ECM asking for English Language Result

[johnj1]

Hello all,

My wife's spouse visa was refused based on not meeting the English Language requirement. When the application was submitted, we submitted her degree notification of result because as at the time of applying her certificate was not ready then. I did appeal stating this reason, In the appeal letter I said that my wife will sit for the IELTS exams, which she did and passed. Yesterday my wife received a call from BHC to come and submit her IELTS result which she did today, I am wondering if the ECM can over turn the refusal decision or will find an excuse saying that that the IELTS in regarded as new evidence, can anyone help?
Thank you

[Lucapooka]

From what you have written, although not obliged to do so, it sounds like they are being munificent and will be accepting the new exam. Otherwise why ask for it?

[johnj1]

@Lucapooka,
Thank you very much, initially that is what I and my wife was thinking, reading from peoples' comments here, I was thinking it will count as new evidence, fingers crossed with prayers, I pray they call her to come and submit her result.

[johnj1]

to come ans submit her passport

[alladin]

Hello all,

My wife's spouse visa was refused based on not meeting the English Language requirement. When the application was submitted, we submitted her degree notification of result because as at the time of applying her certificate was not ready then. I did appeal stating this reason, In the appeal letter I said that my wife will sit for the IELTS exams, which she did and passed. Yesterday my wife received a call from BHC to come and submit her IELTS result which she did today, I am wondering if the ECM can over turn the refusal decision or will find an excuse saying that that the IELTS in regarded as new evidence, can anyone help?
Thank you

Hi,

Could you please share how you appealed? Did you apply as the representative using the IAFT-2 form signed and sent from overseas to UK? Or will it be ok to fax the completed form from overseas?

My wife's visa was refused today because she didn't include the TB certificate, as the wife of settled person. I am currently reading through couple of links available here on how to make an appeal (and checking if it will be a valid case for appeal).

Thanks,
alladin

[Omaricious]

@ johnj1 do u mean by "degree notification of results" the online score? I think i am in a similar situation coz i passed the toefl test and received my results online but haven't got the certificate yet!! I was thinking of applying with the online score report but i think it way too risky init?

[johnj1]

@ johnj1 do u mean by "degree notification of results" the online score? I think i am in a similar situation coz i passed the toefl test and received my results online but haven't got the certificate yet!! I was thinking of applying with the online score report but i think it way too risky init?

Have you received decision from ECO about the outcome of the application?, if not, the ECO might asked you to forward original copy of the result before he/she decide on the application. The worst case scenario will be to refuse, that means you will need to appeal and enclose the copy of the result if you have received it by then. Having said this, I will have expect you to write in your supporting statement when submitting the application that you will forward the original copy to them as soon as you receive it. Either way, if the application is refused because of non inclusion of original result, you still have a good chance of winning the ECM review when you appeal because, submission of original copy will count as additional evidence, not as new. Good luck

[johnj1]

@ johnj1 do u mean by "degree notification of results" the online score? I think i am in a similar situation coz i passed the toefl test and received my results online but haven't got the certificate yet!! I was thinking of applying with the online score report but i think it way too risky init?

To be on safe side, please wait for the original result to come before you applied. You never know what the ECO might decide, and it is very annoying to refuse application on this basis, as it will take time to appeal or to review the case.

[alladin]

@ johnj1 do u mean by "degree notification of results" the online score? I think i am in a similar situation coz i passed the toefl test and received my results online but haven't got the certificate yet!! I was thinking of applying with the online score report but i think it way too risky init?

To be on safe side, please wait for the original result to come before you applied. You never know what the ECO might decide, and it is very annoying to refuse application on this basis, as it will take time to appeal or to review the case.

hi johnj1,

Could you please tell me how you made the appeal. My wife's application was refused for not having TB certificate. Can I appeal online (from the UK) with scanned copies of additional evidence and the refusal letter sent to First Tier Tribunal?

If the case worker sustains original decision, will I be liable for any expenses?

thanks,
alladin