Fiance visa refused on english test can we appeal

[joji22]

Hi, My fiancee visa is refused for not submitting UKVI ielts as she did general Ielts, we have right to appeal and now she has done UKVI ielts but I've been told we can't submit new ielts certificate to appeal and decision was right as we submitted the wrong type of certificate.

Does anyone had appealed in same situation and have any thoughts please? How long does it takes for appeal process please?

[Obie]

Hi, My fiancee visa is refused for not submitting UKVI ielts as she did general Ielts, we have right to appeal and now she has done UKVI ielts but I've been told we can't submit new ielts certificate to appeal and decision was right as we submitted the wrong type of certificate.

Does anyone had appealed in same situation and have any thoughts please? How long does it takes for appeal process please?

As a matter of law that is not correct, as upon appeal those factors can be considered as a judge will be assessing human right as it is at the time of the hearing. It is not a new matter, that you will need permission from the Home Office to have heard.

[seagul]

Hi, My fiancee visa is refused for not submitting UKVI ielts as she did general Ielts, we have right to appeal and now she has done UKVI ielts but I've been told we can't submit new ielts certificate to appeal and decision was right as we submitted the wrong type of certificate.

Does anyone had appealed in same situation and have any thoughts please? How long does it takes for appeal process please?

Refusal is correct. Swift & easiest will be to re-apply with correct test because with appeal you might eventually more expense with lengthy stress. A lot threads about it.

[vinny]

Refusal may have been unlawful.

[joji22]

Really appreciate everyone's response and it'll great to hear from someone who has dealt with similar situation.

On ukba website states
"Take an approved English language test
You can prove your knowledge of English by passing an approved English language test with at least a CEFR level A1 in speaking and listening.

If you want to settle permanently in the UK within 5 years
If you took the CEFR A1 when you first applied for your visa, you’ll need to take a CEFR A2 test when you apply to stay after 2.5 years.

If you did not need to do the CEFR A1 when you first applied for your visa but you need to do it now, you’ll need to pass it when you apply to stay after 2.5 years."

and on her certificate says CEFR B1 which is higher level than A1. on these basis I'm considering going to appeal..