just been refused grant leave to remain help me please

[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