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Spouse visa extension rejected

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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brendasim
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Re: Spouse visa extension rejected

Post by brendasim » Fri Feb 02, 2018 10:53 am

My spouse visa extension was rejected the 19 Dec 2017. The reason is the same as your wife, I submitted A1 level English certificate on 6 May 2017. I started filling up the online application form in February 2017, I remembered clearly that the online application stated the requirement was A1 Level. I received my appalling date yesterday which is in April. Is a nightmare :cry:

vinny
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Re: Spouse visa extension rejected

Post by vinny » Fri Feb 02, 2018 11:10 am

Surprisingly, the date of application was not relevant. Rather, it was the expiry date of the applicant’s leave that was significant.
Statement of changes to the Immigration Rules: HC667, 3 November 2016 wrote:The changes to Appendix FM set out in paragraphs FM1, FM20, FM21, FM42 and FM43 of this statement, and to Appendix FM-SE set out in paragraphs FM-SE14, FM-SE16 to FM-SE18 and FM-SE20, shall take effect from 1 May 2017. However, if the expiry date of the applicant‟s leave pre-dates 1 May 2017, the application will be decided in accordance with the Immigration Rules in force on 30 April 2017.
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.

vinny
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Re: Spouse visa extension rejected

Post by vinny » Sun Feb 04, 2018 3:07 am

See also refusal.
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.

afespinosa
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Re: Spouse visa extension rejected

Post by afespinosa » Fri Apr 05, 2019 8:23 pm

Hi all. I hope this thread is still active. I am in the same scenario. Can someone tell me the outcome of both the cases from previous people who posted? What did you do?

mrshh
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Re: Spouse visa extension rejected

Post by mrshh » Thu Apr 25, 2019 1:58 pm

Hi all!
I’m in the same situation. I have provided A1 certificate and did not see that at least A2 is required for visa extension. I just got the letter today and have just requested for return of my passport so as I can book my test. I am planning to book B1 test since I will need it when I apply for citizenship in a few years.

Has anyone submitted an appeal regarding the decision and succeeded?

Would appreciate if anyone could provide an update on their situation. Thanks a lot

latino4ever
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Re: Spouse visa extension rejected

Post by latino4ever » Sun May 12, 2019 9:09 pm

Reading a couple of post I find that many users have been in the same situation. In brief my situation is currently as follows.
1 - BRP expiry 02/2019
2 - Visa was refused 03/04/2019
2a - Reason: Not meeting A2 certificate for second renewal, my mistake as I thought why would second renewal be different from first renewal
2b - Passport and expired BRP withheld by UKVI
3 - 03/04/2019 After investigation all SELTs centres require original up to date proof of ID which was withheld by UKVI.
4 - 03/04/2019 UKVI Customer centre advised that an online passport return request should be submitted with the following reason “Passport is needed for proof of ID to take SELT”
5 - 03/04/2019 UKVI customer centre asked for the request reference number and will escalate the request.
6 - 04/04/2019 contacted UKVI and was advised the request was submitted and will need to wait
7 - Submitted the appeal as we didn’t want to break the status and be classed as overstayer (still waiting to hear but 140£ has been debited)
8 - 29/04/2019 Passport was returned (60 days to return the passport) and SELT B1 level booked and passed on 04/05/2019 with certificate delivered on 10/05/2019
9 - Can you share your knowledge and experience to answer my questions:
9a - Will the 5 year route be affected in any way?
9b - I don’t know the next steps from here, can you advice past experiences such as a) submit a brand new application or b)send the certificate to the UKVI

mrshh
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Re: Spouse visa extension rejected

Post by mrshh » Tue May 14, 2019 2:20 pm

latino4ever wrote:
Sun May 12, 2019 9:09 pm
2a - Reason: Not meeting A2 certificate for second renewal, my mistake as I thought why would second renewal be different from first renewal
I don’t think it was entirely your mistake. The application form was misleading. See immigration-for-family-members/english- ... 69083.html

I am in the same situation. When I was applying, I saw the question “Did the test assess your speaking and listening skills at a level equivalent to CEFR A1 or higher?”and therefore I thought that I could submit A1 certificate.

I have submitted an appeal stating that the application form was misleading and that I intend to submit a B1 certificate. I am currently waiting for the certificate to be mailed to me and I will submit the certificate to the Tribunal by email.

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seagul
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Re: Spouse visa extension rejected

Post by seagul » Tue May 14, 2019 7:25 pm

I don't think HO will consider it that the form is misleading because HO always publish their guidance pertaining to each visa category and they also advise the applicant to read it too. And in guidance they have clearly highlighted that A2 will be needed at extension stage.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

latino4ever
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Re: Spouse visa extension rejected

Post by latino4ever » Wed May 15, 2019 12:32 pm

Hi All,
Can anyone point me in the direction of switching ie making a new application and cancelling the appeal as i now have/meet all the requirements, also i dont want to wait 6 months to have an appeal date. Is this possible? Has anyone done such thing? Do you know an adviser with experience of taking such action.

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seagul
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Re: Spouse visa extension rejected

Post by seagul » Wed May 15, 2019 6:37 pm

latino4ever wrote:
Wed May 15, 2019 12:32 pm
Hi All,
Can anyone point me in the direction of switching ie making a new application and cancelling the appeal as i now have/meet all the requirements, also i dont want to wait 6 months to have an appeal date. Is this possible? Has anyone done such thing? Do you know an adviser with experience of taking such action.
Why not let the both options in play until your new application gets approved.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

mrshh
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Re: Spouse visa extension rejected

Post by mrshh » Thu May 16, 2019 9:51 am

According to the response provided by Frz540, see immigration-for-family-members/english- ... l#p1781044

The Home Office has admitted that the online form was indeed misleading. A Pre-Action Protocol was sent to the Home Office and they corrected their decision

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