
Originally Posted by
Howerd
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.