Appeal process from abroad

[Sonia0802]

I recently got married in the United Kingdom, I am Indian and my husband is a British citizen. I returned to India to apply for a settlement visa, in error I requested the marriage visa so O needed to return home. I have applied for the visa but the home office have approved everything bar the english exam. I have a bachelor degree in History which was taken in English. The letter from the home office is not clear. Do i need to take an englush exam in India or can I send my degree to Naric who will confirm if sufficient. I have the wording from the home office but you cant attach. Any help would be appreciated. Thanks

[CR001]

You could type out the reasons in the letter.

For a spouse visa, you need EITHER the English A1 Life Skills test OR the Degree assessment (English and comparable) UKVI NARIC Red route. Whichever you do, they cost £150 each. English test is quicker.

[CR001]

You appear to be posting from a UK static IP address, with another registered username!

member/Marty1872/

Multiple Usernames (click to read)

[Londoner007]

Getting the NARC red route would mean in future you will not need to sit A2, B1 test and thus save money and time

[Sonia0802]

Thanks for all your help - below is what I received:

You are not exempt from the english language requirement under para E-CP.4.2. In addition you are not a national of a majority English speaking country listed in para GEN 1.6 and have not passed an English language test (A1 Level of Common European Framework) with a particular approved UKVI and/or do not hold an academic qualification recognised by NARIC UK to be the equivalent to the standard of a Bachelors or Masters degree or PhD in the UK which was taught in English. You have also not provided any details that there any any exceptional compassionate circumstances that would prevent you from meeting the English language requirement.

In support of your application you have provided a degree certificate from the Indira Ganghu Nation Open University. However you have failed to accompany this with a letter from the UK Naric confirming it to be equivalent to the standard of a Bachelors or Masters degree of PhD in the UK, which was taught in English. I therefore refuse your application under para ECP.1.1 (d) of Appendix FM of the Immigration of Rules (E-ECP.4.1)

To me or my husband it is not clear- can I send my docs to NRAIC or do I need to sit an exam in India. As I said my Bachelor degree was in History but taken in English.

I only have 28 days to appeal and a bit worried.

Thanks again

[CR001]

The refusal is correct then.

You require NARIC English and comparable assessment if using an overseas degree to meet the English requirement.

[Londoner007]

If the document (NARC Red route) wasn't available at the time of application, a appeal may be waste of time and money.

Might be better to get this doc, or sit IELTS A1 and re-apply.

[Sonia0802]

Thanks, is there a list of places anywhere, that details assessment centres that are legitimate.

Goong by responses rhere is no point in sending my bachelor degree to NARC.

Thanks

[CR001]

Thanks, is there a list of places anywhere, that details assessment centres that are legitimate.

https://assets.publishing.service.gov.u ... ebsite.pdf

Goong by responses rhere is no point in sending my bachelor degree to NARC.

Not sure why you believe that. You would need to contact NARIC to find out if your degree is a qualifying one from a qualifying university.

[Sonia0802]

Sorry I mis-understood, I thought you were all saying I needed to sit the English exam in India.

Just to make sure I understand, I need to send bachelor degree to NARIC, if acceptable they will confirm and I re-apply with their email / cover letter.

Then once in UK I need to sit exam.

Is that correct.

Many thanks

[CR001]

No. If you get your degree assessed for English and comparable to a UK Bachelor, costs £150 for the UKVI Red Route, there is no need to still do an English exam.

[Sonia0802]

Sorry for all the questions but want to make sure I get this correct.

I send the certificate...etc to NARIC, (I see there is a fast-track service for an additional £114) they will send me a letter / email to confirm bachelor degree is okay (if the agree it is) and then I submit that to the home office for the visa appeal, and due to that being the only thing o/s then hopefully it will be granted.

Is what I am saying correct. It said a cover letter from NARIC but it looks as though they email. Again is thst sufficient.


Thanks again

[Londoner007]

It will probably still be refused because your NARC wasn't available at the time of the application.

Like already said you can appeal and wait around 12+ months or just re-apply

[Sonia0802]

Thxs, when you say not available at application, whst do you mean. We never contacted naric and assumed (wrongly) that a bachelr degree taken in english would b sufficient.

Why are the home office asking for a letter from naric??

Will she need to take exam in India and if i sendher degree to naric, is there any benefit or will she still need to exam in India.

As a uk citizen born in bread, losing all faith in the system. All so complicated, tried to do everything correctly but just so many obstacles.

[Sonia0802]

Hi, can anyone confirm the forms that need to be submitted for an appeal.

Country of appeal is India and visa type is settlement.

Many thanks

[CR001]

The refusal is correct. The applicant did not meet the English requirement as UK NARIC ELA and Comparable assessment was not submitted with the foreign degree.

It is quicker to reapply. An appeal can take many many months.

[Sonia0802]

Thanks but paid around £2k for fast-track service and its around another £500 to appeal.

My big concern, 28 days to appeal, so have an exam booked outwith the 28 days, but if we show is sitting, will they allow Sonia to sit it or just refuse again.

Start again would cost another £2k, and on top of £15k we spent on the wedding, just seems such a poor process.

If appeal and fails, is there any repercussions.

Thinking of getting my MP invlved to assist.

Thanks

[CR001]

Not sure what you believe your MP can do. The applicant failed to meet a mandatory requirement for a spouse visa.

If appeal fails, then just apply again with the English requirement being met. You will be looking at many months apart. It is quicker to reapply.

[Sonia0802]

Thanks, whymany months apart, surely if appeal fails then you can reapply or is there a grace period when you cant.

Re MP, you have obviously not seen the SNP, anything to go against the government as to me its a clear breach of my human rights.

I do appreciate your input and it has been really helpful.

[CR001]

An appeal on its own can take many many months. Then if it fails, you have to reapply and then wait months again.

[Londoner007]

It's not human rights if you have failed to supply required document! It's human error or denial.

It's not no fault of UKVI that you spent £15k on a wedding and then submitted an application which lacked all required docs. The onus is on the applicant to prove their case.

You have been advised what to do, but as you are adamant on appeal - all the best