just been refused grant leave to remain help me please

[Howerd]

On the questions about posting and postdate etc.......

This page tells you how to assess the date that an application has been made on a specified application form.

The date of application or variation is either:
• the date of posting for postal applications, or
• the date a public enquiry office accepts the application, if it is made in person, or
• the date it is delivered to the UK Border Agency if it is sent by courier.

You must accept the postmark as evidence of the date of posting. If the application’s envelope is missing, or if the postmark is illegible, you must take the date of posting to be at least one day before it is received.
You must take the date of processing on the payment contractor’s stream sheet as the date that the application was received. If there is accompanying correspondence that matches the likely date of posting, you must take this date as the application date. If you are unsure, you must accept the date that is most favorable to the applicant.

If an application, or variation, has previously been rejected as invalid under the Immigration Rules, and the applicant resubmits an application that fully meets the requirements of paragraph 34A, you must take the date of application, or variation, as the date that the valid application form is resubmitted. The guidance above tells you how to determine the date of application.
You must make sure that the UK Border Agency has kept the fee before you confirm that it is valid.
An application or variation can only be valid once all the requirements of paragraph 34A of the rules are met.
If you decide to reverse a previous decision to treat an application as invalid and treat it as a valid application, you must take the application date as the date which the application was originally made.

Source:-http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/other-categories/forms-and-processes/specified-forms-procedures.pdf?view=Binary

There is no possible appeal, irrespective of the date when the application was made as the applicant must pass the A1 test (or demonstrate she is exempt) in order for an FLR application to succeed. The applicant has not passed the test and has not, presumbably, demonstrated to the UKBA that she is exempt from the test.

I think one possible route is to remain in the UK, apply for FLR(M), on the grounds that the A1 test will be taken with X weeks, pass the A1 test, then submit new ILR application.

Failing that, it may be necessary to leave the country, take the A1 test outside the UK, then re-apply for FLR. In that case, however, it may be necessary to spend a further two years on FLR before applying for ILR again.

The OP's wife really does need to seek proper help from an immigration solicitor or recognised (OISC-registered) immigration specialist, to ensure that the proper procedure is now followed, since any futher errors could only be to her detriment.

[Terpe]

But it is really quite irrelevant to this situation. In order to make a valid application for FLR she should have taken the A1 test beforehand.

Howerd,
There is no such thing as irrelevant when 'brainstorming' we're all just trying hard to help out.

I realise that the application becomes refused as invalid due to no A1 test. The importance of the information is, hopefully twofold:-
1. It might be helpful in a determination of when the clock starts for overstay etc
2. It might be useful information for others

Anyway, Howerd thanks for following the thread and making inputs.

[joebloggs]

There is no possible appeal, irrespective of the date when the application was made as the applicant must pass the A1 test (or demonstrate she is exempt) in order for an FLR application to succeed. The applicant has not passed the test and has not, presumbably, demonstrated to the UKBA that she is exempt from the test.

I think one possible route is to remain in the UK, apply for FLR(M), on the grounds that the A1 test will be taken with X weeks, pass the A1 test, then submit new ILR application.

Failing that, it may be necessary to leave the country, take the A1 test outside the UK, then re-apply for FLR. In that case, however, it may be necessary to spend a further two years on FLR before applying for ILR again.

The OP's wife really does need to seek proper help from an immigration solicitor or recognised (OISC-registered) immigration specialist, to ensure that the proper procedure is now followed, since any futher errors could only be to her detriment.

i think there will be a number of people who are caught out in the uk, who were not aware of the requirement until they started to fill the FLR form in, or they didn't have enough time to take and pass the test b4 their visa expires, so there must be some flexibility for these people, I am sure the HO must have some procedure to deal with this short term problem (which should no longer exist in a few more months for those in the uk already as everyone who comes to the uk from nov 29 needs to have passed the test to come to the uk)

i think it is important when it was posted, becuause if it was before the 1st of jan, she would have a right to appeal ( yes she has not pass the A1 test) but if she could appeal while the appeal was been processed she would not have been seen as an overstayer, giving her some time to take and pass the A1 test, and submit another FLR(m) app.

she cannot apply for FLR outside the uk, also she doesnt have any leave to remain to further extend, she would have to apply for another settlement visa from the phils

[keithAngel]

i think there will be a number of people who are caught out in the uk, who were not aware of the requirement until they started to fill the FLR form in, or they didn't have enough time to take and pass the test b4 their visa expires, so there must be some flexibility for these people, I am sure the HO must have some procedure to deal with this short term problem (which should no longer exist in a few more months for those in the uk already as everyone who comes to the uk from nov 29 needs to have passed the test to come to the uk)

i think it is important when it was posted, becuause if it was before the 1st of jan, she would have a right to appeal ( yes she has not pass the A1 test) but if she could appeal while the appeal was been processed she would not have been seen as an overstayer, giving her some time to take and pass the A1 test, and submit another FLR(m) app.

she cannot apply for FLR outside the uk, also she doesnt have any leave to remain to further extend, she would have to apply for another settlement visa from the phils

I perhaps mistakenly thought fiance visas did not require the A1

If so you might do better now to get that even on a fiance visa