Flr(m) or Set(m) - please help very confusing

[vinny]

will also attach her original degree certificate

No.

Make copies of the completed form and all documents that support your appeal, keep the original documents and send copies with the completed form.

[geriatrix]

Thirdly considering giving one of the required tests too, is this necessary or is not required, also which will be quickest and easier to appear for i.e. IELTS etc?

That would be going OTT. Also, NARIC documents are unnecessary, if PBS calculator awards 10 points. Not required.

Like Viiny has indicated, these documents (in original) should only be produced at the hearing and not to be included when submitting the appeal.

[Bobby123456]

Thanks Vinny,

Guys, another complication - just reading the appeal letter it says date of service 25th july and last date for appeal 8th Aug, whilst letter was only received this morning and postman took the signature?

Please please advise.

[vinny]

What's the date of the postmark?

[Bobby123456]

No date on post mark on envelope although their is tracking number, just waiting for tracking to appear on royal mail website it says 'information on your item is not available' - what to do now should I send appeal form on Monday with cover letter mentioning that letter was only received today and showing proof of delivery?

[vinny]

Yes.

Try to include proof that you have just received it today.

[Amber]

If the PBS calculator does award 10 points for the qualification, there is no need for a letter of comparability from NARIC.

Moreover, statement of Comparability does not confirm that the qualification meets the requirement (CEFR level) and nor can a letter from college confirm that the degree was taught at the required CEFR level. If depending on NARIC reports, order both the statement of comparability and English language assessment (or perhaps just the latter).

AIUI, if PBS calcualtor does not award 10 points for the qualification it is (highly) unlikely that NARIC's English language assessment will confirm the qualification as meeting the required CEFR standard (English language section of PBS calculator is based on NARIC's database).

As per Information for applicants on the new English language requirement for partners (click) :

I have a degree/PhD but it is not included on the points based calculator.
Will you still accept it as evidence I meet the English requirement?
We can only accept Bachelor’s or Master’s degrees and PhDs that are
recognised by UK NARIC.
If your Bachelor’s or Master’s degree or PhD is recognised by UK NARIC
please submit evidence of your qualification as indicated above.
If you cannot find your Bachelor’s or Master’s degree or PhD on the pointsbased calculator, you may still be able to use it to meet the English
requirement. In these circumstances you should contact UK NARIC directly
for an assessment of the level of the qualification and, if UK NARIC confirms it
is of the required level, obtain a letter and/or confirmation certificate from UK
NARIC. You can find a link to the UK NARIC website below. It is an
independent website, for which we are not responsible. It may charge a fee for
confirming qualifications. http://www.naric.org.uk/
You can then supply this statement of compatibility from UK NARIC with your
application. However if UK NARIC cannot confirm the equivalence of your
qualification you will not be able to use it to meet the new English language
requirement.

AND

How do I meet the new requirement using my degree taught in English?
The applicant can meet the language requirement if they;
(A) have obtained an academic qualification (not a professional or vocational
qualification), which is deemed by UK NARIC (the National Recognition
Information Centre for the UK) to meet the recognised standard of a
Bachelor’s or Master’s degree or PhD in the UK, from an educational
establishment in one of the following countries: Antigua and Barbuda;
Australia; the Bahamas; Barbados; Belize; Dominica; Grenada; Guyana;
Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and
the Grenadines; Trinidad and Tobago; the UK; the USA; and provides the
specified documents; or
(B) have obtained an academic qualification (not a professional or vocational
qualification) which is deemed by UK NARIC to meet the recognised standard
of a Bachelor's or Master’s degree or PhD in the UK, and (1) provides the specified evidence to show he has the qualification, and
(2) UK NARIC has confirmed that the academic qualification was taught or
researched in English, or
(C). have obtained an academic qualification (not a professional or vocational
qualification) which is deemed by UK NARIC to meet the recognised standard
of a Bachelor's or Master’s degree or PhD in the UK, and provides the
specified evidence to show:
(1) s/he has the qualification, and
(2) that the qualification was taught or researched in English

Thus the statement of comparability is what is important along with evidence that the degree was taught in English.

However, if the necessary number of points are given on the PBS calculator then that should suffice along with proof of the degree being awarded.

[Bobby123456]

Hi D4109125, although I can order 'statement of comparability@ from NARIC, where do I get evidence that degree was taught in English? Original degree certificate is in English and so as marksheets?

[Amber]

Hi D4109125, although I can order 'statement of comparability@ from NARIC, where do I get evidence that degree was taught in English? Original degree certificate is in English and so as marksheets?

You should supply the evidence as detailed in the link above. "We can only accept Bachelor’s or Master’s degrees and PhDs that are recognised by UK NARIC" the easiest way to show this would be to supply both the comparability statement/print out of points calculator and the degree certificate.

[vinny]

Sushdmehta - I have used PBS calculator as if she will be taking new tier 2 job and calculator does give her 10 points for English based on her MSc degree from India, I can print this and attach to letter as suggested, will also attach her original degree certificate.

Is this sufficient then?

If the PBS calculator does award 10 points for the qualification, there is no need for a letter of comparability from NARIC.

However, if the necessary number of points are given on the PBS calculator then that should suffice along with proof of the degree being awarded.

[Bobby123456]

Is Oral Hearing recommended then? compared to Paper Hearing as NARIC documents will take time to arrive?

[Amber]

If you're going to do NARIC to be extra cautious, then do both assessments they should only take a week or two.

[geriatrix]

Why do you want to waste £50-£100.00 for something that is not required / completely unnecessary?

You can check this using the Points Based Calculator which can be located at the following UK Border Agency web address:
http://www.ukba.homeoffice.gov.uk/pointscalculator

The calculator contains information from UK NARIC as to which academic qualifications they deem to have been taught to the standard of a Bachelors or Master’s degree or PhD in the UK. When you start using the calculator input any answer you wish until you get to the page on ‘English language’. Then select:
- I have a qualification that was taught in English

On the following page ‘English language – qualifications’ enter the details of your qualification as requested including country of award; qualification; institution or body: course length, course subject and year of award.

If the PBS calculator does award 10 points for the qualification, there is no need for a letter of comparability from NARIC.

AIUI, if PBS calculator does not award 10 points for the qualification it is (highly) unlikely that NARIC's English language assessment will confirm the qualification as meeting the required CEFR standard (English language section of PBS calculator is based on NARIC's database).

That said, the choice is yours.

[Bobby123456]

Hi guys one more point, I was looking at firm SET(o) section 4 page number 10 on which I was granted ILR, so if my partner would have applied with me then they would have accepted LIUK certificate, however given that she applied on FLR(m) for same purpose and provided LIUK certificate it is not considered as valid however the lower grade tests are valid, doesn't make much sense, any thoughts ? should I include this as one of the arguments in appeal? Please advise

[vinny]

Perhaps. There's no harm in including that ground too. Apparently, a judge agreed with this member. However, the UKBA seemed to ignore the judgement.

Your argument may be that it's impossible to pass the Life in the UK test without exceeding the A1 requirements, consistent with

If you are an English speaker (see below) and/or you are currently in the UK as a skilled or highly skilled migrant, you must pass the 'Life in the UK test'.

A problem is that there are no speaking nor listening components measured. Your wife's degree is probably the best evidence.

[Bobby123456]

Thanks guys, is it worth mentioning Article 8 and Immigration Rules or just mention that it is impossible to pass LIUK test without having appropriate A qualifications?

[Bobby123456]

Hello Peps,

I will now be send ing appeal form tomorrow without any further delays, as deadline for appeal was 8th Aug however we only received refusal letter alongwith forms yesterday (will attach proof of delivery from Royal Mail - unfortunately staus is not live however I have ref no to include if they want to check)

I am planning to mention below 4 points, please correct as appropriate and suggest more professional terminology if possible and if someting is going OTT, all your responses have been very useful so far and if you can help with below it will be great help!

1. Wife already has Masters degree taught in English including transcripts (copies attached), also has bachelors taught in English (do I need to attach bachelors cert too???) - also will be sending NARIC reports at later date and before hearing date. In addition all education since childhood being done in English and English been the medium and first language.

2. If she was to apply for highly skilled job, she meets english lanuage requirement on UKBA points based calculator - please find attached screenshot of PBS calculator showing she gets full 10 points based on her qualification.

3. She have already passed LIUK test which would have been accepted if she would have applied as dependant on my ILR form (form SET(o) page 4, also to pass LIUK test one would need to be qulified to A1 level requirements, LIUK test also been one of the requirements for all skilled migrants to apply for settlement.

4. Will also be appearing for one of the tests specified by UKBA and will be presenting result certificate on later date and before hearing date (also attached is the copy of IELTS pass certificate obtained in 2009 ???)

Also what additional points can be mentioned in "statement of additional grounds" i.e. we as family are settled in UK now and are part of society and contribute effectively, going back and starting new life will cause distress especially with 19 months old daughter and huband being given ILR and have been in UK for 10 years.

Thanks

[Bobby123456]

Hi, my wife applied as dependent of settled person (me) and we incorrectly submitted
LIUK certificate rather than English exam certificate, so her and our 2 year old daughters FLRM was rejected, we appealed on the basis that she already has bachelors and masters degree recognised by NARIC, also in the mean time she applied for PET language test which she passed with distinction, we applied for paper hearing however have received letter saying we need to appear for oral hearing, when we queried this by calling, person answering phone said Judge sometimes overrules this and can ask for appellant to be present at hearing.
The question is - is this normal, do we need to worry?

Secondly on letter they have asked for witness statements, what would this be?

Thirdly they have asked for all supporting documents to be sent to tribunal and a set to UKBA Leeds office.

Statement of letter setting out immigration histories, comments about situation of the child and any other relevant information.

We have already submitted our appeal and documents months ago, do we still need to do above.

Please advise as confused, what sort of points we should be mentioning to make our case further stronger.

Thanks

[vinny]

See also Representation at Immigration Appeals.
Representing yourself in Court > Guide.

The prospects of a successful appeal increase where there is an oral hearing. It helps the tribunal to assess the evidence by hearing witnesses give evidence.

[Bobby123456]

Hi guys,

Hope you can answer this query,

I was issued with indefinite leave to remain last year April 2014 and my wife and daughter had extension on FLR(m), I now need to apply for their indefinite am I ok to apply for this now, wife joined me 2009 and had daughter in Dec 2011, I take I don't need to wait for two years on Flrm as dependants have been with me before July 2012?

Also I am now eligible for citizenship, is it easier if I get citizenship first and then apply for their settlement or better to get their settlement first and all apply for citizenship, please could you advise.

Many thanks in advance

[Obie]

What type of visa was issued to your dependants?

2 years leave or 30 months?

[Bobby123456]

Hi They were issued with dependent visa last year on Flrm for 2 years based on my ILR, however have been in country since 2009 with me on different visas.

Please advise

[Bobby123456]

Hi guys please could somebody advise on above,all rules on HO website are clear as mud .thanks

[Bobby123456]

Hi guys, please could you put in right direction. Thanks