Dependent visa refusal due to English Language-Please advise

satandrive · Post by **satandrive** » Thu Feb 07, 2013 4:04 pm

Hello,

I have ILR and we applied for my wife's ILR after 1 year of her being here which was refused and were asked to apply for FLR (M) as she hasn't been in the country for 2 years.

We then applied for her FLR(M) further extension which now got refused due to English language requirement. We put the Life in the UK pass letter for my wife with the FLR(M) application rather than the English Language test.

Please advise what option I have if I choose to appeal.

Many thanks for your advise in advance.

satandrive · Post by **satandrive** » Thu Feb 07, 2013 4:10 pm

Hello,

Along with this also if anybody can suggest me possibility of appearing IELTS now and adding it to appeal.

Also We are happy to add a transcript from University saying it was taught in English.

Many thanks.

satandrive wrote:Hello,

I have ILR and we applied for my wife's ILR after 1 year of her being here which was refused and were asked to apply for FLR (M) as she hasn't been in the country for 2 years.

We then applied for her FLR(M) further extension which now got refused due to English language requirement. We put the Life in the UK pass letter for my wife with the FLR(M) application rather than the English Language test.

Please advise what option I have if I choose to appeal.

Many thanks for your advise in advance.

Kitty · Post by **Kitty** » Thu Feb 07, 2013 5:25 pm

Also We are happy to add a transcript from University saying it was taught in English.

Does she have a NARIC-recognised university qualification that was taught in English? Did she have that at the date of the decision?

When did you get ILR and on what basis?

What kind of leave did your wife previously have?

satandrive · Post by **satandrive** » Sun Feb 10, 2013 8:43 pm

Kitty wrote:
Also We are happy to add a transcript from University saying it was taught in English.
Does she have a NARIC-recognised university qualification that was taught in English? Did she have that at the date of the decision?

When did you get ILR and on what basis?

What kind of leave did your wife previously have?

Dear Kitty,

Thank you for your response.

At present we have not approached NARIC yet.

My ILR was due to 5 year Tier 1 I got last year April.

My wife was on Tier 1 denendent before.

Could you advise if we can appeal and get NARIC certified and IELTS in the mean time or we can put another application?

Many thanks.

ukp · Post by **ukp** » Tue Feb 12, 2013 1:39 am

I had same issue, we approached lawyer, he suggested to appeal and meanwhile get the English test certificate so we written A1spouse visa exam in englishexamcenter .co..uk ,lawyer appealed it

satandrive · Post by **satandrive** » Tue Feb 12, 2013 9:21 am

ukp wrote:I had same issue, we approached lawyer, he suggested to appeal and meanwhile get the English test certificate so we written A1spouse visa exam in englishexamcenter .co..uk ,lawyer appealed it

Hi ukp,

Thank you for the guidance.

We have the appeal deadline till this Friday 15th Feb.

She is appearing for the Pearson PTE Test today, hoping for the result by tomorrow or day after.

How long it took for you for the whole process? What grounds did your lawyer put on the appeal?

Please share as it will help me.

Many thanks.

ukp · Post by **ukp** » Tue Feb 19, 2013 12:08 am

Sorry for late reply,
We appealed just 1 week back, lawyer didn't disclosed much, he told that he will take care everything and asked for English certificate.
This week court fee deducted from account.

satandrive · Post by **satandrive** » Tue Feb 19, 2013 4:10 pm

ukp wrote:Sorry for late reply,
We appealed just 1 week back, lawyer didn't disclosed much, he told that he will take care everything and asked for English certificate.
This week court fee deducted from account.

Hi ukp,

Thanks for the response.

So we are on the same boat. All the best!

My wife has cleared Pearson English Test and my lawyer has appealed with the test results last Friday, finger crossed.

Do you know how long is the current processing time to get a hearing date?

Please keep me posted, I'll do the same.

Many thanks.

satandrive · Post by **satandrive** » Sat Mar 02, 2013 6:37 pm

satandrive wrote:
ukp wrote:Sorry for late reply,
We appealed just 1 week back, lawyer didn't disclosed much, he told that he will take care everything and asked for English certificate.
This week court fee deducted from account.
Hi ukp,

Thanks for the response.

So we are on the same boat. All the best!

My wife has cleared Pearson English Test and my lawyer has appealed with the test results last Friday, finger crossed.

Do you know how long is the current processing time to get a hearing date?

Please keep me posted, I'll do the same.

Many thanks.

Hello ukp,

Just wanted to know if any progress from your side.

Have you heard anything back yet?

Many thanks.

johnj1 · Post by **johnj1** » Wed Mar 06, 2013 8:48 pm

If you can see the question asked earlier, if you wife has not passes English Language Test prior to the date of decision, your appeal is bound to fail, or if the date of NAIRC confirmed her Degree Certificate is after the ECO decision, the appeal is also bound to fail, so it's better to think of another way out, if you did not meet these requirements.

ukp · Post by **ukp** » Wed Mar 06, 2013 9:02 pm

Hi,
sofar we didn't hear anything from them except Court fee (hearing) deducted from account.

I am little bit worried by seeing above message that "appeal will fail if english exam is written after decision is taken".

Due to ignorance, thinking that LifeinUK Test is sufficient for English knowledge we submitted application, they should provide some option to us to correct it now.

ukp · Post by **ukp** » Wed Mar 06, 2013 9:05 pm

Hi johnj1,

Please could you let us know if any such appeal failed earlier.

Thanks in Advance.

satandrive · Post by **satandrive** » Thu Mar 07, 2013 9:51 am

johnj1 wrote:If you can see the question asked earlier, if you wife has not passes English Language Test prior to the date of decision, your appeal is bound to fail, or if the date of NAIRC confirmed her Degree Certificate is after the ECO decision, the appeal is also bound to fail, so it's better to think of another way out, if you did not meet these requirements.

hello johnj1,

Thank you for your input.

We applied for my wife's ILR same time with me (I got ILR) in same day appointment (This is why she cleared Life in the UK).

UKBA accepted the application and refused it same day taking the money and asked us to apply by post for FLR which is what we did. (because she was not in UK for 2 years by then)

Now because she already had cleared the Life in the UK, we put this with the FLR application which got refused.

Now she has cleared English language, also we have put her degree and transcript saying its in English. (We have not got it NARIC certified) and have appealed for it.

Could you advise? also please share if you have encountered similar thing before.

johnj1 · Post by **johnj1** » Fri Mar 08, 2013 6:07 pm

Your case seems not to be straight forward, if you can read my last thread, it said any documents to support your appeal that is issued after the decision date will not be considered, they will only acknowledge it and ask you to re-apply. The way it looks now, get the degree certificate certified by NARIC first, then if you can afford the fees, re-apply while the appeal is still on, the way your case is at the moment, it doesn't stand good chance of getting your appeal allowed. I have been there before. I wish you good luck.

ukp · Post by **ukp** » Tue May 14, 2013 9:01 pm

Applied FLR(M) Visa : 17-MAY-2012
Refused Visa as we submitted LifeinUK instead of English exam(listed in ukba) and they hv sent us appeal docs and refusal letter : 23-JAN-2013

Appealed to First-Tier Tribunal through Lawyer: 29-JAN-2013
Written English Test: Feb-2013
Hearing Date given : 15-MAY-2013
Lawyer sent supporting docs : April-2013

UKBA Presenting Officer overturned UKBA refusal decision and sent fax to Lawyer stating that we no need to attend as supporting docs r fine and hearing will not happen.

Now need to wait for Passport and visa.Not sure howmuch time they will take.

Thanks for all support

satandrive · Post by **satandrive** » Fri Jun 21, 2013 10:57 am

Applied FLR(M) Visa : March 2012

After 3 chases from MP UKBA refused on 31th January 2013 because we submitted Life in the UK rather than English Exam (listed on UKBA website).

Appealed : 15th February 2013
Wrote and cleared English test 10th February before filling for appeal.

Hearing Date: 6th June 2013
Lawyer sent bundle on 3rd June 2013.

Appeal heard and were told you will receive outcome in writing in 2 weeks.

Received the outcome in writing on 19th June saying appeal is allowed. Now waiting for the passport to arrive.

Thank you all for your support and specially ukp who been very helpful from the beginning through out the journey.

oursnetuse · Post by **oursnetuse** » Tue Jun 25, 2013 1:48 pm

satandrive wrote:
johnj1 wrote:If you can see the question asked earlier, if you wife has not passes English Language Test prior to the date of decision, your appeal is bound to fail, or if the date of NAIRC confirmed her Degree Certificate is after the ECO decision, the appeal is also bound to fail, so it's better to think of another way out, if you did not meet these requirements.

hello johnj1,

Thank you for your input.

We applied for my wife's ILR same time with me (I got ILR) in same day appointment (This is why she cleared Life in the UK).

UKBA accepted the application and refused it same day taking the money and asked us to apply by post for FLR which is what we did. (because she was not in UK for 2 years by then)

Now because she already had cleared the Life in the UK, we put this with the FLR application which got refused.

Now she has cleared English language, also we have put her degree and transcript saying its in English. (We have not got it NARIC certified) and have appealed for it.

Could you advise? also please share if you have encountered similar thing before.

oursnetuse · Post by **oursnetuse** » Tue Jun 25, 2013 1:50 pm

satandrive wrote:Applied FLR(M) Visa : March 2012

After 3 chases from MP UKBA refused on 31th January 2013 because we submitted Life in the UK rather than English Exam (listed on UKBA website).

Appealed : 15th February 2013
Wrote and cleared English test 10th February before filling for appeal.

Hearing Date: 6th June 2013
Lawyer sent bundle on 3rd June 2013.

Appeal heard and were told you will receive outcome in writing in 2 weeks.

Received the outcome in writing on 19th June saying appeal is allowed. Now waiting for the passport to arrive.

Thank you all for your support and specially ukp who been very helpful from the beginning through out the journey.

Hello satandrive:

Congratulations....When you applied for FLR(M) initially did you send her degree and transcript?

satandrive · Post by **satandrive** » Tue Jun 25, 2013 1:59 pm

oursnetuse wrote:
satandrive wrote:Applied FLR(M) Visa : March 2012

After 3 chases from MP UKBA refused on 31th January 2013 because we submitted Life in the UK rather than English Exam (listed on UKBA website).

Appealed : 15th February 2013
Wrote and cleared English test 10th February before filling for appeal.

Hearing Date: 6th June 2013
Lawyer sent bundle on 3rd June 2013.

Appeal heard and were told you will receive outcome in writing in 2 weeks.

Received the outcome in writing on 19th June saying appeal is allowed. Now waiting for the passport to arrive.

Thank you all for your support and specially ukp who been very helpful from the beginning through out the journey.

Hello satandrive:

Congratulations....When you applied for FLR(M) initially did you send her degree and transcript?

Hi oursetuse,

I applied initially on March 2012, we did not submit the degree and transcript initially as our legal advisor had asked to submit Life in the UK.

You are here so guess you preparing for some application, Good luck!

oursnetuse · Post by **oursnetuse** » Tue Jun 25, 2013 2:38 pm

satandrive wrote:
oursnetuse wrote:
satandrive wrote:Applied FLR(M) Visa : March 2012

After 3 chases from MP UKBA refused on 31th January 2013 because we submitted Life in the UK rather than English Exam (listed on UKBA website).

Appealed : 15th February 2013
Wrote and cleared English test 10th February before filling for appeal.

Hearing Date: 6th June 2013
Lawyer sent bundle on 3rd June 2013.

Appeal heard and were told you will receive outcome in writing in 2 weeks.

Received the outcome in writing on 19th June saying appeal is allowed. Now waiting for the passport to arrive.

Thank you all for your support and specially ukp who been very helpful from the beginning through out the journey.

Hello satandrive:

Congratulations....When you applied for FLR(M) initially did you send her degree and transcript?

Hi oursetuse,

I applied initially on March 2012, we did not submit the degree and transcript initially as our legal advisor had asked to submit Life in the UK.

You are here so guess you preparing for some application, Good luck!

Thanks satandrive for your your quick reply. I am planning to submit my wife masters degree and transcript only, also letter from college saying that taught in English. Would that be enough? or does she need to write english exam also?

SimpleThings · Post by **SimpleThings** » Thu Feb 05, 2015 10:26 pm

hi all,

my partner got refused on the same basis, however she did provide proof of certification (that was not acknowledged in her refusal letter) but may have been inadequate - please see details of her certificate http://register.ofqual.gov.uk/Qualifica ... 501_0031_2

The course was taught in English with written tests and work experience required at schools.

please let me know your thoughts?

Thanks,

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Dependent visa refusal due to English Language-Please advise

Dependent visa refusal due to English Language-Please advise

Re: Dependent visa refusal due to English Language-Please ad

hi

Re: hi

Sorry for late reply, nothing much info I can provide

Re: Sorry for late reply, nothing much info I can provide

Re: Sorry for late reply, nothing much info I can provide

Hi

Our appeal is successful

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