Appeal Status - Clarification

[venkat1]

My wife's settlement visa from India was refused on the basis of English Language requirement. Her engineering degree was listed on point based calculator. But they refused on the basis that university certificate does not show that degree was taught in English.

We made an appeal in December. We sent an e-mail to customer service requesting for status and we had the response as follows on today:
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Tribunal Appeal Number: OA/xxxxx/xxxx

Thank you for your e-mail.

We can confirm that the Tribunal has received an appeal and the reference number is quoted above. We can also confirm to you that the payment has now transferred successfully into our Tribunal’s bank account.

The Immigration & Asylum Chamber will send notification to all parties to the appeal confirming the immigration status in due course. Until such time you do not need to contact us again, unless there is a change in your circumstances
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a) Is any one knows what did the above status means. Is it mean the appeal is under review by ECM or is yet to be sent to ECM for review ?

b) This time with the appeal we have provided UKNARIC certificate and letter from university that degree is been taught in English. Is there any chance that our appeal will be through soon as it was never stated in UKBA website stating that we need a letter from university in case of degree recognized by points based calculator ?

It is really appreciated if someone can clarify on the above points ?
Thanks in advance.

[MPH80]

Sorry - I'm confused.

In all your previous posts - your wife's status was refused due to a lack of a su07 form.

Now it's English language?

Assuming you applied under the July 9th rules ... this is the requirement

31. Evidence of an academic qualification (recognised by NARIC UK to be equivalent to the standard of a Bachelor's or Master's degree or PhD in the UK) and was taught in English must be either:

(a) A certificate issued by the relevant institution confirming the award of the academic qualification showing:

(i) the applicant's name;
(ii) the title of award;
(iii) the date of award;
(iv) the name of the awarding institution; and,
(v) that the qualification was taught in English

Or,

(b) If the applicant is awaiting graduation or no longer has the certificate and cannot get a new one, the evidence must be:

(i) an original academic reference from the institution awarding the academic qualification that;

(1) is on official letter headed paper;
(2) shows the applicant's name;
(3) shows the title of award;
(4) confirms that the qualification was taught in English;
(5) explains when the academic qualification has been, or will be awarded; and
(6) states either the date that the certificate will be issued (if the applicant has not yet graduated) or confirms that the institution is unable to re-issue the original certificate of award.

or

(ii) an original academic transcript that

(1) is on official letter headed paper
(2) shows the applicant's name;
(3) the name of the academic institution;
(4) the course title;
(5) confirms that the qualification was taught in English; and,
(6) provides confirmation of the award.

M.

[venkat1]

The visa refused under the following two reasons:
a) SU07
b) English Language requirement

We submitted application in August -2012.

I am not really concerned about SU07 as they should have contacted the applicant if it wasn't provided during application.

My concern is about English Language.

a) can any one advise if there is a chance of our appeal goes through ok without hearing ?

b) What did the above status means. Is it means it is gone to ECM review or yet to be sent to ECM review ?

Please advise

[MPH80]

Well ok - I'll take a stab.

a) I don't think there is ... because according to the rules - they've been applied correctly. You submitted a certificate which didn't confirm the course was taught in English and you didn't supply a letter confirming that the certificate couldn't be re-issued. In fact - it doesn't even make mention of the degree being in the calculator as being considered acceptable.

They MIGHT choose to accept your new letter, but as I said - the rules do say the letter has to confirm the certificate can't be reissued.

b) No idea - according to the UKBA website - it's the first step in an appeal - so I'd imagine it's in process.

Someone else might correct me.

[venkat1]

Thanks for the reply.

As per the link below link they stated that degree certificate is sufficient and hasn't asked for a letter from university.

I am not really debating but just trying to understand the chance of my appeal going through ok. Thanks for your time in reading.

http://www.ukba.homeoffice.gov.uk/sitec ... icants.pdf
The below details are on the above link:
What evidence do I need to supply about my degree/PhD?You will need to supply the original certificate issued by the relevant institution confirming the award of the academic qualification.
What evidence is needed to show my degree/PhD was taught in English?If an academic qualification has been taught by one of the majority English speaking countries listed above, with the exception of Canada, we will assume it to have been taught in English.
If an applicant claims that they have completed an academic qualification taught in English, they must provide the original academic qualification certificate (provisional academic qualification certificates are not acceptable),
showing:
• the applicant’s name;
• the title of award;
• the date of award; and
• the name of the awarding institution

How can I check if my degree/PhD meets the criteria for the English language requirement before I make an application?You can check this using the Points Based Calculator which can be located at the following UK Border Agency web address:
http://www.ukba.homeoffice.gov.uk/pointscalculator

[MPH80]

I think the Q&A are out of date:

These are the OLD requirements - and they conform to that PDF

__ __(v) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and

(1) provides the specified evidence to show he has the qualification, and

(2) UK NARIC has confirmed that the qualification was taught or researched in English, or

__ __(vi) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and provides the specified evidence to show:

(1) he has the qualification, and

(2) that the qualification was taught or researched in English.

As with all things - the rules override any information published on any website.

[flyguy]

Looks like the case has gone to the appeal process. And passed the officer review process.

You will recieve letters in due course if you would like a verbal or paper based appeal process. Expect a minimum of 3 to 4 months wait i would guesstimate.

[venkat1]

Thanks.

When you say that passed officer review process, what does that really means ?

Is it already went through ECM review and they haven't overturned it ?

My understanding is that the case is yet to go for ECM review. Is it correct.

Thanks for your time in responding to my queries.

Regards

[Greenie]

Looks like the case has gone to the appeal process. And passed the officer review process.

You will recieve letters in due course if you would like a verbal or paper based appeal process. Expect a minimum of 3 to 4 months wait i would guesstimate.

he has only just appealed so it is unlikely to have undergone the ECM review already, if that's what you mean.

[flyguy]

My thinking is the ECM review has been done or is not applicable and he/she has passed it to the Tribunal therefore kicking off the appeal proces. The ECM has not made a error of judgement so it has headed of to the appeal process.


As you can see a Tribunal Appeal Number has been generated as well.


"Tribunal Appeal Number: OA/xxxxx/xxxx

Thank you for your e-mail.

We can confirm that the Tribunal has received an appeal and the reference number is quoted above. We can also confirm to you that the payment has now transferred successfully into our Tribunal’s bank account."

[flyguy]

Just to clarify your question - Is it already went through ECM review and they haven't overturned it ?

The application was proberley put in front of the ECM or the ECM's Manager for a quick review and the ECM has not overturned their decision. Therefore it has entered the Tribunal process (appeal). The clues are a Tribunal reference number has been generated, you got a letter from the Tribunal.

Your options are in my opinon - wait out the appeal process - can take many months even on a paperless appeal (3-4 months for a strightforward case) or hearing +6 months. Or submit a fresh application........