ILR Refused - Life in UK Test?

Hello,

I was refused ILR because I didn't do a Life in the UK test.  To my amazement, I thought you don't do this test until you apply for citizenship?

Nowhere did it say during the application that I needed to do this either.  I am amazed to be honest that I didn't know this, nor that it was clearly stated anywhere when doing my research (even after looking on this forum for 'ILR document checklist' threads).

They said they are now treating my application as 'limited leave to remain' and they said I would be granted this as long as I pay the NHS surcharge within 10 days.  Does this mean I am getting another FLR now?  Or is limited leave to remain basically like you first started at the very beginning? Do I literally have to start over now (i.e. Limited leave to remain - FLR - ILR)?

I applied as a spouse if that makes any difference.

Thank you.

Sorry about your refusal .

Unfortunately the Life in the UK test is an absolute requirement for both ILR and citizenship, and has been for a number of years.

You can take the Life in the U.K. test at any time in the 5 years before applying for ILR, but it MUST be passed in order to qualify for ILR.

You will now need pay the IHS surcharge for a 2.5-year FLR(M) and then once you have been granted it and you have taken and passed the Life in the U.K. test, you can apply for ILR again as soon as you are ready.

It explicitly states here that you need to have passed the Life in the U.K. test before applying for ILR:
https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-a-british-citizen/no/partner/you-re-still-with-your-partner

From that page:
Knowledge of language and life

If you’re 18 to 64 years old when you apply you must also:

- pass the Life in the UK Test
- meet the English language requirements




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Hello,

I was refused ILR because I didn't do a Life in the UK test.  To my amazement, I thought you don't do this test until you apply for citizenship?

Nowhere did it say during the application that I needed to do this either.  I am amazed to be honest that I didn't know this, nor that it was clearly stated anywhere when doing my research (even after looking on this forum for 'ILR document checklist' threads).

They said they are now treating my application for 'limited would be approved for 'limited leave to remain' for 30 months if I was to apply for it, but have to pay an NHS surcharge immediately.  I assume they are saying I would be approved for another FLR? 

My question is that if I apply for FLR again, do I still  get to apply for ILR after 2.5 years? Or are they going to chuck me out after that?

I applied as a spouse if that makes any difference.

Thank you.

The life in the uk test is a requirement for ILR. When does your current leave to remain expire?

hi Ksand -  I updated the thread.  they said they are going to give me LIMITED LEAVE TO REMAIN according to paragraph D-ILRP.1.2.  Does this mean FLR?

Larra - its already expired, but as long as I pay the NHS surcharge within 10 days i'm fine.

I just want to know if they are giving me FLR again or am I starting over at the very beginning?

hi Ksand -  I updated the thread.  they said they are going to give me LIMITED LEAVE TO REMAIN.  Does this mean FLR?

Larra - its already expired, but as long as I pay the NHS surcharge within 10 days i'm fine.

I just want to know if they are giving me FLR again or am I starting over at the very beginning?

That's a shame, I hoped there might have been time to sit the test and re-apply without having to take the hit for the IHS.
Ksand is correct. You have been given a FLR. Once you have passed your life in the UK test, you can then apply again right away for ILR.

It's an unfortunate situation but you are definitely not starting from the beginning again. 

Thank you Larra.

I am a bit concerned - this is what they said which is confusing me - why are they saying 'you would also meet the requirements for FLR'  and then afterwards say you will be granted limited leave to remain?


"We are satisfied that you would meet the requirements of GEN 1.15(b) you would also meet the requirements to be granted further leave to remain as the partner for a period not exceeding 30 months under paragraph D-ILRP.1.2 (5-year route).  Once you have paid the NHS surcharge, your application will be treated as a valid application for limited leave to remain and you will be granted 30 months limited leave to remain in the UK."

Thank you Larra.

I am a bit concerned - this is what they said which is confusing me - why are they saying 'you would also meet the requirements for FLR'  and then afterwards say you will be granted limited leave to remain?


"We are satisfied that you would meet the requirements of GEN 1.15(b) you would also meet the requirements to be granted further leave to remain as the partner for a period not exceeding 30 months under paragraph D-ILRP.1.2 (5-year route).  Once you have paid the NHS surcharge, your application will be treated as a valid application for limited leave to remain and you will be granted 30 months limited leave to remain in the UK."

FLR is limited leave to remain, (in this case for 30 months).. as opposed to indefinite leave  to remain.

ok many thanks!

Do I really get to apply for ILR straight away once I pass the test (i.e. not wait 30 months)? They didn't indicate anywhere on the letter. Is there anyway I can verify this with them?

Limited leave to remain is just the type of visa you are being given... the name of that limited visa is FLR.

Limited just means it has an expiry date... (i.e. FLR), rather than being Indefinite (ILR).


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ok many thanks!

Do I really get to apply for ILR straight away once I pass the test (i.e. not wait 30 months)? They didn't indicate anywhere on the letter. Is there anyway I can verify this with them?

Yes, you can apply at any time during the 2.5 years of the FLR(M)... as long as you meet the requirements and have passed the Life in the U.K. test.

You are simply being given a 2.5-year extension of your current visa in order to allow you to take the Life in the U.K. test, because you could not be granted ILR without it. As soon as you have passed the test, you will be eligible to apply for ILR again.


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ok many thanks!

Do I really get to apply for ILR straight away once I pass the test (i.e. not wait 30 months)? They didn't indicate anywhere on the letter. Is there anyway I can verify this with them?

You really can. If you look at the qualifications required for applying for ILR, all you were missing was your life in the UK test so as soon as you have passed and assuming you still meet the other criteria, you can apply again right away... (or after a couple of days as they need that length of time for your pass to register in the system but it explains that on the website)

I know you are worried about this (it's always smart to question everything where UKVI are concerned) but we see this situation every so often and we know that this is what happens.   

thank you both for your very quick replies - you are amazing people.

Ksand - I still remember when you helped me 5 years ago with my entry visa