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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Me and my eight-years old ILR application SET (M) has been

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Me and my eight-years old ILR application SET (M) has been refused. I submitted ESOL A1 for my KoLL (B1) was required. I fall under 2 years stay period. But the refusal letter says I don't meet the requirement. The letter also doubts my relationship with my wife and future commitments. Worst of all the letter goes to suggest that we return to our country of origin. We are currently on a settlement visa through spouse. Is there any way I can get an ILR based on our last application? Provided I submit my B1 certificate after taking a test. I don't have right to appeal.

Hi, thank you for your question, I will be happy to help you today.
When was the application refused?
Kind regards
Customer: replied 3 years ago.

The refusal letter is dated 29th December 2014. Please don't get me wrong but will I end up paying you more money? £38 is paid already. Cheers

Thank you for your reply.
Firstly no you should not end up paying more than you have stated.
Yes provided you submit an application for ILR within 28 days from the date of application you can ask the home office to exercise discretion and grant you indefinite leave to remain. The issue that you will need to do more than just provide evidence of the English language, the fact that they have also questioned your relationship with your partner also needs to be addressed, maybe an affidavit from your partner or letters from family and friends confirming your relationship and evidencing that you have been residing together will assist.
Of course the face that you have been refused your indefinite leave to remain and have become and overstayer means that you have left yourself at the mercy of the home office and if they decide not to grant you indefinite leave to and refuse your application all together without granting you any type of visa then it would be very difficult to obtain any type of visa from the uk.
Therefore in this application you may wish to state reasons why you are unable to return to your home country and submit an application. You can state reasons such as your child's schooling, circumstances back home, unable to maintain yourself there.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 3 years ago.

Well I still have settlement visa valid till Nov. 14 2015. That was the reason I was not given right to appeal. Me my wife and my 8-year old son have been living together in the same address since our arrival to the UK from 1st August 2012. Marriage certificate and letters posted our address were submitted. The home office kindly, should have asked to provide the B1 certificate in place of my A1 certificate. The implication of not submitting one document, I feel, was too harsh. I fulfill the 2 year stay period as my first settlement visa was granted in August 2011. Me and my wife who is a British citizen are employed full time, sharing equally for upbringing our son. I don't have right to appeal as I mentioned earlier, the reasons they have stated for refusing me ILR are baseless except for the part where I did not provide a B1 English language certificate. So whom shall I tell that what they have mentioned in the letter are false and why do they have to make suggestion that we go back to our country of origin, we are not seeking for any benefits from the public fund. My son is doing well at school here, the letter even suggests he go back to our country of origin. I feel that's hitting below the belt. I ended up loosing £2180 for the application fee, that amount seems insignificant after being humilated that way after being granted a SETTLEMENT VISA. Thanks for your time and insight.

Thank you for your reply. Its a pleasure
I understand your frustration, but unfortunately, the fact remains that you did not submit the correct documents at the time of application, although the home office is under a duty to inform you if a document maybe missing, but in this case you submitted an A1 English Language test which meant that you did not submit the correct document. I believe this is why the immigration officer did not ask you for further documents.
In respect of the issues regarding you returning to your home country, this is something that is being mentioned not only in refusal letters but also at immigration Hearings, the fact the the home secretary has stated that she would rather not have immigrants in the UK , has meant that the home office has been given power to suggest alternatives to applicant's, in short, they would rather your wife return to your home country than to give you a visa (if you did not mean the requirements of the immigration rules).
In this case, it is a positive that you have a valid visa and the refusal has not changed your status in anyway. I would recommend that you apply again and this time with the correct English language test, you can then comment on the immigration officer's refusal in your new application and why you disagree with the reasons regarding your relationship with your wife stated within.
I hope this answers your question.
Kind regards
Customer: replied 3 years ago.

Many thanks for your reply. I guess I will do as you have suggested. So when I reapply I will have to pay £2180 again or will I get exempted?

Many thanks again.

Thank you for your reply.
Yes you will need to pay the fees again , unfortunately, you will not be exempt.
I hope this answers your question, if so please provide a rating so I can get credited for my time.
Kind regards
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