Appeal

[nitedew]

Hi there, My husband recently applied for spouse visa and his visa has been rejected on the reasons because he did not provide the English language cert that complies with the immigration rules. Also they are saying the marriage is not subsisting.

I am now appealing from UK, I have collected all the evidence proving the marriage is subsisting, i.e. phone calls, photographs etc.

He sits the ILETS exam on the 25th of august, the appeal has to be in by 10th Sept. He will receive confirmation of the cert around the 10th Sept.

I would like to know 2 things, 1st is Please can you tell me what information i write on the appeal form where it says Grounds of Appeal

2nd is If I write English ielts exam taken 25th and certificate to follow, will the revise the decision instead of me attending the oral hearing?

[Casa]

You may well have a problem appealing a correct decision (refusal) regarding the failure to meet the English language requirement at the time of the original application.
I suggest you seek legal advise as to whether you would have a better chance of success if you re-applied.

[Greenie]

They will not revise a decision based on an English language test taken after the date of decision as it is the circumstances at the date of decision that are relevant. The tribunal will also be unable to allow an appeal under the immigration rules in these circumstances either.