Extension refusal - IELTS / English skill score below 5.0

[Cops the C]

Hi there,

I wonder if anyone has any advice for a student who has just been refused an extension to her student visa (in order to study a degree) because one of her skills (writing) was below 5.0 on her IELTS test (she scored a 6.0 band score for the test overall). She did score a 6.0 in writing on a previous test (with overall band score of 5.0).

The refusal letter states that "you were required to have scored a minimum of 5.0 in each of the four areas (please note scores have to be on the same certificate)."

Does anyone have confirmation that the scores need to be on the same certificate? I can't see this anywhere in the rules or guidance.

And is there an argument that "discretion under the immigration rules should have been exercised differently"?

Thanks,
Ben

[geriatrix]

I can't see this anywhere in the rules or guidance.

the applicant provides an original English language test certificate from an English language test provider approved by the Secretary of State for these purposes, which is within its validity date,

"a" / "an" is used in context of singular form.

Therefore, one valid test certificate from one approved test provider.

[Cops the C]

Thanks.

The student took another test with overall score of 5.5 - not enough for the institution's requirements, but all scores are 5.0 or above.

Therefore do you think the student could make a new application based on this test? The student's leave expired on 1st November.

[geriatrix]

The student took another test with overall score of 5.5 - not enough for the institution's requirements, but all scores are 5.0 or above.

Will the institution issue a CAS in such circumstances?

[Greenie]

Thanks.

The student took another test with overall score of 5.5 - not enough for the institution's requirements, but all scores are 5.0 or above.

Therefore do you think the student could make a new application based on this test? The student's leave expired on 1st November.

The minimum requirement for a student to study at degree level is B2 of CEFR which is individual (and not just overall) scores of 5.5 not 5.0. This is the UKBA's requirement. Even if the university has lower requirements than this they cannot issue a CAS unless the student is 5.5 in all four components

[Cops the C]

Will the institution issue a CAS in such circumstances?

The institution could accept the student with the test with 6.0 overall (but one score at 4.5), but I'm not sure - could the institution issue a CAS based on the lower overall score? In any case the correct minimum score is 5.5 (contrary to the refusal letter) so in any case, not applicable - see point below.

The minimum requirement for a student to study at degree level is B2 of CEFR which is individual (and not just overall) scores of 5.5 not 5.0. This is the UKBA's requirement. Even if the university has lower requirements than this they cannot issue a CAS unless the student is 5.5 in all four components

Agreed - the refusal letter seems to make a mistake by stating the student was required to get a minimum 5.0 in all areas.

Thanks for everyone's advice.