Appeal's

[SADIE100]

Hello,

My husbands visa has been refused again. Reason English language certificate was not given. We supplied the statement of results which was a pass and the Statement of entry with the results verification info. We were told in a letter from the exam board we would recieve the certificate one month after the results however it hadnt arrived after a month and half and we were concerned it was lost in post. I am here in the UK my husband is stuck in Sri Lanka where I do not want to live and my two year old son caught in the middle. I want to know if we make the appeal with the now received certificate do we have a good chance ?

thank you

[batleykhan]

If that was the only reason for refusal, then sending the English test along with your appeal form to the BHC post in Sri Lanka, should hopefully do the trick

[SADIE100]

Yes that was the only reason , do we have to send the original test certificate or just photo copy and should we re send all the other documents that we sent with the application and reasons why we didn't send in the first place ?

[batleykhan]

You only send the original test certificate,no other documents.

[SADIE100]

Hello,

Thanks for you quick responses, as we are now already a week into the 28 days to appeal, can it be faxed to IAC with the IAFT-2 or is it better to post the original to BHC (if so will it be returned)?

[batleykhan]

The original must be sent to either the BHC post where you were refused in Sri Lanka or IAT in UK. You can not fax it as they want to see original.

It must be sent with the IAF2 form as well as the refusal notice.

Best to send it to BHC rather than IAT, as sending it to IAT will only mean they will forward it to BHC. That will take approx 4 weeks, so you can save that time by posting it by special post to BHC where you were refused.

[SADIE100]

I did send this last night but this morning it was not posted on forum dont know why.....if I dont fax this today I am running into another week of the 28 days.

Have come to fill in the actual IAFT-2 form now and part D Grounds for appeal states :
I must let them know why I disagree, include all information that has not been mentioned in the notice of decision....Give as much detail as possible as may not be allowed to mention any further grounds at later date. Attach any evidence/ additional sheet if nesasary:

So could you please have a look at what I thought I would write and advise :

(capitals used as this is how i will actually write it-hope this doesn't anoy)

THE STATEMENT OF RESULTS WAS SUPPLIED WHICH STATED CANDIDATES NAME AS RM UPALI RATHNAYAKA, QUALIFICATION KET, RESULT AS A PASS, SCORE 77, CANDIDATE PROFILE AS EXCEPTIONAL -SPEAKING, GOOD - READING AND WRITING, BOARDERLINE-LISTENING. THIS EXCEEDS THE REQUIRED LEVEL A1 OF THE CEFR.

TO SATISFIE THIS THE CERTIFICATE IS SUPPLIED.

If i say the certificate was delayed i have nothing to provide as evidence.

thank you

[vinny]

Date of certificate?

[SADIE100]

My husband took the exam in March , results obtained May and the Certificate received July. We made application in May. I have asked my husband to tell me the actual date on the certificate as he is in SL and I am in UK. He has all the documents.

[vinny]

It's sufficient for the date of certificate to be before the date of the visa application.

[SADIE100]

and if it is after the application I guess this is no good?

[SADIE100]

The date of issue on the certificate is the 01/06/2011, the application was made on the 30/05/2011. That is a difference of only one day.

Is it worth me noting the compassionate circumstances of my son being with out his father.

[vinny]

When was the biometrics taken?

[SADIE100]

same day the application was made 30/05/2011

[SADIE100]

I would like to fax this today, but would really appreciate a proof read, thnk you all so much for the help, (again this has been copied and pasted in captital-sorry if an anoyance)


THERE HAS BEEN NO CONSIDERATION FOR THE COMPASSIONATE CIRCUMSTANCES OF MY APPLICATION. MY SON IS NOW 22 MONTHS OLD AND MY WIFE HAS NO EMOTIONAL SUPPORT FROM ME, DAY BY DAY MY SON IS DEPRIVED OF THE REQUIRED BALANCE OF BOTH PARENTS BEING THERE TO GUIDE AND NURTURE HIS GROWTH. FROM NUMEROUS STUDIES OF WHICH INFORMATION IS AVAILABLE TO ALL ON INTERNET, MEDIA, BOOKS AND VARIOUS PUBLISHINGS, THERE IS INCREASING EVIDENCE THAT A LACK OF CONTACT FROM A FATHER IN THE EARLY YEARS OF CHILDS DEVELOPMENT IS SIGNIFICANTLY DERTIMENTAL ON A PHYSICAL, PHYCOLOGICAL AND EMOTIONAL LEVEL.

CLEAR AND CONINCING EVIDENCE OF MY ENGLISH LANGUAGE PROFICIENTCY APPROVED BY THE SECRETARY OF STAE WAS PROVIDED IN THE FORM OF THE STATEMENT OF RESULTS SUPPLIED BY THE UNIVERSITY OF CAMBRIDGE WHICH STAED CANDIDATES NAME AS R M UPALIRATHNAYAKA, QUALIFICATION KET (KEY ENGLISH TEST), RESULTS AS PASS, SCORE 77/100, CANDIDATE PROFILE AS EXCEPTIONAL-SPEAKING, GOOD-READING AND WRITING, BOARDERLINE-LISTENING. THIS EXCEEDS THE REQUIRED LEVEL A1 OF THE CEFR. ALSO ON THE STAEMENT OF ENTRY WHICH WAS PROVIDED WITH THE APPLICATION THE ESOL RESULTS VERIFICATION SERVICE WAS EXPLAINED.

WE HAD SATIFIED ALL OF THE REQUIREMENTS OF THE IMMIGRATION RULES BY JANUARY 2011, BUT WERE UNABLE TO MAKE THE APPLICATION AS THE ONLY AVAILBLE APPROVED ENGLISH LANGUAGE TEST WAS IN MARCH 2011.

EXAM WAS SAT ON THE 19/03/2001, RESULTS AVAILABLE 03/05/2011, STATEMENT OF RESULTS RECEIVED END OF APRIL, CERTIFICATE EXPECTED ONE MONTH AFTER, IT WAS NOT RECEIVED SO APPLICATION WAS MADE 30/05/2011 AS IT WAS SUSPECTED LOST IN POST. THE CERTIFICATE ISSUE DATE IS 01/06/2011 BUT WAS NOT RECEIVED UNTIL JULY.

THE TIME ELAPSED BETWEEN SITTING THE EXAM AND RECEIVING THE CERTIFICATE WAS ALMOST FOUR MONTHS.

[SADIE100]

Hi

When I talk about faxing I mean to my husband so that he can post it. Found a courier who says that only take three days to India. So I can ask my husband to hold on until I have this grounds for appeal proof read.

thank you

[batleykhan]

This is typical response to a refusal

Dear Sir

Re: Refusal of Entry Clearance Visa
Mr F Bloggs– Reference No: ISB/1381753


I wish to appeal on behalf of the above named appellant against the decision of the ECO made at Islamabad on 3rd August 2007 under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 on the following grounds


That the decision is not in accordance with the Immigration Rules.


The appellant was refused on the following grounds

(here you write the exact wording of the refusal your spouse has been given)

Example

Para 1 – You have stated on your application that you intend to reside with your spouse’s family. However you have not provided evidence to establish your sponsor’s family’s ownership or rental of the property in which it is proposed you will live, or any indication that mortgage or rental commitments are being honoured. Without this I am not satisfied that the accommodation is secure or hence that you will be accommodated without recourse to the public funds (281 iv)


Response:

Here you put your reasons why you think the ECO has made the wrong decision

Please see attached document from Northern Rock Building Society and HM Land Registry Office (dated 25/07/2001) confirming ownership of 201 Block Lane Anytown by Mr ?????? Bloggs (father of A Bloggs).

The documents also show the property as being mortgage free.

Letter from Mr Bloggs offering to accommodate both A Bloggs and M Bloggs rent free in this property until such a time that they can afford their own home and live independently.

You will need to do the same and quote what you have stated in your last post about certificate being delayed.

You can them ask them (ECO)to kindly reconsider the earlier decision in view of the facts that you have outlined in your appeal notice, and kindly overturn the decision to enable your husband join you and your son here in UK to support and maintain you and your child and to enjoy a family life together.

I would not put words like you have used about your son to them in your last post,but to just say above. Remember you are pleading with them and not insisting on them that they do as you tell them.

The bits in the red are the ones that you to changed to suit your own personal circumstances.

Hope this helps. Oh please please don't use capital lettering in your appeal notice as capital letters is a sign of some angry person. You don't want to be giving that impression.

By the way don't hurry into things, you have enough time to get everything in within the time period........just don't make mistakes when trying to hard.

Furthermore I don't see the point in you sending things to your hubby when it would be far easier to send papers direct to the bHC post in Sri Lanka. Your hubby cant do much during this process. Its all up to you to do it. If you get stuck, pm me with your email and phone and i can explain it to you on phone, if you find above confusing

Good luck

[SADIE100]

Wow what a relief to find people like you..... I could hug you batleykhan !

The only reason I am sending to hubby is that he has the original English Language test Certificate in his possesion and I am worried if he posted it to me there would be a delay or a loss that we can not afford at this stage and the BHC in Colombo Sri Lanka does not handle the settlement visa's they go to Chennai in India unfortunatley. So he needs to post it from there. Can't see any other way, is there?

Will start typing up and take your advice so greatly appreciated.

[SADIE100]

[quote="SADIE100"]Wow what a relief to find people like you..... I could hug you batleykhan !

The only reason I am sending to hubby is that he has the original English Language test Certificate in his possesion and I am worried if he posted it to me there would be a delay or a loss that we can not afford at this stage and the BHC in Colombo Sri Lanka does not handle the settlement visa's they go to Chennai in India unfortunatley. So he needs to post it from there. Can't see any other way, is there?

Will start typing up and take your advice so greatly appreciated.

[Please have a look at what I now intend to write

Dear Sir

Re: Refusal of Entry Clearance Visa
Mr Upali R Rathnayaka Mudiyanselage


I wish to appeal on behalf of the above named appellant against the decision of the ECO made at Chennai on the 21st July 2011 under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 on the following grounds


That the decision is not in accordance with the Immigration Rules.


The appellant was refused on the following grounds :

You have applied for entry clearance to join your spouse in the UK for settlement. You state you have met the English requirement and provided evidence that you have completed two elementary English courses at the British Council. However, there is no evidence from the British council that the 50 hours courses meet the minimum level A1 of the Common European Framework of References. Furthermore I note you applied to do the University of Cambridge ESOL examinations which were held in March 2011 and the results available 03/05/2011. You submitted your entry clearance application 30/05/2011, 27 days after the results became available but failed to provide your certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows your name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference unless an exemption applies (as defined by the immigration Rules) (Paragraph 281(I) (a)(iii) to 281(I)(a)(v) HC 395 as amended).


Response:

Please see attached Certificate from University of Cambridge ESOL Examinations which confirms that my husband had met the English Language requirement in speaking and listening in May/June.
The Key English Test approved by the Common European Framework was sat on 19/03/2011 at the British Council in Colombo Sri Lanka and the results were available on the 03/05/2011 via the Cambridge ESOL online results service. When the Statement of Results were received mid May it stated that my husband had passed and exceeded level A1 to level A2 of the Common European Framework as defined in the Immigration Rules. When the Certificate had not arrived by the end of May it was suspected that there was a delay or loss in the post. As we had hoped my husband could join us for a family wedding in August and our sons 2nd birthday in September and there was concern of further delays. We hoped that the Statement of Results and the available on line Results Verification Service would provide the evidence required to prove my husbands English Language capability.

May I please request that the earlier decision is kindly reconsidered by you in view of the evidence outlined and kindly overturn the decision to enable my husband to join myself and our son here in the UK to support and maintain myself and our child and enjoy a family life together.
]

[batleykhan]

Yes this fine.

Have you completed all the bits on the appeal form. You will be acting as your hubby's re[representative, therefore you will have to sign the form.

Send all these to your hubby and ask him to attach the test certificate with the appeal form and original refusal notice and personally hand it into the BHC post where your hubby applied.

Don't forget to keep copies of everything you send.

After that its a matter of waiting ,hoping and praying that decision is overturned. If you don't hear anything with 2 months, then I am afraid you can conclude that they have not changed their mind, and will therefore be decided at an appeal hearing, which unfortunately can take up-to 6 months, and for that you will need a solicitor to act for you.

Good luck

[batleykhan]

The only reason I am sending to hubby is that he has the original English Language test Certificate in his possession and I am worried if he posted it to me there would be a delay or a loss that we can not afford at this stage and the BHC in Colombo Sri Lanka does not handle the settlement visa's they go to Chennai in India unfortunately. So he needs to post it from there. Can't see any other way, is there?

Sorry didn't read this bit when I did my last post.

You could ask your hubby to send you certificate to you in UK and then you can send the appeal form direct to Chennai in India by special delivery post which takes about 3-4 days.

Sorry i didn't realize all settlement applications for sri Lanka are dealt in India

[SADIE100]

Pheew what a relief..


So I will ask my hubby to send now all the documents to me including the certificate ( which may take two weeks or more) I guess if is late I fill in the late appeal section ?

As I am filling it in does he need to sign it as well in the declaration as the wording suggests not as the following:

If you are the appellant and are completing this yourself, you must sign and date this declaration.

Also I ticked the box for the appeal to be decided on papers not oral hearing, should I tick oral hearing. I thought possibly paying for legal support may be more that making a new application ?

Thank you so much

[batleykhan]

Pheew what a relief..


So I will ask my hubby to send now all the documents to me including the certificate ( which may take two weeks or more) I guess if is late I fill in the late appeal section ?

Can he not pay special delivery postage and it could be here in less than a week. alternatively if he knows of someone coming to UK, to hand the docs to them, so they could pass it onto you. Two weeks is to long


As I am filling it in does he need to sign it as well in the declaration as the wording suggests not as the following:



If you are the appellant and are completing this yourself, you must sign and date this declaration.

No he does not need to sign it. You complete and sign as his representative in the appropriate section.

Also I ticked the box for the appeal to be decided on papers not oral hearing, should I tick oral hearing. I thought possibly paying for legal support may be more that making a new application ?


No you must ask for oral hearing, never paper hearings. More favorable outcome in oral than paper

Sadie send me your email address and phone number in my private message box
Thank you so much