Spouse visa refused based on English test (Degree Qualified)

Shizzle · Post by **Shizzle** » Sat Oct 13, 2012 12:15 am

Urgent Help Needed.
Any views will be greatly appreciated.
My wife's visa was refused after nearly 6months because she didn't write the English Exam. We read from the website that if the applicant has a degree taught in English she is exempt from the English Test. So we added her Degree Certificate and Transcript as well as all the other documents required and She was refused.

That was the only reason of refusal and we didn't realise not until the refusal that there was a list of countries that the degree should be acquired from to be exempt from the test. My problem is the next available date for the test is in the middle of January next year so we decided to get the English Language assessment from UK NARIC to support our appeal process.

We are not sure if the appeal will be refused because we acquired the English test assessment from UK NARIC after the decision and if there is anything else we need to do other than that. For we cannot wait to be delayed in doing the appeal and getting denied and had to go through all this again.

Please Help.... Thanks in Advance

Post by **geriatrix** » Sat Oct 13, 2012 3:45 pm

Shizzle wrote:we decided to get the English Language assessment from UK NARIC to support our appeal process.

What assessment is that? Statement of comparability? If so, it doesn't certify that the qualification meets the CEFR A1 standard (requirement) but only that the qualification is comparable to a UK qualification of certain level.

If the PBS calculator does not award 10 points (under English language section) for the qualification in question then the only option is write one of the approved tests.

dhanz · Post by **dhanz** » Sun Oct 14, 2012 5:19 pm

You can apply for both comparability statement and English language assessment of your degree. It takes 15 business days to get those statement. In case of comparability statement UK NARIC provides fast track services of 24 hrs and 48hrs bit expensive though. commonsense made me think that theses evidences counts as additional evidences rather than new evidence since ur degree has been awarded prior to the date of lodging your application. Seems we are in same boat.Good luck!

Shizzle · Post by **Shizzle** » Tue Oct 30, 2012 12:14 am

sushdmehta wrote:
Shizzle wrote:we decided to get the English Language assessment from UK NARIC to support our appeal process.
What assessment is that? Statement of comparability? If so, it doesn't certify that the qualification meets the CEFR A1 standard (requirement) but only that the qualification is comparable to a UK qualification of certain level.

If the PBS calculator does not award 10 points (under English language section) for the qualification in question then the only option is write one of the approved tests.

The UK border Agency accepts UK NARIC English Assessment Statement to prove that the degree was thought in English and the proficiency level at which the candidate is at. Someone holding the English assessment from UK NARIC basically exempts him'her from writing the test. The English Assessment certificate from UK NARIC. It also states CEFR level a person is on the statement as well.

But adding the comparability test from my point of view will just boost your chances in an appeal case like mine that's the reason why I chose to add the comparability test too. Cheers!

mirabeelz · Post by **mirabeelz** » Fri Mar 29, 2013 1:16 am

Hi everyone

I applied for UK spouse visa on July 3rd 2012 and on October 15th I received my decision and I was not allowed entry because I didnt meet theEnglish requirement.As part of my evidence to meet the English requirement I added my Bsc degree certificate,English proficiency letter from my university,my school's four year transcript and a printed out PBS calculator which clearly showed I score 10 points and knowing that the calculator is an extension of UK NARIC operation I was more than confident I had met the rule.After reading my refusal notice it became more real to me that the PBS print out I added wasn't recognized and so I applied to UK NARIC two days after my refusal and on fast track service I got a confirmation letter from UK NARIC that my Bsc degree is of equivalent to British standards.A day after this letter I appealed with the UK NARIC letter and my school's particulars on October 18th.my appeal fee was taken up and I received a letter from AIT in December that my appeal bundle has been sent back to the UKBA:the visa office for the ECM to review within 19 weeks.I have since then not heared anything again and I am so frustrated and anxious.I do know 19 weeks are not yet up but I would like to know from you honorable members on this forum if the UK NARIC letter is an ADDITIONAL or NEW evidence because I know new evidence are not allowed in appeals and also is it possible I can get the refusal to be overturned at review stage??the ECO stated in my .refusal letter that I am strongly advised to add any additional supporting document which can help resolve the situation at review level and doesn't go into appeal

johnj1 · Post by **johnj1** » Fri Mar 29, 2013 8:20 pm

From my experience, if the date on NARIC letter indicates the date after the decision was made, it will count as new evidence, therefore, the appeal will fail, as the ECM will have expect you to provide this evidence during your application.

laxmi.bm · Post by **laxmi.bm** » Sun Mar 31, 2013 11:44 am

Hi Meerabelz, Just read your post regarding the documents you've provided to meet the English language requirement .

I have applied for spouse visa on 11th Jan' 13 . Hopefully I'll get to know soon from UKBA. To meet the English language requirement, I've applied the following docs-

1. Degree Certificate
2. Transcript
3. Letter from my university stating that the degree was taught in English (duration and course) signed by registrar.

May I know if this is the same English proficiency letter from university you mentioned ? I'm wondering why is PBS needed since I doubt its applicable for the spouse visa. ( Correct me if I'm wrong )

Did I miss out on UK NARIC letter? Please help !!

laxmi.bm · Post by **laxmi.bm** » Sun Mar 31, 2013 12:00 pm

Hi Meerabelz, Just read your post regarding the documents you've provided to meet the English language requirement .

I have applied for spouse visa on 11th Jan' 13 . Hopefully I'll get to know soon from UKBA. To meet the English language requirement, I've applied the following docs-

1. Degree Certificate
2. Transcript
3. Letter from my university stating that the degree was taught in English (duration and course) signed by registrar.

May I know if this is the same English proficiency letter from university you mentioned ? I'm wondering why is PBS needed since I doubt its applicable for the spouse visa. ( Correct me if I'm wrong )

Did I miss out on UK NARIC letter? Please help !!

mirabeelz · Post by **mirabeelz** » Sun Mar 31, 2013 1:35 pm

To laxmi

First of all allow me remind you that all cases are different so are ECO.back to question,the UK NARIC assessment letter are apparently for those degrees from countries who do not appear on the list of UKBA website to be exempt from the English requirements because those countries are recognized worldwide as English speaking countries and officially degrees obtained from these countries are regarded as equivalent to British standards.if your country doesn't appear on the list then you are expected to contact UK NARIC for them to assess your degree and grant you a letter to the UKBA to prove your degree is equivalent to British standards.in my cases I knew of this and so in my original application I added my degree cert,four year course transcript an English proficiency letter from my university and a printout of PBS calculator showing I score. 10 point for my degree.this PBS calculator is online and operated by UK NARIC. And so little did I knw I could get busted by the ECO.I have since not heared about my review.I do know some got their visas without the uk NARIC letter but the truth is immigration laws are when you get to be faced with it by some ECO and refuse you entry.just be hopeful and know you will be ok and all the best. hope iv been able to answer u well.scoring 10 point with your degree means degree certificate is equivalent to British standards..

mirabeelz · Post by **mirabeelz** » Sun Mar 31, 2013 1:40 pm

Laxmi
The PBS calculator is NOT applicable to spouse visa but the English assessment part on the calculator helps you to know if your degree acquired from a country which is NOT on the UKBA English speaking country lists is equivalents to British standards.and so after my refusal I was more than hopeful to apply to UK NARIC to assess my degrees and in two days they confirmed it to me I was right about my degree,a letter to confirm my degree is equivalent to UK standards.I do hope you understand now.

mirabeelz · Post by **mirabeelz** » Sun Mar 31, 2013 2:00 pm

To johnj

I do realize you do have experience but I have received a correspondent from a barrister I wrote to some month back to enquire about this additional and new evidence thing wrote back that since I mentioned my degree certificate in the original application and submitted the certificate during my appointment, anything that further explain my degree is additional because those clarification are called omittion and are treated as additional evidence and not new and further went on to say if I had gone to write an english test and appealed with that test that would have been new.I just want to know how true this is?????.thanks alot

johnj1 · Post by **johnj1** » Sun Mar 31, 2013 7:38 pm

@Mirabbelz, Are you a native of country that is exempted from writing English test?, if so, you will be fine with your appeal, but if not, if at all you write and pass English test after the decision, this will be regarded as new evidence.

dhanz · Post by **dhanz** » Mon Apr 01, 2013 4:13 pm

Hi Mirabeelz
I had a similar Experience as u had.My application was refused due to the non submission of UK NARIC statement of comparability and i managed to get a comparability statement in fast track and appealed . It cant be a new evidence since there is no materiel changes of circumstances. Your degree has been awarded prior to the decision made.so its just an additional evidence to support ur previously submitted documents. So relax. I would be more than happy to let u know my original decision has been overturned by ECO before the dead line ends.Applied visa on 30/05/12 .refused on 1/10/12. appealed on 25/10/12. I was given a deadline for ecm to respond by 2013 March 27. On 15th March I received a call from BHC informing me my appeal is in my favor and asked for e mail id to send me Decision overturned letter explaining how and where to submit passport etc. I submitted my passport at VFS on 18/03/13 and received the passport on 26/3/13with visa stamped for 27 months as per old rule.Hurahh . all is well .so get ready for submitting ur passport ...u will be getting a call or mail soon.. Cheerz ...start planning the future

mirabeelz wrote:To johnj

I do realize you do have experience but I have received a correspondent from a barrister I wrote to some month back to enquire about this additional and new evidence thing wrote back that since I mentioned my degree certificate in the original application and submitted the certificate during my appointment, anything that further explain my degree is additional because those clarification are called omittion and are treated as additional evidence and not new and further went on to say if I had gone to write an english test and appealed with that test that would have been new.I just want to know how true this is?????.thanks alot

mirabeelz · Post by **mirabeelz** » Tue Apr 02, 2013 3:35 pm

To dhanz

You have no idea how much those words you wrote to me affected me positively.For the time in a long while you got me to smile today.finally getting someone who has been in my same situation and coming out a success is the best news iv received today,lol. Thank you very much and congratulations upon acquiring your visa.thanks alot.will sure keep you updated, does if you will be around to see,lol..all the best.am now going to do the waiting more relaxed and not anxious,thanks to you..

dhanz · Post by **dhanz** » Wed Apr 03, 2013 3:10 pm

Hey...
I am so happy to know that my worlds could make a curve on ur face!!....Stay cool..you got the visa!

mirabeelz wrote:To dhanz

You have no idea how much those words you wrote to me affected me positively.For the time in a long while you got me to smile today.finally getting someone who has been in my same situation and coming out a success is the best news iv received today,lol. Thank you very much and congratulations upon acquiring your visa.thanks alot.will sure keep you updated, does if you will be around to see,lol..all the best.am now going to do the waiting more relaxed and not anxious,thanks to you..

samar0001 · Post by **samar0001** » Fri Apr 05, 2013 4:50 pm

Hi All,

I had a comparable UK NARIC letter for degree from India.

The documents submitted were only transcripts as final certificate was not available.

So when letter received:

On letter it say it is equivalent to UK Bachelors degree but in Additional information they mentioned final certificate not submitted.

Do you think its going to be a issue.

london456 · Post by **london456** » Fri Apr 05, 2013 9:37 pm

Hi All,

My wife visa was refused due to not submitted the original degree or Naric letter. Now she got her original degree and Naric in hand, planning to go for appeal. Is it advisable to go for appeal? any suggestions please

thanks in advance

mirabeelz · Post by **mirabeelz** » Fri Apr 05, 2013 10:28 pm

@London456
If you have them it's advisable you appeal real quick and all the best..its for the best.if you read the above messages am sure you understand why am saying you should.

mirabeelz · Post by **mirabeelz** » Fri Apr 05, 2013 10:47 pm

To samar0001

This technically should not be an issue but with immigration rules it does rise a certain question which you should address before they and when I say they I mean UKBA gets to ask it .They do give preference for those whose degree certificate are not ready to use their transcript and so once you write and explain to them why it wasn't available during NARIC assessment am pretty much sure you won't get toasted,lol.But please do inquire more about it before you make any move ,just to be on the safer side.all the best.

london456 · Post by **london456** » Fri Apr 05, 2013 11:14 pm

@mirabeelz

Thanks for your quick reply. Will apply for appeal and hope for the best.

will let you know the progress after appeal
Thanks

mirabeelz · Post by **mirabeelz** » Sat Apr 06, 2013 7:59 am

@London456
Don't mention because that was nothing.just keep being hopeful and like dhanz said to me. You will get your visa..

mirabeelz · Post by **mirabeelz** » Sat Apr 06, 2013 9:53 am

@London456
Don't mention because that was nothing.just keep being hopeful and like dhanz said to me. You will get your visa..

angel62 · Post by **angel62** » Tue Apr 16, 2013 4:01 pm

Dear all
I need to write a letter that should be signed by my prof. to proof that all instructions in my college are by English.
Anyone have a sample letter.
Please post it.

mirabeelz · Post by **mirabeelz** » Thu Apr 18, 2013 11:17 am

@angel62
This is not a sample letter but a suggestion
Dear sir/madam
A letter to request for a confirmation that my acquired degree certificate was al instructed in English

By this letter I would like to request for a letter to the british high commission to confirm that all my instructions in college were done in English.
This Will help me meet a requirement to enable me acquire a visa.
Counting on your cooperation i do hope all necessary assistance would be given me in acquiring this letter.
Thank You
SORRY ABOUT THE DELAY IN REPLYING.
All the best.
I do hope this get to be of some sort of help

angel62 · Post by **angel62** » Fri Apr 19, 2013 2:27 pm

Thaxs 4 ur reply.

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