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Fiance visa refusal

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Katie_France
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Re: Fiance visa refusal

Post by Katie_France » Mon Jan 29, 2018 12:13 am

From the government page

Which test should customers making initial applications as partners or parents take?
Applicants should take a SELT test that assesses their speaking and listening abilities. They do not need to evidence their reading and writing abilities. They can sit either the Trinity College London or IELTS SELT Consortium test at level A1 or higher.
The IELTS SELT Consortium tests are:
 IELTS for UKVI
 Life Skills

Katie_France
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Re: Fiance visa refusal

Post by Katie_France » Mon Jan 29, 2018 12:20 am

Further update on my complaint, which we submitted to their complaints email. Here is their response:

Dear Madam
Thank you for your email of 21 January.
Any queries relating to making an application outside of the UK are not handled by this mailbox and so you will not receive a response. If you have a question about coming to the UK or about an application you have already submitted outside the UK, please use:
http://www.gov.uk/contact-ukvi-inside-o ... ide-the-uk
where you will find the relevant contact details for contacting the international enquiry team.
Yours sincerely
Customer Correspondence Hub

So they are offering to pay another GBP 5.48 for a useless email... absolutely pathetic...

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seagul
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Re: Fiance visa refusal

Post by seagul » Mon Jan 29, 2018 12:24 am

check below official ielts test explanation in easy language:

https://takeielts.britishcouncil.org/ie ... ielts-ukvi
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Katie_France
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Russia

Re: Fiance visa refusal

Post by Katie_France » Mon Jan 29, 2018 7:53 am

seagul wrote:
Mon Jan 29, 2018 12:24 am
check below official ielts test explanation in easy language:

https://takeielts.britishcouncil.org/ie ... ielts-ukvi
Seagul, on the same web site it’s written IELTS for UKVI is suitable as well. It can be Academic or general but should be IELTS for UKVI.

https://takeielts.britishcouncil.org/ielts-ukvi/score

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seagul
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Re: Fiance visa refusal

Post by seagul » Mon Jan 29, 2018 8:49 am

Katie_France wrote:
Mon Jan 29, 2018 7:53 am
seagul wrote:
Mon Jan 29, 2018 12:24 am
check below official ielts test explanation in easy language:

https://takeielts.britishcouncil.org/ie ... ielts-ukvi
Seagul, on the same web site it’s written IELTS for UKVI is suitable as well. It can be Academic or general but should be IELTS for UKVI.

https://takeielts.britishcouncil.org/ielts-ukvi/score
You didn't read again properly again. Academic/general is for undergraduates/postgraduate students. Anyway see new refusal on same basis.

immigration-for-family-members/my-spous ... 48078.html
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Ballmigirl17
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Re: Fiance visa refusal

Post by Ballmigirl17 » Mon Jan 29, 2018 11:23 am

Katie_France wrote:
Mon Jan 29, 2018 12:07 am
Ballmigirl17 wrote:
Fri Jan 26, 2018 7:39 pm
Hi Katie

I hoped it can be overturned without an appeal, but it’s not looking that way right now for me so who knows! it is awful and I honestly don’t know how they are not penalized for it!! There’s nothing more frustrating than having to wait for others to fix their mistakes
Ballmigirl17, at this point I don't think that the decision can be overturned without an appeal. MP sent a letter to HO, but only God knows when they reply. We are not ready to be stuck in limbo for 6-12 month, so the only way out for us really is to marry and reapply... Very sad :(
If thats what you feel you must do then so be it, we have spent at least over £5000 for all of this including application and solicitor fees so we are not in a position (financially) to marry and reapply and pay all those fees again!! and we don't want to marry in his country, we have a right to marry in UK and because of their negligence and ignorance to what documents were sent we have no choice but to fight them.

My MP said that they allow 20 days for a response from the UKVI/Home office, which she received 2 weeks ago and i cant even begin to tell you the contradicting response she had received. makes me really question how these people are employed! so if the MP has written a letter you will usually get a response within 20 days, if not she can escalate (not sure what this means!)

I wish you all the best i really do :(

Katie_France
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Russia

Re: Fiance visa refusal

Post by Katie_France » Mon Jan 29, 2018 1:09 pm

Ballmigirl17 wrote:
Mon Jan 29, 2018 11:23 am

If thats what you feel you must do then so be it, we have spent at least over £5000 for all of this including application and solicitor fees so we are not in a position (financially) to marry and reapply and pay all those fees again!! and we don't want to marry in his country, we have a right to marry in UK and because of their negligence and ignorance to what documents were sent we have no choice but to fight them.

My MP said that they allow 20 days for a response from the UKVI/Home office, which she received 2 weeks ago and i cant even begin to tell you the contradicting response she had received. makes me really question how these people are employed! so if the MP has written a letter you will usually get a response within 20 days, if not she can escalate (not sure what this means!)

I wish you all the best i really do :(
Ballmigirl17, yes, absolutely feel same way... paying all these fees, and than getting a rejection because of their negligence is harsh... the worst is that no one is responsible and they feel ok to play with people’s life.

We have consulted 2 immigration lawyers and both said that the fastes way is to reapply with spouse visa application.

MP said she does not know when she gets a response, because HO is notoriously famous for not responding quickly and taking their time. We really don’t want to be stuck in limbo for the next 6-12 months... we just want to be together and build our life.

Ballmigirl17
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Re: Fiance visa refusal

Post by Ballmigirl17 » Mon Jan 29, 2018 1:33 pm

[/quote]

Ballmigirl17, yes, absolutely feel same way... paying all these fees, and than getting a rejection because of their negligence is harsh... the worst is that no one is responsible and they feel ok to play with people’s life.

We have consulted 2 immigration lawyers and both said that the fastes way is to reapply with spouse visa application.

MP said she does not know when she gets a response, because HO is notoriously famous for not responding quickly and taking their time. We really don’t want to be stuck in limbo for the next 6-12 months... we just want to be together and build our life.
[/quote]

Yep Our solicitor said the same to marry and reapply, reasons being you actually have more rights when you are married than you do when you are just partners/fiance (god knows why!) What i dont understand about this is that we will submit all the same documents we have already submitted - the only different thing is that we have a marriage certificate, so if they couldn't look at all the supporting information the first time i do not have faith in them to do their job properly!!

but again like i said it is costly and we have too many commitments in the UK, British born people dont know how lucky they are to be able to get married where they want without a problem.


Please let me know what you decide to do, and the outcomes and also the time process as i am quite interested to see how long they are taking with other people. there was a post on here a few weeks back a ladys visa was refused for stupid reasons (again they ignored documents infront of their face!) and her fiance appealed, and the decision was overturned in a month!! if you like i will keep you updated with mine xx

Katie_France
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Russia

Re: Fiance visa refusal

Post by Katie_France » Mon Jan 29, 2018 2:01 pm

Ballmigirl17 wrote:
Mon Jan 29, 2018 1:33 pm
Yep Our solicitor said the same to marry and reapply, reasons being you actually have more rights when you are married than you do when you are just partners/fiance (god knows why!) What I don't understand about this is that we will submit all the same documents we have already submitted - the only different thing is that we have a marriage certificate, so if they couldn't look at all the supporting information the first time I do not have faith in them to do their job properly!!

but again like i said it is costly and we have too many commitments in the UK, British born people don't know how lucky they are to be able to get married where they want without a problem.


Please let me know what you decide to do, and the outcomes and also the time process as I am quite interested to see how long they are taking with other people. there was a post on here a few weeks back a lady's visa was refused for stupid reasons (again they ignored documents in front of their face!) and her fiance appealed, and the decision was overturned in a month!! if you like I will keep you updated with mine xx
@Ballmigirl17, we have decided to get married, and we are having the ceremony booked for the 5th of February. We will have a family and friends party in the UK, when I will be able to go there. We decided not to appeal, just not to be stuck in the unknown limbo for 6-12 month. It is also useless to appeal, as soon as we decided to get married, so it will be only a waste of 80-140 gbp, not a crucial amount in the whole situation, but still.

We are waiting for the response from MP regarding the situation... I think it is more a luck to have the decision overturned in a month. It takes 28 days for the Tribunal to notify HO about the appeal, and then another 60 business days for the HO to review the decision. Personally, I think HO is never in a rush...

With the new application, I will submit UK NARIC certificate, and also add the previous IELTS for UKVI test, which they didn't like...

I will let you know about the development of our situation. Let me know about yours.

hussaincute
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Re: Fiance visa refusal

Post by hussaincute » Wed Jan 31, 2018 8:16 pm

Hi, I am so sorry to hear your situation. Did you use scan and send service or did you send your original documents direct to sheffield? Also, you mentioned that you didn't write UKVI number during your online application. I guess this might have been the cause as they tend to run the UKVI number on application in their system to confirm whether the test is UKVI or not. When booking your IELTS for UKVI, did you mention the purpose as 'immigration'? I read in several other IELTS based rejections, they mentioned that IELTS for UKVI should give reason as 'immigration' when sitting the test.

Katie_France
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Russia

Re: Fiance visa refusal

Post by Katie_France » Wed Jan 31, 2018 9:46 pm

hussaincute wrote:
Wed Jan 31, 2018 8:16 pm
Hi, I am so sorry to hear your situation. Did you use scan and send service or did you send your original documents direct to sheffield? Also, you mentioned that you didn't write UKVI number during your online application. I guess this might have been the cause as they tend to run the UKVI number on application in their system to confirm whether the test is UKVI or not. When booking your IELTS for UKVI, did you mention the purpose as 'immigration'? I read in several other IELTS based rejections, they mentioned that IELTS for UKVI should give reason as 'immigration' when sitting the test.
hussaincute, yes, it is a very sad story at such an expensive cost (time and money). I submitted my documents in Paris, and they scanned my documents. I had Priority application - took 43 business days.
I didn't write my UKVI number - my fault, but the Test report was attached, and as you can see in the rejection the ECO saw that my test was attached, but he still didn't recognize it as a right one.
However, I still can't disagree, maybe that was the reason for rejection. I just don't know.
When you pass the test, there is a special procedure - they verify your passport and fingerprints in the center. I can't really remember that they asked me any additional questions because it was in June 2016 when I passed it.

Katie_France
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Russia

Re: Fiance visa refusal

Post by Katie_France » Wed Jan 31, 2018 9:51 pm

My fiance's MP sent a request to the HO, asking about the administrative review. How long will it take - I don't know. We decided not to appeal and apply for the spouse visa mid-February.

nasreen baji
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Re: Fiance visa refusal

Post by nasreen baji » Sat Feb 03, 2018 6:18 pm

Katie_France wrote:
Sat Jan 20, 2018 1:56 pm
Yesterday on the 43d business day of Priority Fiance Visa Application I received a refusal.

Rejection letter (which was attached to the Decision made email)

Dear ***
Your human rights claim in an application for entry clearance made on 16/11/2017 is
refused.
What this means for you
You can appeal this decision. Instructions on how to appeal are in the ‘next steps’ section
of this letter.
The reasons for this decision are set out on the next page.
Yours sincerely

REASONS FOR REFUSAL
On 16/11/2017 you made an application for entry clearance to the UK under Appendix
FM to the Immigration Rules on the basis of your family life with your partner ***

Your application has been considered under those Rules, and with reference to Article 8
of the European Convention on Human Rights (ECHR). The relevant Immigration Rules
can be viewed on gov.uk here: www.gov.uk/guidance/immigration-rules.
This decision takes into account as a primary consideration the best interests of any
relevant child in line with section 55 of the Borders, Citizenship and Immigration Act
2009.
We have considered your application under paragraph EC-P.1.1. of Appendix FM.
However, you do not qualify for entry clearance under the 5-year partner route for the
following reasons:
Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC of
Appendix FM.
Eligibility
Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of
Section E-ECP of Appendix FM for the following reasons:

Eligibility Relationship Requirement
You meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.
Eligibility Financial Requirement
You meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4.
Eligibility English Language Requirement
You do not meet the eligibility English language requirement of paragraphs E-ECP.4.1. to
4.2. because:
You are not exempt from the English language requirement under paragraph E-ECP.4.2.
In addition, you are not a national of a majority English speaking country listed in
paragraph GEN 1.6 and have not passed an English language test (A1 Level of Common
European Framework) with a provider approved by UKVI and/or do not hold an academic
qualification recognised by NARIC UK to be the equivalent to the standard of a
Bachelor’s or Master’s degree or PhD in the UK, which was taught in English. You have also not provided any details that there are any exceptional compassionate
circumstances that would prevent you from meeting the English language requirement.
In support of your application you have provided an IELTS General Training certificate issued on 04/06/2016; however this which is not an English language test which is approved by the Secretary of State for the purposes of settlement. Every English language test taken on or after 6 April 2015 by a partner or parent applicant must meet the new requirements in respect of the approved tests, providers and secure test centres offered by Trinity College London or the IELTS SELT Consortium.
I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.4.1)
Exceptional Circumstances
MUST We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM
as applicable, whether there are exceptional circumstances in your case which could or would render refusal a breach of Article 8 of the ECHR because it could or would result in unjustifiably harsh consequences for you or your family. In so doing we have taken into account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant child as a primary consideration.
You have provided no information or evidence to establish that there are any exceptional circumstances in your case.
Refusal under the Partner Rules
In light of the above, your application is refused under paragraph D-ECP.1.3.of Appendix FM with reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance on the 5-year partner route, or on the 10-year partner route on the basis of exceptional circumstances, under Appendix FM.

NEXT STEPS
RIGHT OF APPEAL
You have 28 days from the date you receive this decision to appeal. Information on how to appeal, the appeal process and the fees payable are all available online at:
https://www.gov.uk/immigration-asylum-t ... ide-the-uk
If you want to seek legal advice you must do so now.
IMMIGRATION HEALTH SURCHARGE
If you have paid the Immigration Health Surcharge it will be refunded. You may need to pay again if any appeal is successful.
That's sad 😔
Actually, I'm going through the same situation now a days and literally I'm unable to decide whether to take ielts lifeskills or just apply my visa on the base of academic test. :/ If you could do me a favour, can you please send me your ielts result in PERSONAL MESSAGE so that i can confirm my result pattern is same or not!
Secondly, what type of English language details you had mentioned in your application? I mean you wrote the reference number+ukvi number etc in ur application?

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Casa
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Re: Fiance visa refusal

Post by Casa » Sat Feb 03, 2018 7:13 pm

nasreen baji wrote:
Sat Feb 03, 2018 6:18 pm
Katie_France wrote:
Sat Jan 20, 2018 1:56 pm
Yesterday on the 43d business day of Priority Fiance Visa Application I received a refusal.

Rejection letter (which was attached to the Decision made email)

Dear ***
Your human rights claim in an application for entry clearance made on 16/11/2017 is
refused.
What this means for you
You can appeal this decision. Instructions on how to appeal are in the ‘next steps’ section
of this letter.
The reasons for this decision are set out on the next page.
Yours sincerely

REASONS FOR REFUSAL
On 16/11/2017 you made an application for entry clearance to the UK under Appendix
FM to the Immigration Rules on the basis of your family life with your partner ***

Your application has been considered under those Rules, and with reference to Article 8
of the European Convention on Human Rights (ECHR). The relevant Immigration Rules
can be viewed on gov.uk here: www.gov.uk/guidance/immigration-rules.
This decision takes into account as a primary consideration the best interests of any
relevant child in line with section 55 of the Borders, Citizenship and Immigration Act
2009.
We have considered your application under paragraph EC-P.1.1. of Appendix FM.
However, you do not qualify for entry clearance under the 5-year partner route for the
following reasons:
Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC of
Appendix FM.
Eligibility
Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of
Section E-ECP of Appendix FM for the following reasons:

Eligibility Relationship Requirement
You meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.
Eligibility Financial Requirement
You meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4.
Eligibility English Language Requirement
You do not meet the eligibility English language requirement of paragraphs E-ECP.4.1. to
4.2. because:
You are not exempt from the English language requirement under paragraph E-ECP.4.2.
In addition, you are not a national of a majority English speaking country listed in
paragraph GEN 1.6 and have not passed an English language test (A1 Level of Common
European Framework) with a provider approved by UKVI and/or do not hold an academic
qualification recognised by NARIC UK to be the equivalent to the standard of a
Bachelor’s or Master’s degree or PhD in the UK, which was taught in English. You have also not provided any details that there are any exceptional compassionate
circumstances that would prevent you from meeting the English language requirement.
In support of your application you have provided an IELTS General Training certificate issued on 04/06/2016; however this which is not an English language test which is approved by the Secretary of State for the purposes of settlement. Every English language test taken on or after 6 April 2015 by a partner or parent applicant must meet the new requirements in respect of the approved tests, providers and secure test centres offered by Trinity College London or the IELTS SELT Consortium.
I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.4.1)
Exceptional Circumstances
MUST We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM
as applicable, whether there are exceptional circumstances in your case which could or would render refusal a breach of Article 8 of the ECHR because it could or would result in unjustifiably harsh consequences for you or your family. In so doing we have taken into account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant child as a primary consideration.
You have provided no information or evidence to establish that there are any exceptional circumstances in your case.
Refusal under the Partner Rules
In light of the above, your application is refused under paragraph D-ECP.1.3.of Appendix FM with reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance on the 5-year partner route, or on the 10-year partner route on the basis of exceptional circumstances, under Appendix FM.

NEXT STEPS
RIGHT OF APPEAL
You have 28 days from the date you receive this decision to appeal. Information on how to appeal, the appeal process and the fees payable are all available online at:
https://www.gov.uk/immigration-asylum-t ... ide-the-uk
If you want to seek legal advice you must do so now.
IMMIGRATION HEALTH SURCHARGE
If you have paid the Immigration Health Surcharge it will be refunded. You may need to pay again if any appeal is successful.
That's sad 😔
Actually, I'm going through the same situation now a days and literally I'm unable to decide whether to take ielts lifeskills or just apply my visa on the base of academic test. :/ If you could do me a favour, can you please send me your ielts result in PERSONAL MESSAGE so that i can confirm my result pattern is same or not!
Secondly, what type of English language details you had mentioned in your application? I mean you wrote the reference number+ukvi number etc in ur application?
Members don't have the privilege of the PM facility until they have contributed 30 posts on the forum, and you have only 4.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sam550
Junior Member
Posts: 94
Joined: Wed Jan 14, 2015 11:04 am

Re: Fiance visa refusal

Post by sam550 » Sat Feb 03, 2018 10:30 pm

seagul wrote:
Mon Jan 29, 2018 8:49 am
Katie_France wrote:
Mon Jan 29, 2018 7:53 am
seagul wrote:
Mon Jan 29, 2018 12:24 am
check below official ielts test explanation in easy language:

https://takeielts.britishcouncil.org/ie ... ielts-ukvi
Seagul, on the same web site it’s written IELTS for UKVI is suitable as well. It can be Academic or general but should be IELTS for UKVI.

https://takeielts.britishcouncil.org/ielts-ukvi/score
You didn't read again properly again. Academic/general is for undergraduates/postgraduate students. Anyway see new refusal on same basis.

immigration-for-family-members/my-spous ... 48078.html
Your spot on with English test issue, one of my friend made the same terrible mistake and end up paying another fees but this time selected IELTS for Life test instead of IELTS UKVI test, I can see number of people making this mistake it's very sad.

vinny
Moderator
Posts: 28302
Joined: Tue Sep 25, 2007 7:58 pm

Re: Fiance visa refusal

Post by vinny » Sat Feb 03, 2018 11:09 pm

32B wrote:Where the decision-maker has:

(a) reasonable cause to doubt that an English language test in speaking and listening at a minimum of level A1 or A2 (as the case may be) of the Common Framework of Reference for Languages relied on at any time to meet a requirement for limited leave to enter or remain in Part 8 or Appendix FM was genuinely obtained; or
(b) information that the test certificate or result awarded to the applicant has been withdrawn by the test provider for any reason,

the decision-maker may discount the test certificate or result and require the applicant to provide a new test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.
Appendix FM section 1.21: English language requirement wrote:Under paragraph 32B of Appendix FM-SE, when a decision maker has:

(a) reasonable cause to doubt that an English language test in speaking and listening at a minimum of level A1 of CEFR relied on at any time to meet a requirement for limited leave to enter or remain in Part 8 or Appendix FM or Appendix Armed Forces was genuinely obtained; or
(b) information that the test certificate or result awarded to the applicant has been withdrawn by the test provider for any reason, they may discount the document or result and the applicant must provide a new test certificate or result from an approved provider which shows that they meet the requirement if they are not exempt from it.

The Immigration Rules in Appendix FM-SE do not set out a timescale for when an applicant must provide a new test certificate or result where requested by the decision-maker, who should allow the applicant a reasonable amount of time to take another test.

Following the principles of 24:

It is thus in the nature of the Immigration Rules that they include no over-arching implicit purposes. Their only purpose is to articulate the Secretary of State’s specific policies with regard to immigration control from time to time, as to which there are no presumptions, liberal or restrictive. The whole of their meaning is, so to speak, worn on their sleeve…

1. "at any time" in 32B(a) includes the current time,

i.e. includes test submitted in the current application.

2. If the applicant submits a wrong test, then
a decision maker has reasonable cause to doubt that an English language test in speaking and listening at a minimum of level A1 or A2 (as the case may be) of the Common Framework of Reference for Languages relied on at any time to meet a requirement for limited leave to enter or remain in Part 8 or Appendix FM was genuinely obtained
i.e. If the applicant submits a wrong test, then a decision maker has reasonable cause to doubt that the appropriate correct test was genuinely obtained.

i.e. 32B(a) is satisfied.

Hence, if 32B(a) is true, then
the decision-maker may discount the test certificate or result and require the applicant to provide a new test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.
From their policy guidance above:
they may discount the document or result and the applicant must provide a new test certificate or result from an approved provider which shows that they meet the requirement if they are not exempt from it.

The Immigration Rules in Appendix FM-SE do not set out a timescale for when an applicant must provide a new test certificate or result where requested by the decision-maker, who should allow the applicant a reasonable amount of time to take another test.
If the only reason for the refusal was a suspect English test, then a fair and sensible ECO/caseworker would have given the applicant an opportunity to provide other specified evidence.

Moreover,
HU071822015 & Ors. [2017] UKAITUR HU071822015 (14 August 2017) wrote:This appeal came before me for an error of law hearing on 19 July 2017. I found an error of law in the decision of the First tier Tribunal, which I append. The parties agreed I could re-make the decision without the need for an oral hearing, but with the assistance of written submissions, which I have now received.

2. The only issue outstanding, it now being accepted that the Appellants meet the financial requirements of the Rules, is whether the Entry Clearance Officer erred in failing to contact the first Appellant to request an English language certificate from an approved provider, in line with the principle of evidential flexibility. This is now set out in Appendix FM SE, the relevant provisions of which are as follows: ...
...
Answer
36. I conclude that the answer to the question identified in para 1 above is "yes": the agency's refusal of Mr Mandalia's application was unlawful because, properly interpreted, the process instruction obliged it first to have invited him to repair the deficit in his evidence."
...
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Katie_France
Member
Posts: 203
Joined: Thu Nov 30, 2017 9:26 pm
Russia

Re: Fiance visa refusal

Post by Katie_France » Sun Feb 11, 2018 9:50 pm

nasreen baji wrote:
Sat Feb 03, 2018 6:18 pm

That's sad 😔
Actually, I'm going through the same situation now a days and literally I'm unable to decide whether to take ielts lifeskills or just apply my visa on the base of academic test. :/ If you could do me a favour, can you please send me your ielts result in PERSONAL MESSAGE so that i can confirm my result pattern is same or not!
Secondly, what type of English language details you had mentioned in your application? I mean you wrote the reference number+ukvi number etc in ur application?
nasreen baji, sorry for the late response. I also don't know what to do really. But just last week, a friend of mine (Russian), received her spouse visa. She submitted IELTS for UKVI Academic test.

In my previous application, I answered on the question 97: IELTS Test, Level C1, Date of Test 04 June 2016. And I submitted my IELTS for UKVI test together with all documents.

Katie_France
Member
Posts: 203
Joined: Thu Nov 30, 2017 9:26 pm
Russia

Re: Fiance visa refusal

Post by Katie_France » Sun Feb 11, 2018 10:02 pm

The person who I know submitted IELTS for UKVI Academic and wrote in application graph 97 "I have passed an approved English language test" and the full ielts certificate reference number.

Katie_France
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Russia

Re: Fiance visa refusal

Post by Katie_France » Tue Feb 13, 2018 7:00 pm

vinny wrote:
Sat Feb 03, 2018 11:09 pm

If the only reason for the refusal was a suspect English test, then a fair and sensible ECO/caseworker would have given the applicant an opportunity to provide other specified evidence.

Moreover,
vinny, I didn't understand what you meant by your comment :(

vinny
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Re: Fiance visa refusal

Post by vinny » Wed Feb 14, 2018 12:19 am

My understanding is that:

If a caseworker wasn't satisfied only with the English test that the applicant had submitted, then there is discretion in the Immigration rules and the caseworker's guidance for a sensible caseworker to give the applicant an opportunity to demonstrate that they meet the English language requirement, e.g. to take an approved English test.

Moreover, the quoted judgment, after careful analysis, went further. It concluded that it was actually unlawful for the caseworker not to invite the applicant to repair the deficit in his evidence.
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