Health and Care Worker Visa got refused

[fatguyslim]

Hey everyone, my brother's Skilled Worker Visa (Health and Care Worker) got refused today. My brother couldn't meet English requirements. Last year in June my brother gave his IELTS general test in Brisbane and scored 7 band overall. We made the application thinking that his IELTS test would be sufficient for him to score 10 points for English requirement.

My brother gave his biometrics on 2nd Feb and on 6th Feb he got an email asking for him to prove his English proficiency. It was only then we realised that my brothers IELTS was not compatible given that Brisbane test center is not a UKVI approved center. We then quickly booked for a PTE Academic UKVI test and got the earliest date for 13th Feb.

My brother at first wasn't allowed to enter the teat center because he did not have his passport with him. We explained to the test center that his passport was with the Home Office and that we had an exemption. By the time my brother was allowed in the teat has already started. Under immense pressure my brother wasn't able to perform well in his test.

He vot his test result on 15th Feb. This test result was swiftly shared with UKVI and today on 16th Feb we got the refusal. The case worker had awared him 60 points and 0 points for English requirement.

My brother has booked another test for 23rd Feb and we are hoping that he would clear this test given he was not familiar with the test format.

Can someone please let me know what would be the best course of action now? Should we put in an appeal for administrative review or should we just reapply for the visa if my brother clears this next test? His Certificate of Sponsorship is still valid but can the sponser number be used to make this application? Any help would be greatly appreciated. Thanks

[CR001]

He vot his test result on 15th Feb. This test result was swiftly shared with UKVI and today on 16th Feb we got the refusal.

Too late, the caseworker likely did not even see this and he would have initially been given a deadline to submit and if he did not request an extension to the deadline, UKVI do not have to accept late submissions. However if he did not do well, then this is all irrelevant.

Can someone please let me know what would be the best course of action now?

Reapply meeting ALL the requirements which are all very clearly stated on the UKVI website.

Should we put in an appeal for administrative review

You cannot appeal a PBS application. Administrative review is not the same as an appeal. Administrative review is for when you believe UKVI has made a mistake. They have not in this case.

or should we just reapply for the visa if my brother clears this next test?

This is all he can do.

His Certificate of Sponsorship is still valid but can the sponser number be used to make this application?

No it cannot as the CoS is now used as the visa was processed and refused. He needs a new Defined CoS from the sponsor before can apply again.

[fatguyslim]

Too late, the caseworker likely did not even see this and he would have initially been given a deadline to submit and if he did not request an extension to the deadline, UKVI do not have to accept late submissions. However if he did not do well, then this is all irrelevant.

He did see it because he mentions it in the refusal letter. We also sent them an email on 9th asling for extension in case they didn't allow us to sit the test.

[vinny]

If your brother scored at least 4.0 in all categories and the caseworker saw the test results, then what grounds did he give for the refusal?

[fatguyslim]

It was a PTE test Vinny he wasn't able to score over 43 in all categories due to the limited time given and also he had no idea about how different the format was going to be as compared to IELTS. On his second attempt he got over 55 in each category so now we have reapplied for his visa.

I have another question btw, my brother is an Indian citizen but have lived in Australia for the last 14 years. After he gets the visa he plans to come to India for a week and then go to the UK. Does he need a tuberculosis test before he flies to the UK?

[AmazonianX]

It was a PTE test Vinny he wasn't able to score over 43 in all categories due to the limited time given and also he had no idea about how different the format was going to be as compared to IELTS. On his second attempt he got over 55 in each category so now we have reapplied for his visa.

I have another question btw, my brother is an Indian citizen but have lived in Australia for the last 14 years. After he gets the visa he plans to come to India for a week and then go to the UK. Does he need a tuberculosis test before he flies to the UK? No unless he plans to be in India for long. , TB test required if at least 6months spent in a country not exempted.