Fiance visa refusal

[Katie_France]

Yesterday on the 43d business day of Priority Fiance Visa Application I received a refusal.

Rejection letter (which was attached to the Decision made email)

Dear ***
Your human rights claim in an application for entry clearance made on 16/11/2017 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

REASONS FOR REFUSAL
On 16/11/2017 you made an application for entry clearance to the UK under Appendix
FM to the Immigration Rules on the basis of your family life with your partner ***

Your application has been considered under those Rules, and with reference to Article 8
of the European Convention on Human Rights (ECHR). The relevant Immigration Rules
can be viewed on gov.uk here: www.gov.uk/guidance/immigration-rules.
This decision takes into account as a primary consideration the best interests of any
relevant child in line with section 55 of the Borders, Citizenship and Immigration Act
2009.
We have considered your application under paragraph EC-P.1.1. of Appendix FM.
However, you do not qualify for entry clearance under the 5-year partner route for the
following reasons:
Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC 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 Requirement
You meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.
Eligibility Financial Requirement
You meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4.
Eligibility English Language Requirement
You do not meet the eligibility English language requirement of paragraphs E-ECP.4.1. to
4.2. because:
You are not exempt from the English language requirement under paragraph E-ECP.4.2.
In addition, you are not a national of a majority English speaking country listed in
paragraph GEN 1.6 and have not passed an English language test (A1 Level of Common
European Framework) with a provider approved by UKVI and/or do not hold an academic
qualification recognised by NARIC UK to be the equivalent to the standard of a
Bachelor’s or Master’s degree or PhD in the UK, which was taught in English. You have also not provided any details that there are any exceptional compassionate
circumstances that would prevent you from meeting the English language requirement.
In support of your application you have provided an IELTS General Training certificate issued on 04/06/2016; however this which is not an English language test which is approved by the Secretary of State for the purposes of settlement. Every English language test taken on or after 6 April 2015 by a partner or parent applicant must meet the new requirements in respect of the approved tests, providers and secure test centres offered by Trinity College London or the IELTS SELT Consortium.
I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.4.1)
Exceptional Circumstances
MUST We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM
as applicable, whether there are exceptional circumstances in your case which could or would render refusal a breach of Article 8 of the ECHR because it could or would result in unjustifiably harsh consequences for you or your family. In so doing we have taken into account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant child as a primary consideration.
You have provided no information or evidence to establish that there are any exceptional circumstances in your case.
Refusal under the Partner Rules
In light of the above, your application is refused under paragraph D-ECP.1.3.of Appendix FM with reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance on the 5-year partner route, or on the 10-year partner route on the basis of exceptional circumstances, under Appendix FM.

NEXT STEPS
RIGHT OF APPEAL
You have 28 days from the date you receive this decision to appeal. Information on how to appeal, the appeal process and the fees payable are all available online at:
https://www.gov.uk/immigration-asylum-t ... ide-the-uk
If you want to seek legal advice you must do so now.
IMMIGRATION HEALTH SURCHARGE
If you have paid the Immigration Health Surcharge it will be refunded. You may need to pay again if any appeal is successful.

[Obie]

English language requirement unmet.

It is a bit of money to throw down the drain, you must seek legal advise to ensure the requirements are met.

[Katie_France]

English language requirement unmet.

It is a bit of money to throw down the drain, you must seek legal advise to ensure the requirements are met.

Obie, I submitted IELTS for UKVI General Training Test, taken in GBS02, approved London West British Council with the result of Listening 8.0, Reading 8.0, Writing 7.0 and Speaking 8.0

[Obie]

Was it SELT test. That is the most important question.

[Katie_France]

Yes, it was. It was special IELTS for UKVI, I have a special Test report for that and it was done with the approved provider.

[Obie]

Then the refusal is unlawful and an appeal must follow.

[Katie_France]

In the Candidate Details I have UKVI number both with my name and passport number.

There is also Test report form number.

[Katie_France]

Appeal takes around 8 months. Are there any other ways to address this unlawful rejection?

[Obie]

Appeal takes around 8 months. Are there any other ways to address this unlawful rejection?

Sometime it does not take that long, as ECO decide to overturn their own decision.

You risk another refusal if you reapply.

[Katie_France]

Let's say if we appeal, and it takes for example 8 months, are they going to return the cost of Priority application than, if it was their mistake?

[Katie_France]

And who is going to be punished for their mistake? Us again, as soon as we can't live together

[seagul]

English language requirement unmet.

It is a bit of money to throw down the drain, you must seek legal advise to ensure the requirements are met.

Obie, I submitted IELTS for UKVI General Training Test, taken in GBS02, approved London West British Council with the result of Listening 8.0, Reading 8.0, Writing 7.0 and Speaking 8.0

I think Ielts general training is not on list for spouse visa rather ielts skills for life is needed. I know you acheieved excellent score but unfortunately caseworker is chained to see only test from list.

[Ballmigirl17]

Katie,

You must appeal straight away. I know how you feel I am in the same boat, my fiancé was refused because I don’t meet the financial requirement and I do and bills were apparently not submitted to prove we cohabited but they were. But no one is taking responsibility for the mistakes and unfortunately no one pays the price for Putting us through hell.

We appealed a month ago so still waiting.

If you have a solicitor involved they can write a letter to ask for a reconsideration and also worth getting your local MP involved too. An MP has more rights than you or your solicitor to get answers

I am so sorry that they have treated you this way, it frustrates me so much that they get away with it every single time!!

I hope it works out for you.

[sam550]

In the Candidate Details I have UKVI number both with my name and passport number.

There is also Test report form number.

Why don't you got for Administrative review, from what you have told it is 100% ECO error.

I would rather go for Administrative review at the same time as Tribunal appeal just to stay on a safe side.

[Katie_France]

English language requirement unmet.

It is a bit of money to throw down the drain, you must seek legal advise to ensure the requirements are met.

Obie, I submitted IELTS for UKVI General Training Test, taken in GBS02, approved London West British Council with the result of Listening 8.0, Reading 8.0, Writing 7.0 and Speaking 8.0

I think Ielts general training is not on list for spouse visa rather ielts skills for life is needed. I know you acheieved excellent score but unfortunately caseworker is chained to see only test from list.

seagul, the immigration rules state "The minimum standard an applicant in the partner or parent routes must meet is, as appropriate, level A1 or A2 of CEFR in speaking and listening skills. If they wish, applicants can pass an approved test at a higher level to meet the requirement which applies to their application."

It should be a SELT test, this is important, doesn't matter which one.

[Katie_France]

In the Candidate Details I have UKVI number both with my name and passport number.

There is also Test report form number.

Why don't you got for Administrative review, from what you have told it is 100% ECO error.

I would rather go for Administrative review at the same time as Tribunal appeal just to stay on a safe side.

sam550, how can we go for administrative review? we were only granted right of appeal.

[Katie_France]

Katie,

You must appeal straight away. I know how you feel I am in the same boat, my fiancé was refused because I don’t meet the financial requirement and I do and bills were apparently not submitted to prove we cohabited but they were. But no one is taking responsibility for the mistakes and unfortunately no one pays the price for Putting us through hell.

We appealed a month ago so still waiting.

If you have a solicitor involved they can write a letter to ask for a reconsideration and also worth getting your local MP involved too. An MP has more rights than you or your solicitor to get answers

I am so sorry that they have treated you this way, it frustrates me so much that they get away with it every single time!!

I hope it works out for you.

We are getting MP involved. Can the decision be overturned without appeal? It is just awfull and absolute lack of responsibility...

[Obie]

Admin review is not available where a right of appeal exist.

I agree that a person may take a higher level English language test, provided it is a SELT test.

[Katie_France]

Admin review is not available where a right of appeal exist.

I agree that a person may take a higher level English language test, provided it is a SELT test.

Obie, is there a complaint procedure? Or do you think that the only chance is to appeal?

[vinny]

English language requirement unmet.

It is a bit of money to throw down the drain, you must seek legal advise to ensure the requirements are met.

Obie, I submitted IELTS for UKVI General Training Test, taken in GBS02, approved London West British Council with the result of Listening 8.0, Reading 8.0, Writing 7.0 and Speaking 8.0

If the test is approved, then complain in writing to the Entry Clearance Manager. Else, reapply with an approved test.

[Katie_France]

English language requirement unmet.

It is a bit of money to throw down the drain, you must seek legal advise to ensure the requirements are met.

Obie, I submitted IELTS for UKVI General Training Test, taken in GBS02, approved London West British Council with the result of Listening 8.0, Reading 8.0, Writing 7.0 and Speaking 8.0

If the test is approved, then complain in writing to the Entry Clearance Manager. Else, reapply with an approved test.

vinny, the test is approved and was passed in GBS 02 as per the list...

I cannot find the procedure to the complaint. I cannot respond to the Sheffield email.

Should I follow the procedure described here? https://www.gov.uk/government/organisat ... -procedure

Thanks

[vinny]

In support of your application you have provided an IELTS General Training certificate issued on 04/06/2016; however this which is not an English language test which is approved by the Secretary of State for the purposes of settlement. Every English language test taken on or after 6 April 2015 by a partner or parent applicant must meet the new requirements in respect of the approved tests, providers and secure test centres offered by Trinity College London or the IELTS SELT Consortium.

Is the test on their current approved list?

What's the country of application?

[Katie_France]

In support of your application you have provided an IELTS General Training certificate issued on 04/06/2016; however this which is not an English language test which is approved by the Secretary of State for the purposes of settlement. Every English language test taken on or after 6 April 2015 by a partner or parent applicant must meet the new requirements in respect of the approved tests, providers and secure test centres offered by Trinity College London or the IELTS SELT Consortium.

Is the test on their current approved list?

What's the country of application?

Vinny, yes, the test is approved test. If you would allow me to send a link in private message where I posted it.

The test contains UKVI Number in the Candidate Details together with my family name, first name
And Candidate ID (passport number)

[Katie_France]

I am Russian, the country of application is France

[Katie_France]

We have made a complaint on UKVI web site as well as a complaint to MP.

Now I want to make an appeal. Which form should I feel in IAFT-2 or IAFT-6? The ECO didn't attach any form to my refusal letter.

The wording was:
RIGHT OF APPEAL
You have 28 days from the date you receive this decision to appeal. Information on how
to appeal, the appeal process and the fees payable are all available online at:
https://www.gov.uk/immigration-asylum-t ... ide-the-uk
If you want to seek legal advice you must do so now.