My husbands spouse visa got refused

[lyndsay89]

my husband applied for a spouse visa on 26th june and got it refused on 15th september. He is a citizen of Honduras, in his home country there isnt a British Embassy, so he had to go down to Colombia to apply for his visa. His visa got refused on 3 points

1. English test
2.my income
3. my parents "debt"

my first arguement is that we called up cambridge university to book him to do his ESOL english test in Honduras. the university told us there isnt a test centre in Honduras that does the ESOL English test. so we had that in written and put it in our supporting documents. the UKBA told us in our refusal that it states on their website that there is a test centre in Honduras. So me and my dad was looking on their website and yes it does state that there is a test centre in Honduras. BUT it isnt supported by the UKBA??? so how are we meant to go about that.

2. my income. ive been workin since january 24 hours a week. i gave them my payslips and my bank statement with my savings in it. and plus now i have two jobs so i clearly can support me and my husband.

3. my parents debt. this made us laugh and my lawyer laugh. they told us my parents are in debt in the name of a morgage? to me that sounds like their opinion. every person who owns a house as a morgage.


so my dad has written a review letter as we put in our appeal and now the ECM is going to review our decision. we have stated all the facts on why they refused us and thrown their website back in their face. it says on their website as long as one or both of the parties are working all we need to show is a payslip or savings and i showed both. that was put on their own website. we have also stated about the english test that was on their website. and plus my husband undertook his english test whilst he was in Colombia and passed it with a high B1. and plus my husband has a job offer so we have a signed letter confirming that. the review letter is very good.


what you think the chances are of the ECM overturning our decision as he has nothing to come back to if he wanted to take us to court.( they know we are a legit marriage) and that we love each other. its just the little bits.


how long can it take up to and whats the chances because me and my husband have been apart now 14 months and its killing us. [/b]

[Franko]

Is there no other approved english language test providers in Honduras? I doubt the UKBA will drop this requirement simply because you could not find an ESOL provider in Honduras, could he not travel to somewhere that does provide one of the approved tests?

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

Good luck with your appeal, an ECM review can take as little as 8 weeks but they have 16 weeks to decide to go to full court hearing I belive. A full appeal if successfull can take 9 to 12 months from the date of appeal to visa issued.

It may be wise in the meantime to get your husband to find a way to do an english language test.

[Greenie]

1. Regarding the English test, there is more than one type of test available. Are you saying there is no approved ukba test at all in Hondoras eg IELTS
2. What did they say about your income exactly?
3. What did they say about your parents 'debt' exactly

Circumstances occurring after the decision won't be considered (ie your second job and your husband now passing the English test)

[Franko]

Just found this on UKBA there is no mention of Honduras

Countries where there is no test centre
If you are a long-term resident of a country with no test centre, and you are applying from that country for a visa as a partner, you are exempt from the requirement to have passed an English language test. The list of countries where no test centre is available is subject to change, and currently includes:

Angola² Burkina Faso² Cambodia² Cape Verde² Central African Republic² Chad² Comoros¹ Congo4 Democratic Republic of Congo4 Equatorial Guinea² Eritrea4 Gabon¹ Guinea³ Guinea-Bissau¹ Ivory Coast³ Kiribati¹ Lesotho¹ Liberia³ Madagascar² Maldives¹ Mali5 Rwanda4 Samoa¹ Sao Tome Principe¹ Seychelles¹ Sierra Leone³ Somalia¹ Swaziland¹ Togo¹ Turkmenistan5 Wallis and Futuna Islands¹

[Franko]

http://www.ets.org/Media/Tests/TOEFL/tclists/IBT_h.html

TEFOL iBT Test is provided in Honduras and is on the approved list, your appeal will fail on this ground as an approved test is available.

[Franko]

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

TOEFL iBT Test
ETS
Educational Testing Service

UKBA even provide the link www.ets.org/toefl/register How can you say its not supported? (By PM)

[Franko]

ignore

[Ted]

You employed a lawyer, to assist you with this application? From what ive read you dont fulfill the financial requirements plus you never submitted proof of ability to speak, read and write in english.
Surely your lawyer should have told you your application was doomed from the start?

Not only have you wasted money on a lawyer you have also wasted the application and appeal fee




Sorry but did I miss something

[icetort2012]

My friend wife was on full benefit she was a british citizen and my student was on student visa and not working he just got his visa on the old rules i dont really think the home officeuses the maintanance fees i have my point.