VISA REFUSED OVER WRONG EILTS TEST B2

[Shaziaramis]

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Priority Settlement visa
Online Application submitted : 1st August 2017
biometrics enrolled & Passport submission : 9th August - Islamabad, paid for priority service too on this day.
Supporting documents sent to Sheffield on : 15th August 2017
Supporting documents received back from Sheffield on : 18th September 2017

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Contacted with 'decision made' : N/A
Contacted for Collection : 18/10/17
Collection made : 19/10/17
Decision of Application : Refused due to wrong EILTS TEST
Husband accidentally did the B2 and my solicitor didn't check it.

I Really need help on what to do next as they refused the visa on such a small thing when they could have easily requested a new one. He did the B2 where he scored 6.0 in listening and 7.0 in Speaking.

PLEASE HELP!!

[CR001]

What is the exact wording of the refusal excluding personal information?

[vinny]

Wasn't the test on the approved list?

[Shaziaramis]

What is the exact wording of the refusal excluding personal information?

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Hi Cr001, thank you for your reply. My husband passed his IELTS at a proper approved test centre in Islamabad at PK015 & his scoring was:
Listening: 6.0. Reading 5.5
Writing: 6.0. Speaking 7.0 Date of test given 29/12/2015
Overall band score: 6.0
CEFR Level B2


This is what was written in the refusal notice.




Date 17th oct 2017

Dear xxxxxxx

"Your human rights claim in an application for entry clearance made on 01/08/17 is refused.


What this means for you.

You can appeal this decision. Instructions on how to appeal are In the next steps section of this letter.
The reasons for this decision are set out on the next page."

Yours sincerely

Xxxxx
ECO Sheffield



Suitability
"Your application does not fail for refusal on grounds of suitability under section S-EX of Appendix FM.

Eligibility
Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of section E-ECP OF Appendix FM for the following reasons:

Eligibility relationship requirements
You meet the eligibility relationship requirements of paragraphs E-ECP.2.1 to 2.10

Eligibility financial requirement
You meet the eligibility financial requirements of paragraphs E-ECP.3.1 to 3.4

Eligibility English Language Requirement
You do not meet the eligibility English Labguage requirements of paragraphs E-ECP.4.1 to 4.2 because
in order to meet the English language requirement of paragraphs E-EXP 4.2 you must


Be a national of a majority English speaking country listed in paragraph GEN 1.6

Have passed an English language test (A1 level of Common European Framework) with a provider approved by UKBA and/or hold an academic qualification recognised by NARIC UK to be the equivalent to the standard of a Bacherlo's or Master's degree or PHD in the UK, which was taught in English.


You have submitted an EILTs certificate with your application showing that you have obtained level B2. However, this is not an approved UKVI EILTs certificate with a unique Electronic Reference number. It therefore does not meet the requirements under this category.

I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules. (E-ECP .4.1)"

[metanoia]

B2 is not offered in Pakistan. Your husband must have taken IELTS General Training / Academic. Though passed test score is normally higher than A1 but it needs to be IELTS for UKVI (IELTS SELT Consortium) to be accepted with settlement visa application outside UK.

They should have asked you if you can provide correct test in given time but every ECO is different i guess.

Problem with both IELTS tests provider websites are that IELTS is the first option to choose. Unless you specifically know you need "IELTS for UKVI", mistakes can happen. British council will never mention it to you that if you are applying for settlement visa you need to make sure you are taking IELTS Life skills A1.

I'm sorry i cant offer much comforting words as probably reapplying would be better, because if you have any evidence which was available and you didnt submit at the time of application, it can be presented at the time of appeal and most likely will be accepted.

A1 only takes about 20 minutes and you get results in 7 days. From the look of it people have started getting application decisions quicker these days. I know its more waiting and money spent but best of luck with whatever you decide to do.

[Shaziaramis]

Thank you so much Mentanoi.

your words are very helpful right now, I Appreciate your advice & yes thats what everyone has recommended, and your right it all depends on your Entry Clearance Officer and if he wants to give you the chance to hand another one in, My LUCK!!  

feels as if all my world has come crashing down.

Back to stage one again for me I guess. Frustration at its worst!! When you just about think its all over, Its only the BEGINNING of the nightmare yet to come.

Duah's for you too, May Allah make this easier for you. Ameen.

Why was your refused?

[Shaziaramis]

Also one more question, Do you know if an application has been refused like mine has today.

Can I still use the Priority service again.??

[smarter1]

Can I still use the Priority service again.??

Of course you can.

[Shaziaramis]

Can I still use the Priority service again.??

Of course you can.

Thank you smarter1

[seagul]

I suspect that the root cause of that refusal is your misunderstanding about English language test which has been changed significantly from year 2015. That one you just used it now when it has been changed and not on the list for relevant category.

[metanoia]

Thank you so much Mentanoi.

your words are very helpful right now, I Appreciate your advice & yes thats what everyone has recommended, and your right it all depends on your Entry Clearance Officer and if he wants to give you the chance to hand another one in, My LUCK!!  

feels as if all my world has come crashing down.

Back to stage one again for me I guess. Frustration at its worst!! When you just about think its all over, Its only the BEGINNING of the nightmare yet to come.

Duah's for you too, May Allah make this easier for you. Ameen.


Thank you, so much. I guess that's all we could do right now. I know how you feel, may Allah make it easier and quicker for you.



Why was your refused?
They didn't see any relationship evidence provided except for Marriage certificate when we provided everything and more.

Here is the detailed essay about the refusal

immigration-for-family-members/in-denia ... 41691.html

Also one more question, Do you know if an application has been refused like mine has today.

Can I still use the Priority service again.??

Yes, you can. It is not advisable on VFS website as well as senior members will tell you the same. But i have seen people applying with priority after refusal and got their visa quicker. As in your case only objection was a wrong test result and not doubts on relationship or finances so i dont think your application will be vetted too strictly

[Shaziaramis]

Wasn't the test on the approved list?

The solicitor has showed me proof that they have in the past accepted B2 Academic EILTS test, & that's the reason he had not questioned the one I gave to him. The most recent case accepted three months ago with the exact same certificate as my husband. So I'm guessing it just depends on the ECO handling your case & your luck.

[CR001]

Wasn't the test on the approved list?

The solicitor has showed me proof that they have in the past accepted B2 Academic EILTS test, & that's the reason he had not questioned the one I gave to him. The most recent case accepted three months ago with the exact same certificate as my husband. So I'm guessing it just depends on the ECO handling your case & your luck.

Was this 'case' for a spouse settlement visa or another category? Not all categories of visas have the same requirements.

[Shaziaramis]

Can I still use the Priority service again.??
[/quote]

Yes, you can. It is not advisable on VFS website as well as senior members will tell you the same. But i have seen people applying with priority after refusal and got their visa quicker. As in your case only objection was a wrong test result and not doubts on relationship or finances so i dont think your application will be vetted too strictly
[/quote]

Thank you & yes some cases are dealt with much quicker. I've noticed people with the worst immigration history tend to get their responses even faster with the priority service & mostly Granted. A lot of visas getting refused and flogged off with petty reasons. ( NEXT!! ) lol

[seagul]

I suspect that the root cause of that refusal is your misunderstanding about English language test which has been changed significantly from year 2015. That one you just used it now when it has been changed and not on the list for relevant category.