courses don't necessarily cover the required Citizens material.
The approved courses generally take 1 year+.

[stressedman32]

Entry level only requires 30 hours of study. I would have thought they would have explained in the letter of decision that it wasnt sufficient time to attain such qualification?

What I didnt go in to detail about was that they originally only gave us a month to attain another certificate. I wrote to them explaining that we were unaware of the previous colleges shortcomings and that we have enrolled on a new course. We asked for more time to retrieve the certificate.

They replied by giving us another 2 weeks.

I should also note that they asked for atleast an Entry level Skills for life certificate or a Life in the Uk test pass certificate.

[Casa]

My husband's entry level course at the local Adult Education college was spread over 3 full terms, 2 evenings per week. The Cambridge exam board certificate alone took over 6 weeks to be issued.
Can you recall if your wife's 2nd pass certificate specifically mentioned Citizens content and did she also submit a letter from the college confirming this and that she had progressed to the next level? Both of these are mandatory.
The new regulations were introduced partly to eliminate students taking a 'quicky' course at a lower level than their language ability, which the UKBA considered was defeating the intention to show progression. In addition, unscrupulous bogus 'colleges' were offering crash courses for considerable money without covering the required Citizens syllabus.

[stressedman32]

The college attached a covering letter explaining that she took a credible course with relevant Citizenship content. It is a publicly funded college that is subject to inspection by Ofsted.

What is this new regulation you mention, and why did they not mention it in the letter?

They also dont explain if we can apply for ILR again in the neer future, she was given 3 years Limited Leave to remain.

If I could get some clear answers from them that this was the reason, then I can atleast approach the college and have them reimburse me for providing documents that not worth the paper they written on.

[Casa]

Does this from the UKBA website help?
There have been instances reported where migrants already close to attaining a particular ESOL level have taken a very short course giving them a qualification at that level but no higher. Such a course is of very little value to the applicant and does not assist the applicant in developing their understanding of English to aid their integration into the UK. The expectation in such cases is that the college will take a rigorous approach to the initial assessment and to placing students on appropriate courses. For applicants already very close to attaining ESOL Entry Level 1, the appropriate course is likely to be one leading to ESOL Entry Level 2. Similarly, those close to Entry Level 2 could be expected to undertake a course leading to a qualification at Entry Level 3. This approach will ensure that applicants obtain maximum benefit from their course of study and that the requirement to have made progression is met.
To show progress, applicants must show that:
their level of English was assessed before the course started; and
the qualification gained shows progression by at least one level.
To enable them to meet this requirement, in future those applying for settlement or naturalisation will be asked to provide a letter-headed document from the college, containing the official stamp or seal of the college. This should include the following details:
the student's name
the title of the qualification obtained
the name of the awarding body
confirmation that the course contained citizenship materials derived from the document entitled 'Citizenship Materials for ESOL Learners' produced by NIACE/LLU+
confirmation that the student was assessed at the beginning of the course by a suitably qualified teacher
the level at which the student was originally assessed
the level to which he or she has progressed
the duration of the course
how the college meets the definition of an accredited college.
In addition you should provide evidence of how your college fulfils the definition of an accredited college.

[stressedman32]

yes our covering letter follows that list to the T

[Casa]

Then I reckon you need to attempt to get the name of the caseworker and object to the decision.

[stressedman32]

When yo say case worker do you mean the person at UKBA that was in charge of my wifes case?

If that is the case I have the name, how do I go about doing that?

Send another letter? They havent replied to my last 1.

[shabz_81]

My wife has done the ESOL course from pre-entry level to Level 1. She has a pass certificate and covering letter to say she has progressed a level and attained level 1. Looking at the UKBA guidelines as posted above I'm starting to think whether she has done enough to meet the requirements. On the basis of settlement would she need to enrol for Level 2 ?

Thank You

[ILR_Queries]

Hi,

As far as i am aware, You can send additional letters on top of your reply.

Ensure that you send through Next Day Delivery, so that the call centre can confirm that your additional letter has been received by Home Office.

Its not too later and i reckon they would consider you letter for consideration.
So dont wait for their reply.

Kind Regards

[stressedman32]

Thanks for the advice guys, any Idea what i should say in the letter that I haven't said in previous letter?

[mcgrath]

Hi stressed man

If you are eligible to vote in the Uk you should consider writing to your mp stating the facts and include copies of all the letters you have sent since applying.They should write to the Home Office who have an obligation to answer your MP's question.

Don't let them mess you around...These guys sent me and my wife a letter stating that they had returned all my documents when they hadn't!!Wrote to my mp and a month later we have a ILR!

Good luck!

[stressedman32]

Wow thats quite interesting. How do I find out who my mp is?

[geriatrix]

They work for you
Write to them

regards

[stressedman32]

Thank you.