Fiance visa refusal

[vinny]

IAFT-2 is for Applications made before 6 April 2015.

Since then, it's IAFT-6.

[Katie_France]

IAFT-2 is for Applications made before 6 April 2015.

Since then, it's IAFT-6.

Thank you!

[Obie]

It will be open to you to make a wasted cost application if they allow the matter to proceed to an appeal.

[vinny]

I am Russian, the country of application is France

Living in France?

You may be able to email the Entry Clearance Manager via

Email France.Enquiries@fco.gov.uk

[seagul]

I think you are not focusing on what I and vinny said. You need to click on newish list of home office's approved English test & provider. They don't care whether you acheieved score higher other than the test & provider. Your English test type and provider must be on list and if not then you will waste your time.

[Obie]

OP has already answered the question of whether the test is on approved list of provider.

[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

Op mentioned above test which not seems like ielts skills for life which only got 2 components - speaking & listening. I think op is puzzled and don't try to understand that caseworker don't care about higher score in another type of test rather they chained up with their list.

[Katie_France]

Op mentioned above test which not seems like ielts skills for life which only got 2 components - speaking & listening. I think op is puzzled and don't try to understand that caseworker don't care about higher score in another type of test rather they chained up with their list.

seagul, as long as the test is an approved SELT, it should be fine. Extract from the Immigration Directorate Instruction Family Migration, Appendix FM section 1.21, English Language Requirement – Family Members under Part 8, Appendix FM and Appendix Armed Forces:

2.4. Tests at a higher level than required
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.
An applicant in the partner or parent routes does not need to demonstrate reading and writing skills and may produce the required evidence of speaking and listening skills at level A1 or A2, or above, of CEFR even if they fail on reading and writing (where they take a test which examines all four skills). The decision maker should ignore test scores in reading and writing in partner and parent applications as those skills are not required to meet the Immigration

[Katie_France]

Living in France?

You may be able to email the Entry Clearance Manager via

Email France.Enquiries@fco.gov.uk

Vinny, thank you so much for the help because I really couldn't find any ends during the weekend, but we are slowly getting there...

Yes, I live lawfully in France, and I hold French residence card. The decision was taken in Sheffield, not in Paris. Do you still it is still worth writing to the British embassy in Paris?

[Katie_France]

Yesterday I was scanning my appeal and realized that if you scan IELTS certificate in black and white, you can hardly see all the necessary details, like UKVI number.

Could it happen, that in TLS Contact Paris, they badly scanned the certificate and the refusal followed... Who should I complain in this case? My mistake - I didn't include UKVI Number in the application, although submitted IELTS certificate with UKVI number.

Do you think it is still worth to write to British embassy Paris, although the decision was taken in Sheffield?

[vinny]

I'm not sure who to write to!

See also i12b3's comments.

[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.

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

Hi Katie

I hoped it can be overturned without an appeal, but it’s not looking that way right now for me so who knows! it is awful and I honestly don’t know how they are not penalized for it!! There’s nothing more frustrating than having to wait for others to fix their mistakes

[seagul]

Op mentioned above test which not seems like ielts skills for life which only got 2 components - speaking & listening. I think op is puzzled and don't try to understand that caseworker don't care about higher score in another type of test rather they chained up with their list.

seagul, as long as the test is an approved SELT, it should be fine.

but ielts academic/general is not approved selt. The guidance you reading is not fully understandable to you regarding doing the higher level of english test to be acceptable. For example an approved test at approved centre at B1 level can fullfill the requirement of A1 & A2 which needed at initital and subsequent applications respectively. HO only follow its list and they donot care whether your score in english proficiency is higher on other type of test & centre.

[Katie_France]

but ielts academic/general is not approved selt. The guidance you reading is not fully understandable to you regarding doing the higher level of english test to be acceptable. For example an approved test at approved centre at B1 level can fullfill the requirement of A1 & A2 which needed at initital and subsequent applications respectively. HO only follow its list and they donot care whether your score in english proficiency is higher on other type of test & centre.

seagul, it should be IELTS for UKVI, taken in the approved center.
My test was IELTS for UKVI (general training), and I took it in the approved center. I have consulted two immigration lawyers and both of them confirmed that my test should have been accepted...

[Katie_France]

Hi Katie

I hoped it can be overturned without an appeal, but it’s not looking that way right now for me so who knows! it is awful and I honestly don’t know how they are not penalized for it!! There’s nothing more frustrating than having to wait for others to fix their mistakes

Ballmigirl17, at this point I don't think that the decision can be overturned without an appeal. MP sent a letter to HO, but only God knows when they reply. We are not ready to be stuck in limbo for 6-12 month, so the only way out for us really is to marry and reapply... Very sad

[Katie_France]

From the government page

Which test should customers making initial applications as partners or parents take?
Applicants should take a SELT test that assesses their speaking and listening abilities. They do not need to evidence their reading and writing abilities. They can sit either the Trinity College London or IELTS SELT Consortium test at level A1 or higher.
The IELTS SELT Consortium tests are:
 IELTS for UKVI
 Life Skills

[Katie_France]

Further update on my complaint, which we submitted to their complaints email. Here is their response:

Dear Madam
Thank you for your email of 21 January.
Any queries relating to making an application outside of the UK are not handled by this mailbox and so you will not receive a response. If you have a question about coming to the UK or about an application you have already submitted outside the UK, please use:
http://www.gov.uk/contact-ukvi-inside-o ... ide-the-uk
where you will find the relevant contact details for contacting the international enquiry team.
Yours sincerely
Customer Correspondence Hub

So they are offering to pay another GBP 5.48 for a useless email... absolutely pathetic...

[seagul]

check below official ielts test explanation in easy language:

https://takeielts.britishcouncil.org/ie ... ielts-ukvi

[Katie_France]

check below official ielts test explanation in easy language:

https://takeielts.britishcouncil.org/ie ... ielts-ukvi

Seagul, on the same web site it’s written IELTS for UKVI is suitable as well. It can be Academic or general but should be IELTS for UKVI.

https://takeielts.britishcouncil.org/ielts-ukvi/score

[seagul]

check below official ielts test explanation in easy language:

https://takeielts.britishcouncil.org/ie ... ielts-ukvi

Seagul, on the same web site it’s written IELTS for UKVI is suitable as well. It can be Academic or general but should be IELTS for UKVI.

https://takeielts.britishcouncil.org/ielts-ukvi/score

You didn't read again properly again. Academic/general is for undergraduates/postgraduate students. Anyway see new refusal on same basis.

immigration-for-family-members/my-spous ... 48078.html

[Ballmigirl17]

Hi Katie

I hoped it can be overturned without an appeal, but it’s not looking that way right now for me so who knows! it is awful and I honestly don’t know how they are not penalized for it!! There’s nothing more frustrating than having to wait for others to fix their mistakes

Ballmigirl17, at this point I don't think that the decision can be overturned without an appeal. MP sent a letter to HO, but only God knows when they reply. We are not ready to be stuck in limbo for 6-12 month, so the only way out for us really is to marry and reapply... Very sad

If thats what you feel you must do then so be it, we have spent at least over £5000 for all of this including application and solicitor fees so we are not in a position (financially) to marry and reapply and pay all those fees again!! and we don't want to marry in his country, we have a right to marry in UK and because of their negligence and ignorance to what documents were sent we have no choice but to fight them.

My MP said that they allow 20 days for a response from the UKVI/Home office, which she received 2 weeks ago and i cant even begin to tell you the contradicting response she had received. makes me really question how these people are employed! so if the MP has written a letter you will usually get a response within 20 days, if not she can escalate (not sure what this means!)

I wish you all the best i really do

[Katie_France]

If thats what you feel you must do then so be it, we have spent at least over £5000 for all of this including application and solicitor fees so we are not in a position (financially) to marry and reapply and pay all those fees again!! and we don't want to marry in his country, we have a right to marry in UK and because of their negligence and ignorance to what documents were sent we have no choice but to fight them.

My MP said that they allow 20 days for a response from the UKVI/Home office, which she received 2 weeks ago and i cant even begin to tell you the contradicting response she had received. makes me really question how these people are employed! so if the MP has written a letter you will usually get a response within 20 days, if not she can escalate (not sure what this means!)

I wish you all the best i really do

Ballmigirl17, yes, absolutely feel same way... paying all these fees, and than getting a rejection because of their negligence is harsh... the worst is that no one is responsible and they feel ok to play with people’s life.

We have consulted 2 immigration lawyers and both said that the fastes way is to reapply with spouse visa application.

MP said she does not know when she gets a response, because HO is notoriously famous for not responding quickly and taking their time. We really don’t want to be stuck in limbo for the next 6-12 months... we just want to be together and build our life.

[Ballmigirl17]

[/quote]

Ballmigirl17, yes, absolutely feel same way... paying all these fees, and than getting a rejection because of their negligence is harsh... the worst is that no one is responsible and they feel ok to play with people’s life.

We have consulted 2 immigration lawyers and both said that the fastes way is to reapply with spouse visa application.

MP said she does not know when she gets a response, because HO is notoriously famous for not responding quickly and taking their time. We really don’t want to be stuck in limbo for the next 6-12 months... we just want to be together and build our life.
[/quote]

Yep Our solicitor said the same to marry and reapply, reasons being you actually have more rights when you are married than you do when you are just partners/fiance (god knows why!) What i dont understand about this is that we will submit all the same documents we have already submitted - the only different thing is that we have a marriage certificate, so if they couldn't look at all the supporting information the first time i do not have faith in them to do their job properly!!

but again like i said it is costly and we have too many commitments in the UK, British born people dont know how lucky they are to be able to get married where they want without a problem.


Please let me know what you decide to do, and the outcomes and also the time process as i am quite interested to see how long they are taking with other people. there was a post on here a few weeks back a ladys visa was refused for stupid reasons (again they ignored documents infront of their face!) and her fiance appealed, and the decision was overturned in a month!! if you like i will keep you updated with mine xx

[Katie_France]

Yep Our solicitor said the same to marry and reapply, reasons being you actually have more rights when you are married than you do when you are just partners/fiance (god knows why!) What I don't understand about this is that we will submit all the same documents we have already submitted - the only different thing is that we have a marriage certificate, so if they couldn't look at all the supporting information the first time I do not have faith in them to do their job properly!!

but again like i said it is costly and we have too many commitments in the UK, British born people don't know how lucky they are to be able to get married where they want without a problem.


Please let me know what you decide to do, and the outcomes and also the time process as I am quite interested to see how long they are taking with other people. there was a post on here a few weeks back a lady's visa was refused for stupid reasons (again they ignored documents in front of their face!) and her fiance appealed, and the decision was overturned in a month!! if you like I will keep you updated with mine xx

@Ballmigirl17, we have decided to get married, and we are having the ceremony booked for the 5th of February. We will have a family and friends party in the UK, when I will be able to go there. We decided not to appeal, just not to be stuck in the unknown limbo for 6-12 month. It is also useless to appeal, as soon as we decided to get married, so it will be only a waste of 80-140 gbp, not a crucial amount in the whole situation, but still.

We are waiting for the response from MP regarding the situation... I think it is more a luck to have the decision overturned in a month. It takes 28 days for the Tribunal to notify HO about the appeal, and then another 60 business days for the HO to review the decision. Personally, I think HO is never in a rush...

With the new application, I will submit UK NARIC certificate, and also add the previous IELTS for UKVI test, which they didn't like...

I will let you know about the development of our situation. Let me know about yours.

[hussaincute]

Hi, I am so sorry to hear your situation. Did you use scan and send service or did you send your original documents direct to sheffield? Also, you mentioned that you didn't write UKVI number during your online application. I guess this might have been the cause as they tend to run the UKVI number on application in their system to confirm whether the test is UKVI or not. When booking your IELTS for UKVI, did you mention the purpose as 'immigration'? I read in several other IELTS based rejections, they mentioned that IELTS for UKVI should give reason as 'immigration' when sitting the test.