Wrong English Test Refusal

[blondesafari]

My cousin did the wrong English test so was refused. She was told in the refusal to do the correct one and submit for Administrative Review.
Is this the right way to go about it or should she reapply?

[CR001]

Reapply with a new CoS.

Admin review is only for when you believe UKVI have made an error.

[blondesafari]

Thank you

[AmazonianX]

Thank you

Was it actually written in refusal to submit administrative review?
Was this a refusal or asked to do new correct English test and submit?

[blondesafari]

Yes. They actually said it was the incorrect test and that they should apply for an Administrative Review within 28 days when they’ve done the correct test.

[AmazonianX]

Yes. They actually said it was the incorrect test and that they should apply for an Administrative Review within 28 days when they’ve done the correct test.

Can you after removing personal identifiers post the said refusal letter word for word to better give perspective to the most appropriate response you will get.

[blondesafari]

Thank you for your help.

[CR001]

The refusal does not state to submit an new test with admin review. It is an outright refusal for failing to meet the English requirements and admin review is only possible if HO have made an error, which they have not and besides, you cannot submit new evidence for admin review anyway.

If your friend was given a chance and advised by Ukvi to submit the correct evidence of meeting the English requirements as the one submitted did not meet the requirements, why would they submit exactly the same test again.

They did the incorrect test for a skilled worker visa. The test they did is for a spouse visa.

They need the correct test, a new CoS and must apply and pay the fees again.

[vinny]

I have awarded you 0 points for the English language requirement because you are required to show you have an English language ability of at least level B1 (intermediate) on the Common European Framework of Reference for languages in all four components (reading, writing, speaking and listening).

In support of your application you provided an IELTS Life Skills Speaking & Listening B1 certificate. This test assessed your English speaking and listening skills to a B1 level. Because you were assessed in only two of the four requisite components, the certificate you submitted could not be accepted to demonstrate that you met the English language requirement.

The Home Office wrote to you on 1 Aug 2023, to request 'evidence that you have met the English requirements as stated on Appendix English Language, giving you 10 working days to submit this required evidence in-line with evidential flexibility policy guidance. You have re-submitted the same SELT that does not meet the requirements of Appendix English Language.

Furthermore, the burden of proof is on the applicant to demonstrate that they meet the eligibility requirements of the rules of which they are making their application under and in this instance, I am satisfied that you do not have the required evidence to meet the eligibility requirements

Today is 8th August 2023. If they gave him 10 working days from 01 August 2023, then can he still submit a correct test within the time limit?

[blondesafari]

Thank you, Vinny.
Unfortunately the first date available for the correct test is the 15th .

[AmazonianX]

I have awarded you 0 points for the English language requirement because you are required to show you have an English language ability of at least level B1 (intermediate) on the Common European Framework of Reference for languages in all four components (reading, writing, speaking and listening).

In support of your application you provided an IELTS Life Skills Speaking & Listening B1 certificate. This test assessed your English speaking and listening skills to a B1 level. Because you were assessed in only two of the four requisite components, the certificate you submitted could not be accepted to demonstrate that you met the English language requirement.

The Home Office wrote to you on 1 Aug 2023, to request 'evidence that you have met the English requirements as stated on Appendix English Language, giving you 10 working days to submit this required evidence in-line with evidential flexibility policy guidance. You have re-submitted the same SELT that does not meet the requirements of Appendix English Language.

Furthermore, the burden of proof is on the applicant to demonstrate that they meet the eligibility requirements of the rules of which they are making their application under and in this instance, I am satisfied that you do not have the required evidence to meet the eligibility requirements

Today is 8th August 2023. If they gave him 10 working days from 01 August 2023, then can he still submit a correct test within the time limit?

That ship already sailed as the opportunity given was not used; after being given 10 days to provide correct document, applicant resubmitted SAME thing hence taken as an indication of not being ready to do another English test or dare I say an indication of not understanding what was ask of them (and written in English too for one who needs to prove English Proficiency at CEFR B1).

[AmazonianX]

Thank you, Vinny.
Unfortunately the first date available for the correct test is the 15th .

Instead on sending back same certificate, applicant could have requested for more time due to non availability of date for the English test Instead of this refusal and attendant loss of fees.

[lolo2]

IELTS results - and likely it applies to any approved English test - are not available immediately after sitting the test, so it's really difficult to submit new test results in that short time if the applicant needs to rebook, retake the test, etc.

I guess UKVI gives that timeframe in the hope that the applicant already has the appropriate certificate.

[AmazonianX]

If there is difficulty in providing requested document within the short time frame give by CW, one can request for HO to give more time with evidence provided that steps being taken to get it within a reasonable time.

[vinny]

Good advice.