ILR wife visa refused- UKNARIC - Urgent Please

[scalydk]

Hi
I am in UK working as Engineer.Recently applied for my wife visa(from india) and they refused it stating the below reason :
UK NARIC certificate not submitted.
While doing application I have attached Degree certificate and Transcript certificate(Bsc and Msc). Also I confirmed from the UKBA india customer care, and they confirmed that it will be OK with Transcript certificate.

It is mentioned that i can make a appeal.UKBA has advised me to refer UK immigration rule i(a), V, Vi of UK immigration rule.

My query:
1. How can make a good appeal? whether I should make a blame to UKBA or stay in a neutral positon.
2.I am applying for NARIC for the fast track service. Should i aslo ask my wife to appear for IELTS ? (But IELTS will take months to get the final certificate) ?
3.Or whether i should apply for new application?(will there be a problem with the new rule from July 12, for the spouse visa)?

My wife is alone in India, and I cannot go india, because all my paid holidays are over in UK.

Can somebody help me to sort out this situation in best way to get the positive result.

I will highly oblige to get a appropriate and sensible reply from anybody in the forum.

PLease advise

Many Thanks
D

[asim72]

Your wife's application was doomed from the word GO.
It was bound to fail without UK naric certificate, and it was correctly refused.

You can appeal, but appeal will fail too. There does not exist a way to win this appeal. This appeal right is a statutory right, and in your case has no practical benefit to you.

Any new application will offcourse be dealt with under the rules in force on the date of application.

[scalydk]

Your wife's application was doomed from the word GO.
It was bound to fail without UK naric certificate, and it was correctly refused.

You can appeal, but appeal will fail too. There does not exist a way to win this appeal. This appeal right is a statutory right, and in your case has no practical benefit to you.

Any new application will offcourse be dealt with under the rules in force on the date of application.

I appreciate your quick reply. Very disappointed with answer(not with you). But can you imagine, Im newly married person, if I apply under new rule, how can i stay apart from wife for two years(after 9th july there is a two year probationary period criteria...If I am correct). My relationship will be ruined.
I had confirmed from VFS customer care in India and they agreed with the degree and transcript certificate. Also the PBS shows the university where my wife took education with full points in english proficiency and good points for the institute.
Can there be any grounds where i can make a sound appeal. I will be grateful to know any solicitor. Thank you so much.

[asim72]

Assume that William Shakespeare was living in India and teaching english to your wife in her university, and William Shakespeare writes her mark sheets and transcripts with his own hands and certifies that your wife is the most knowledgeable and literate person of the english language, to have ever existed in the world.

Your wife then travels to england, and is granted an honorary doctorate by oxford because she is the top "english language" expert ever to have existed in the world.

Even then her application would get refused, and her appeal will be dismissed, because she did not meet the requirement of immigration rules. I think you haven't yet gathered how courts function in UK. Court can over rule a decision if the rules was wrongly applied, or it was legally an incorrect decision somehow. Pleading with a judge does not work. The judge will decide on point of law, and the point is that you did not meet a specific and clear requirement under the immigration rules. You will loose a fortune, and your hearing will be over in 5 minutes and the outcome will be a dismissal. Only a solicitor who is on drugs or just pure greedy will take on your case.

Now, how on earth you get the idea that you will have to stay away from your wife? Once she gets the visa, she simply gets a plane ticket and comes to UK, simple.

[scalydk]

[quote="asim72"]Assume that William Shakespeare was living in India and teaching english to your wife in her university, and William Shakespeare writes her mark sheets and transcripts with his own hands and certifies that your wife is the most knowledgeable and literate person of the english language, to have ever existed in the world.

Your wife then travels to england, and is granted an honorary doctorate by oxford because she is the top "english language" expert ever to have existed in the world.

Even then her application would get refused, and her appeal will be dismissed, because she did not meet the requirement of immigration rules. I think you haven't yet gathered how courts function in UK. Court can over rule a decision if the rules was wrongly applied, or it was legally an incorrect decision somehow. Pleading with a judge does not work. The judge will decide on point of law, and the point is that you did not meet a specific and clear requirement under the immigration rules. You will loose a fortune, and your hearing will be over in 5 minutes and the outcome will be a dismissal. Only a solicitor who is on drugs or just pure greedy will take on your case.

Now, how on earth you get the idea that you will have to stay away from your wife? Once she gets the visa, she simply gets a plane ticket and comes to UK, simple.[/quote]

Hi
Thanks for your answer again. I definitely like your last line.
If i apply for a new visa under new rules, there will be a probabtionaly period of two year, which will make us to stay away for two years as a probabtionary period as per new rules! That was my main concern.
Or can i apply for any other visa(like student, visiting) and bring her to UK. (And then eventually apply for a dependent visa doing a court marriage in UK aswell).
Regards
D

[asim72]

MERA BHARAT MAHAN

No wonder India is a third world country, when even educated people like you have not the slightest idea of what they are talking about.

Have you managed to make sense of any of the information you have been looking at?

Can you please post the link to where you found your information specifically that you have to live 2 years (or any period of time) apart?

Browsing this forum would help. Hope you realise after living so many years in UK, that things work on rules/regulations and not what you may be cooking in your Indian mind.

(BTW my mind is Indian too, somewhat
)

[scalydk]

[quote="asim72"]MERA BHARAT MAHAN

No wonder India is a third world country, when even educated people like you have not the slightest idea of what they are talking about.

Have you managed to make sense of any of the information you have been looking at?

Can you please post the link to where you found your information specifically that you have to live 2 years (or any period of time) apart?

Browsing this forum would help. Hope you realise after living so many years in UK, that things work on rules/regulations and not what you may be cooking in your Indian mind.

(BTW my mind is Indian too, somewhat
:cry: )[/quote]


I did confirmed from customer care for the degree and transcript, before applying.

I believe while submitting they could have informed us about the NARIC mandatory requirment.

Please check this link.

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

Page 26/71 (point 105).

Regards
D

[asim72]

Read para 105.

It saysettlement will take 5 years. Your wife won't be applying for settlement, will she? Settlement is ILR. Read the next line in the same para.
She will get two 30 months visas before she applies for settlement aka ILR.

JAI HIND

[scalydk]

[quote="asim72"]Read para 105.

It saysettlement will take 5 years. Your wife won't be applying for settlement, will she? Settlement is ILR. Read the next line in the same para.
She will get two 30 months visas before she applies for settlement aka ILR.

JAI HIND[/quote]

Many Many thanks for clearing my misunderstanding.I was totally wrong.
There is a also mentioned "in entry clearance cases, an initial period of 33 months will be granted to allow time for the applicant to make the necessary arrangements to travel to the UK".
What does it mean to be?

DO you reckon for me to apply as a new visa and not the appeal.?

Can i make any fasttrack application??

I really appreciate your time for replying me.
Thanks
D

[asim72]

I have told you the position as best as possible, now its down to you what you want to do.

Fast track is something that does not exist in visa applications.

[scalydk]

[quote="asim72"]I have told you the position as best as possible, now its down to you what you want to do.

Fast track is something that does not exist in visa applications.[/quote]

Thanks for the all the advise and time given.

Regards
D

[wiqram]

this forum made my day !!

Although, i pity him for all the unnecessary pain that he was going through by thinking he will have to be away from his wife for two years !!!

but nonetheless, you guys, forum moderators and senior members are very helpful. all this work for no pay, hats off to you guys !!!