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JGM, Solicitor
Category: Immigration Law
Satisfied Customers: 12078
Experience:  30 years as a practising solicitor.
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Hallo. I have an urgent query regarding a british passport

Customer Question

Hallo. I have an urgent query regarding a british passport application being rejected.
I am a Kenyan passport holder married to a british citizen and have an indefinite leave to remain in the UK and I have been living here since 2010.
My visa application got rejected on the grounds that I do not meet the 'Knowledge of English' requirement.
1) I have done Life in the UK test, which is only examined in English
2) I just completed studying ACCA end of last year and am a qualified accountant, which is also only taught in English, not to mention ACCA is an registered member of 'Ofqual': Reg no. RN5113. On the application form I had a choice besides a ESOL test, the 'Ofqual' professional qualification which is what I chose and ACCA is a recognised member of this 'Ofqal' but my application still got rejected and I lose out on nearly £1200.
3) I have done GSCEs in high school albeit in Kenya and have an 'A' in English to show for it: But GSCE is the same curriculum set by London EdExcel.
4) Kenya used to be under the British rule until 1963 and English is the main language used there. All the education is provided in English right from kindergarten all the way through to university. So of my 30 year life I have studied in English for 25 of them.
5) I have been working full time in the UK since September of 2010 at a chartered accountants practice preparing accounts. Surely that is a job I cannot hold with lack of
Please help.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  JGM replied 2 years ago.
Can you let me have the wording of the decision to refuse you the visa please and in particular what they said about the KoE requirement.
Customer: replied 2 years ago.

They said .."we have received your reply to our request but we cannot be satisfied from the documents available that you meet the KOE requirement and your application is refused".
When they requested the said documents I replied to them with a letter pointing out the fact that :
1) I hold an ACCA qualification which is a recognized organization on the ofqual register (the register of regulated qualifications) - recognition no. RN5113. Also note ACCA is only taught and examined in English
2) I also attached my certificates as proof of the qualification.
3) I also mentioned that if they still required me to complete the SELT that they should return my biometric residence permit as I would require this for the test

Also note I have also done Life in the UK test, which is also only examined in English.

On the application form (form AN) I picked the option which says 'A test that is on the Ofqual register' (Sec 1.23) and ACCA is on that register.

Expert:  JGM replied 2 years ago.
Have they replied to that?
Customer: replied 2 years ago.

The rejection letter IS what they sent after they read this letter.

Expert:  JGM replied 2 years ago.
They're wrong to reject the application. You are more than qualified in English. Insist that they review the case immediately.
Customer: replied 2 years ago.

Why do you reckon a review could possibly lead to a different decision if they have completely ignored the fact that my ACCA qualification is a recognised body on the Ofqual register? Do you know if the same person who handled my case initially is going to be the one who reviews it? On what grounds and what should I write on the form? What if that is also rejected?

Do I have to send all the original documents back to them again with the reconsideration form?

Would they consider a review of their rejection if I do the SELT exam and send the certificate with the reconsideration? Or would that be considered as new additional information and not used to arrive at a decision to revoke the rejection?

Expert:  JGM replied 2 years ago.
I think that the person who examined your application was looking for the SELT without realising that in your case it should not be necessary. This has to be points out to them hence my feeling that an application for review, to highlight the information they have ignored, is the correct way to deal with this.
Customer: replied 2 years ago.

Ok fine, I did bring it to their attention. All of it, including ACCA qualification being a professional qualification being recognised globally, it being taught and examined only in English and separately the fact that ACCA is a recognised ofqual member, I even included the registration number and a print out from the Ofqual website. In addition to that, I sent my copy of the Life in the UK which is only examined in English. Therefore, I have specifically brought all the above points to their attention in the letter that I responded with to their request for more information on my KoE.

Since I have expressly already brought this to their attention and it did not help, is that really going to help this time round?

Expert:  JGM replied 2 years ago.
That's why you want the decision reviewed. The person who too, the decision hasn't done their job properly and in fact hasn't said what was wrong with the paperwork submitted.