Fiance visa refusal

[Katie_France]

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.

hussaincute, yes, it is a very sad story at such an expensive cost (time and money). I submitted my documents in Paris, and they scanned my documents. I had Priority application - took 43 business days.
I didn't write my UKVI number - my fault, but the Test report was attached, and as you can see in the rejection the ECO saw that my test was attached, but he still didn't recognize it as a right one.
However, I still can't disagree, maybe that was the reason for rejection. I just don't know.
When you pass the test, there is a special procedure - they verify your passport and fingerprints in the center. I can't really remember that they asked me any additional questions because it was in June 2016 when I passed it.

[Katie_France]

My fiance's MP sent a request to the HO, asking about the administrative review. How long will it take - I don't know. We decided not to appeal and apply for the spouse visa mid-February.

[nasreen baji]

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.

That's sad
Actually, I'm going through the same situation now a days and literally I'm unable to decide whether to take ielts lifeskills or just apply my visa on the base of academic test. :/ If you could do me a favour, can you please send me your ielts result in PERSONAL MESSAGE so that i can confirm my result pattern is same or not!
Secondly, what type of English language details you had mentioned in your application? I mean you wrote the reference number+ukvi number etc in ur application?

[Casa]

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.

That's sad
Actually, I'm going through the same situation now a days and literally I'm unable to decide whether to take ielts lifeskills or just apply my visa on the base of academic test. :/ If you could do me a favour, can you please send me your ielts result in PERSONAL MESSAGE so that i can confirm my result pattern is same or not!
Secondly, what type of English language details you had mentioned in your application? I mean you wrote the reference number+ukvi number etc in ur application?

Members don't have the privilege of the PM facility until they have contributed 30 posts on the forum, and you have only 4.

[sam550]

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

Your spot on with English test issue, one of my friend made the same terrible mistake and end up paying another fees but this time selected IELTS for Life test instead of IELTS UKVI test, I can see number of people making this mistake it's very sad.

[vinny]

Where the decision-maker has:

(a) reasonable cause to doubt that an English language test in speaking and listening at a minimum of level A1 or A2 (as the case may be) of the Common Framework of Reference for Languages relied on at any time to meet a requirement for limited leave to enter or remain in Part 8 or Appendix FM was genuinely obtained; or
(b) information that the test certificate or result awarded to the applicant has been withdrawn by the test provider for any reason,

the decision-maker may discount the test certificate or result and require the applicant to provide a new test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.

Under paragraph 32B of Appendix FM-SE, when a decision maker has:

(a) reasonable cause to doubt that an English language test in speaking and listening at a minimum of level A1 of CEFR relied on at any time to meet a requirement for limited leave to enter or remain in Part 8 or Appendix FM or Appendix Armed Forces was genuinely obtained; or
(b) information that the test certificate or result awarded to the applicant has been withdrawn by the test provider for any reason, they may discount the document or result and the applicant must provide a new test certificate or result from an approved provider which shows that they meet the requirement if they are not exempt from it.

The Immigration Rules in Appendix FM-SE do not set out a timescale for when an applicant must provide a new test certificate or result where requested by the decision-maker, who should allow the applicant a reasonable amount of time to take another test.

Following the principles of 24, 38:

It is thus in the nature of the Immigration Rules that they include no over-arching implicit purposes. Their only purpose is to articulate the Secretary of State’s specific policies with regard to immigration control from time to time, as to which there are no presumptions, liberal or restrictive. The whole of their meaning is, so to speak, worn on their sleeve…

1. "at any time" in 32B(a) includes the current time,

i.e. includes test submitted in the current application.

2. If the applicant didn’t submit a correct test, then

a decision maker has reasonable cause to doubt that an English language test in speaking and listening at a minimum of level A1 or A2 (as the case may be) of the Common Framework of Reference for Languages relied on at any time to meet a requirement for limited leave to enter or remain in Part 8 or Appendix FM was genuinely obtained

i.e. If the applicant didn’t submit a correct test, then a decision maker has reasonable cause to doubt that the appropriate correct test was genuinely obtained.

i.e. 32B(a) is satisfied.

Hence, if 32B(a) is true, then

the decision-maker may discount the test certificate or result and require the applicant to provide a new test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.

From their policy guidance above:

they may discount the document or result and the applicant must provide a new test certificate or result from an approved provider which shows that they meet the requirement if they are not exempt from it.

The Immigration Rules in Appendix FM-SE do not set out a timescale for when an applicant must provide a new test certificate or result where requested by the decision-maker, who should allow the applicant a reasonable amount of time to take another test.

D.(b)

(ii) Has not submitted a specified document,

the decision-maker may contact the applicant or his representative in writing or otherwise, and request the document(s) or the correct version(s). The material requested must be received at the address specified in the request within a reasonable timescale specified in the request.

If the only reason for the refusal was a suspect English test, then a fair and sensible ECO/caseworker would have given the applicant an opportunity to provide other specified evidence.

Moreover,

This appeal came before me for an error of law hearing on 19 July 2017. I found an error of law in the decision of the First tier Tribunal, which I append. The parties agreed I could re-make the decision without the need for an oral hearing, but with the assistance of written submissions, which I have now received.

2. The only issue outstanding, it now being accepted that the Appellants meet the financial requirements of the Rules, is whether the Entry Clearance Officer erred in failing to contact the first Appellant to request an English language certificate from an approved provider, in line with the principle of evidential flexibility. This is now set out in Appendix FM SE, the relevant provisions of which are as follows: ...
...

6. In Mandalia [2015] UKSC 59, their Lordships held at [35]-[36]:

[35]. In one sense every request by a caseworker for further evidence would have been "speculative" but what was there in Mr Mandalia's application to render a request to him more "speculative" than any other? Was there not, at the very least, doubt, the benefit of which should have been given to him?
Answer
[36]. I conclude that the answer to the question identified in para 1 above is "yes": the agency's refusal of Mr Mandalia's application was unlawful because, properly interpreted, the process instruction obliged it first to have invited him to repair the deficit in his evidence."

...


11. I find that an English language test certificate is a "specified document." Whilst an English language test certificate was submitted with the application made on 3 April 2015, it was not the "correct version" given that the provider was no longer on the approved list. I find that the Appellants fall squarely with the evidential flexibility policy and that the Entry Clearance Officer's failure to apply the policy was not in accordance with the law, as it was not in accordance with her policy.

[Katie_France]

That's sad
Actually, I'm going through the same situation now a days and literally I'm unable to decide whether to take ielts lifeskills or just apply my visa on the base of academic test. :/ If you could do me a favour, can you please send me your ielts result in PERSONAL MESSAGE so that i can confirm my result pattern is same or not!
Secondly, what type of English language details you had mentioned in your application? I mean you wrote the reference number+ukvi number etc in ur application?

nasreen baji, sorry for the late response. I also don't know what to do really. But just last week, a friend of mine (Russian), received her spouse visa. She submitted IELTS for UKVI Academic test.

In my previous application, I answered on the question 97: IELTS Test, Level C1, Date of Test 04 June 2016. And I submitted my IELTS for UKVI test together with all documents.

[Katie_France]

The person who I know submitted IELTS for UKVI Academic and wrote in application graph 97 "I have passed an approved English language test" and the full ielts certificate reference number.

[Katie_France]

If the only reason for the refusal was a suspect English test, then a fair and sensible ECO/caseworker would have given the applicant an opportunity to provide other specified evidence.

Moreover,

vinny, I didn't understand what you meant by your comment

[vinny]

My understanding is that:

If a caseworker wasn't satisfied only with the English test that the applicant had submitted, then there is discretion in the Immigration rules and the caseworker's guidance for a sensible caseworker to give the applicant an opportunity to demonstrate that they meet the English language requirement, e.g. to take an approved English test.

Moreover, the quoted judgment, after careful analysis, went further. It concluded that it was actually unlawful for the caseworker not to invite the applicant to repair the deficit in his evidence.

[Katie_France]

Well, that just means that my caseworker wasn’t sensible... I still have a few days to appeal, but I don’t think there is any sense in that, as we got married and I am a wife now.
No response from MP yet as well...

[Ballmigirl17]

Well, that just means that my caseworker wasn’t sensible... I still have a few days to appeal, but I don’t think there is any sense in that, as we got married and I am a wife now.
No response from MP yet as well...

Hi Katie

Congratulations that you are now married!

i hope the next application you will get a more clever ECO and then be able to live the rest of you lives happy xxx

[vinny]

Congratulations on your marriage!

Well, that just means that my caseworker wasn’t sensible... I still have a few days to appeal, but I don’t think there is any sense in that, as we got married and I am a wife now.
No response from MP yet as well...

Agree. A fiancé visa wouldn't be applicable for a spouse now.

[Katie_France]

Thank you so much vinny and Ballmigirl17

Hope the second time will be the last one... I will keep everyone posted about my further progress

[Ballmigirl17]

Thank you so much vinny and Ballmigirl17

Hope the second time will be the last one... I will keep everyone posted about my further progress

I was told that spouse visas are more likely to get accepted, just because you have more rights when you are married (which is silly!), but yes please keep us updated!

We have submitted an expedite request today to have our appeal heard sooner on the basis of my mental health, see how that goes

[Londoner007]

Why is it silly to have more rights when you are married?

[Katie_France]

Personally, I don’t think Home Office really bothers if you are fiancé or a spouse. No one will protect you from Eco’s mistakes

[nasreen baji]

That's sad
Actually, I'm going through the same situation now a days and literally I'm unable to decide whether to take ielts lifeskills or just apply my visa on the base of academic test. :/ If you could do me a favour, can you please send me your ielts result in PERSONAL MESSAGE so that i can confirm my result pattern is same or not!
Secondly, what type of English language details you had mentioned in your application? I mean you wrote the reference number+ukvi number etc in ur application?

nasreen baji, sorry for the late response. I also don't know what to do really. But just last week, a friend of mine (Russian), received her spouse visa. She submitted IELTS for UKVI Academic test.

In my previous application, I answered on the question 97: IELTS Test, Level C1, Date of Test 04 June 2016. And I submitted my IELTS for UKVI test together with all documents.

oh alright.
sorry to disturb u again katie_france. if you don't mind can you tell me how did you proved your relationship? what was the layout of all the screenshots of calls text message etc and how many screenshots did u attached for the evidence?

[Katie_France]

As the prove of relationship for fiancé visa I provided:
1) WhatsApp chat for 6 different weeks
2) Flights from U.K. to France (we see each other every once a week - once a month)
3) Pictures together - around 10 during different time
4) letter from my partner’s mother confirming our engagement
5) Electricity bill for the apartment in France established for both of our names
6) correspondence with the hotel regarding venue booking

My previous visitor visa to U.K. was granted based on the invitation from my partner

[Ballmigirl17]

Why is it silly to have more rights when you are married?

Its just my opinion, Having more rights being husband & wife, they consider being married that you are actually by law "family members", even if you are a fiance - with the intent to marry surely it should come under the same thing...

whether we are married or have an intent to marry... we are still a family


It looks more genuine once you are actually married.... but then why give us the right to intend to marry? if you just going to refuse us because we have less rights than if we were married?


I am not sure if i explained this properly but i know what i mean in my head lol

[Londoner007]

Marriage is a legal contract which is bound by laws and legislation and thus these have to be respected. Thus there are also laws to protect interest of the married couple should there be a separation etc.

Being a partner bg/gf there is no contract. If a gf or bf break up tomorrow so be it there's no contract they signed and as thus you wouldn't take your bf or gf to court exercising the same rights as a married couple.

I understand where you are coming from, but bare in mind you cannot compare those who are legally married to those who are just together, in terms of rights and legislation. This does not mean an ECO always respects this though!

[Ballmigirl17]

Marriage is a legal contract which is bound by laws and legislation and thus these have to be respected. Thus there are also laws to protect interest of the married couple should there be a separation etc.

Being a partner bg/gf there is no contract. If a gf or bf break up tomorrow so be it there's no contract they signed and as thus you wouldn't take your bf or gf to court exercising the same rights as a married couple.

I understand where you are coming from, but bare in mind you cannot compare those who are legally married to those who are just together, in terms of rights and legislation. This does not mean an ECO always respects this though!

I understand what your saying completely which is completely right.

The last part you mentioned, is the reason I think its silly from an ECO's perspective, to think along those lines, because if we are applying for a visa with the intention to marry ... we are not just "together".... we want those rights, to be husband and wife and live and plan the rest of our future!

[Londoner007]

I agree with that too, I was pointing more towards unmarried partners.

Anywayz these days value of marriage is such that it cant always be considered a true relationship lol (ie. subsisting relationship).

[AnnaSh]

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

Guys I think for fiancée visa there is a special test called IELTS Life Skills Level A1 – speaking & listening. And I think they can only accept this one. When I was applying I asked my solicitor about it as I have EILTS and CEA and he wait to do life skills

[Katie_France]

Guys I think for fiancée visa there is a special test called IELTS Life Skills Level A1 – speaking & listening. And I think they can only accept this one. When I was applying I asked my solicitor about it as I have EILTS and CEA and he wait to do life skills

AnnaSh,
To make long story short. Our MP had multiple communications with the HO, and the reason of the refusal was not the test, but the fact that we didn’t state UKVI number in the application.

We reapplied, because appeal timelines are impossible.