ILR Dependent rejected

[vizhy2016]

Hi

I applied for my wife's dependent visa based on my ILR visa. Earlier she was on Tier-1 dependent visa and I got ILR earlier this year so we decided to switch her to ILR-dependent and filled the FLR(M) application.

Her application has been refused stating that she doesnt meet english language requirements for the 5 year partner route. All other conditions have been met.

We provided
1. Degree certificate of her masters from India
2. Letter from her institution verifying the course was taught in english
3. Print out of the point based calculator system showing her degree and the point based calculator correctly showing 10 points for the degree.

Reason for refusal given is "letter from the university does not confirm that the degree is equivalent to a UK bachelors/masters/phd degree. Neither has any evidence been provided that the degree is recognised by UKNARIC"

Now, the university in India has no authority to confirm that the degree is equivalent to UK bachelors/masters/phd degree so it is not mentioned in the letter. Also, it states on gov.uk website that a print out of the point based calculator is enough to proof the english language requirement.

page 33 of the link below.

https://www.gov.uk/government/uploads/s ... _clean.pdf


what should we put in the appeal?
is the print out of PBS calculator not sufficient?
does my wife need to give an english test or do we get the degree verified by UKNARIC?
is she allowed to take the test now after the application is refused?
What should we do now?

My friend made an application for her wife as ILR dependent and did exactly the same thing and their application was successful. Though that was her wife's first UK visa application but that should not make a difference i think.

Thanks in advance.

[CR001]

What date exactly did you apply?

Did you get ILR based on long residence or Tier 1 G?

[vizhy2016]

Hi

I was on Tier 1 general for 5 years so got my ILR via that in Feb 2016.

My wife's visa was expiring on 7th March 2016 but we made the application which was received by home office on 1st March 2016 as it is stated in their letter.

Thanks

[CR001]

Why didn't you extend her Tier 1 G dependent visa?

Did the PBS calculator show points for English?

[vizhy2016]

I didn't extend the tier 1 general visa as the fees were quite different and also she would need two extensions anyway before completing 5 years. She came to UK in June 2014 and would have needed two extensions before completing 5 years.

The PBS indeed show 10 points for her degree and is available to select. We provided the print out of that page with her application.

[vizhy2016]

If we get her degree verified by UKNaric now, will it be accepted during the appeal process?

what should we put in the appeal?
is the print out of PBS calculator not sufficient?
does my wife need to give an english test or do we get the degree verified by UKNARIC?
is she allowed to take the test now after the application is refused?
What should we do now?

Any ideas will be very much appreciated.

Many thanks

[CR001]

PBS calculator is no longer accepted for applications after 6th April.

She will need UK NARIC English Language Assessment or she will have to do the English SELT test (difficult if she doesn't have her passport).

[vizhy2016]

But she made the application before 6th April.

The application was received on 1st March by home office, it is mentioned in the refusal letter summary of timelines.

Secondly, if we do the UKNARIC now, will it be accepted during appeal? I ask as it will be done AFTER the refusal decision.

Are amendments to the application allowed after the refusal decision has been made? In Appeal I am basically going to point to the point based calculator as it was a valid evidence before 6th April.

[vizhy2016]

Can we add more documents during the appeal process?

If we didnt provide the UK Naric certificate and the application has been refused then can we add the UK Naric during the appeal?

I still think the print out of the PBS calculator should had been accepted as evidence as the application was filed a month before the rule changes.

Thanks