Pakistan spouse visa rejcted advice needed

[aziqbal]

I am now thinking of getting my wife to re-do the english test but not Ielets

can someone please tell me if Bulats english test is accepted by UKBA?? does it meet A1 requirment and is it for spouse visa, it looks like a business test to me? but its the only one avaible in the time span we have left

KET date is 19th May and ESOL is coming in at 25th May both are too late for me as hearing is start of May

[Gregarious]

MelC thanks for the advice, please see ur inbox

batleykhan rather than picking details in the text and taking things off topic any constructive feedback will be appreciated, i am not here to convice you

Agreed with Mr. Aziz Iqbal. Don't worry; our prays are with you. Hope you will get through this critical time.

[Gregarious]

I am now thinking of getting my wife to re-do the english test but not Ielets

can someone please tell me if Bulats english test is accepted by UKBA?? does it meet A1 requirment and is it for spouse visa, it looks like a business test to me? but its the only one avaible in the time span we have left

KET date is 19th May and ESOL is coming in at 25th May both are too late for me as hearing is start of May

Let me clarify a point to you.

BULATS are valid. see this link as well ( http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf)

Your wife must do any english test before appeal but it might not be considered in your appeal; they can accept it as well. It is solely on their discretion.

[aziqbal]

I am now thinking of getting my wife to re-do the english test but not Ielets

can someone please tell me if Bulats english test is accepted by UKBA?? does it meet A1 requirment and is it for spouse visa, it looks like a business test to me? but its the only one avaible in the time span we have left

KET date is 19th May and ESOL is coming in at 25th May both are too late for me as hearing is start of May

Let me clarify a point to you.
Your wife must do any english test before appeal but it might not be considered in your appeal; they can accept it as well. It is solely on their discretion.

yes this is also true, it may be considered as new info and hence ask me to submit a new application, in which case i tell them to stick it

if they dont, i am handing in my UK passport its of no value to me and taking the next flight with my family out to Dubai, she already has visit visa for there, then from there we will move to our next destination

in these tough economic times if UKBA want talented people to leave and bring in refugess, asylum seekers and illegal immigrants thats thier choice, NO OFFENCE, is sent to anyone if u are one of them, i mean the fruadies

i am only giving them one chance after that they can do one

[aziqbal]

Thanks Gregarious i am so glad to know Bulats is included, its the one she will now definaly do

its Rs 15,000 and is available on next friday at Islamabad

[Gregarious]

I am now thinking of getting my wife to re-do the english test but not Ielets

can someone please tell me if Bulats english test is accepted by UKBA?? does it meet A1 requirment and is it for spouse visa, it looks like a business test to me? but its the only one avaible in the time span we have left

KET date is 19th May and ESOL is coming in at 25th May both are too late for me as hearing is start of May

Let me clarify a point to you.
Your wife must do any english test before appeal but it might not be considered in your appeal; they can accept it as well. It is solely on their discretion.

yes this is also true, it may be considered as new info and hence ask me to submit a new application, in which case i tell them to stick it

if they dont, i am handing in my UK passport its of no value to me and taking the next flight with my family out to Dubai, she already has visit visa for there, then from there we will move to our next destination

in these tough economic times if UKBA want talented people to leave and bring in refugess, asylum seekers and illegal immigrants thats thier choice, NO OFFENCE, is sent to anyone if u are one of them, i mean the fruadies

i am only giving them one chance after that they can do one

Hahaha, don't be enthusiastic; let's try in a proper and completed way. and ask your wifo, do not loose herself in speaking n listening. It is most vital part they wanna see for english requirement.
Don't give any minor chance to them for rejection.

But do Duaa with Dawa in your case. Remember me in your duaas

[aziqbal]

I am now thinking of getting my wife to re-do the english test but not Ielets

can someone please tell me if Bulats english test is accepted by UKBA?? does it meet A1 requirment and is it for spouse visa, it looks like a business test to me? but its the only one avaible in the time span we have left

KET date is 19th May and ESOL is coming in at 25th May both are too late for me as hearing is start of May

Let me clarify a point to you.
Your wife must do any english test before appeal but it might not be considered in your appeal; they can accept it as well. It is solely on their discretion.

yes this is also true, it may be considered as new info and hence ask me to submit a new application, in which case i tell them to stick it

if they dont, i am handing in my UK passport its of no value to me and taking the next flight with my family out to Dubai, she already has visit visa for there, then from there we will move to our next destination

in these tough economic times if UKBA want talented people to leave and bring in refugess, asylum seekers and illegal immigrants thats thier choice, NO OFFENCE, is sent to anyone if u are one of them, i mean the fruadies

i am only giving them one chance after that they can do one

Hahaha, don't be enthusiastic; let's try in a proper and completed way. and ask your wifo, do not loose herself in speaking n listening. It is most vital part they wanna see for english requirement.
Don't give any minor chance to them for rejection.

But do Duaa with Dawa in your case. Remember me in your duaas

lol i know

to be honest, Bulats is a very easy test and its pretty straight forward, if u can score 3.0 and 3.5 bulats is not too bad

i should have got her to do a KET or Bulats fist time round

[MelC]

thank you for posting the actual refusal, you are very brave to do so.

as in general the comments here are aimed to help you in your case, this helps people to fully understand the ECO reasons.

but because you have posted on forum, for those who may follow and find a similar problem this will help them, so again i thank you, i will digest the info and give you my thoughts, but i will first o to my inbox.

[m3y]

Looking at the rejection reason it seems to imply that the ECO thinks that your mother will be supporting you financially? Did you provide evidence that you have a job or access to your own funds?

[aziqbal]

yes a letter from my job 6 x wage slips and bank statments

the letter from my mum said she will provide accomodation rent free indefinetly without any financial help given to me

my wages are above the min requirment

why they brought maintence into is beyond me

[batleykhan]

AziIqbal

I am somewhat concerned about the advice you are receiving from one person on this board.It appears you agree to what he says because that is what you want to hear,but are dismissive of others.

First of all I think you are wasting your time appealing for the simple reason that you may be able to prove some of the points of the refusal, your appeal will be still dismissed on the English test your wife took and failed.

You think that taking another English test now and presenting it at the hearing would be sufficient.If that is what you and others think, then you are going to shoot yourself in the foot BIG TIME.

'If this was the case then everybody will have done it.

Your wife was refused because she failed to meet the requirements of the English test means that the ECO was correct in refusing her.

You can not provide evidence at an appeal hearing dated after the initial refusal and certainly not when it involves the English test.

Only way forward with this is to take another test AND PRESENT THAT WITH A NEW APPLICATION.

OK now lets have a look at teh refusal wording:

ACCOMODATION

OK there is a difference between indefinite and limited support.

You have stated indefinite and that is where I think you have made a mistake.It should have been for a limited period instead.By indefinite support teh ECO assumes that your financial circumstances are not capable of supporting you and your wife and MAY/PROBALLY be reliant on your mum. In letters from 3rd party support you should always state that you will live with your parents till YOU ARE IN A POSITION to live on your own. Obviously once a visa is granted to your wife and she gets ILR, there is nothing to prevent you living with your mum which is an Asian custom.UKBA are hardly going to check on this are they?.

MARRIAGE SUBSISTING AND INTENYION TO LIVE TOGETHER:

Really difficult to comment without knowing your full personal circumstances, but this refusal is usually as a result of the couple unable to provide proof of long term relationship.

Intention to live permanently with the other means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently as husband and wife immediately following the outcome of the application in question or as soon as circumstances permit.

In assessing this part of the Rules it is useful, if possible, to have the views of both parties tested by the ECO. Where both partners are clearly committed to stay together irrespective of whether they live in the UK or not, the intention to live together will be shown. However, if it is clear that the sponsor will not leave the UK to live with the applicant elsewhere should the application for entry clearance be refused, the ECO will need to examine the reasons for this and how this bears on the relationship between the parties.

I don't know what you stated in your sponsorship letter about your personal circumstances, but this is one of the most important document in an application because it is in this document you state your full facts and circumstances and intention etc to the ECO.

It is this document in which you let your feelings be known to the ECO.

My advice to you is plain and simple.Do not proceed with appeal,it simply can not be overturned by the appeal court.Any decent and knowledgeable immigration advisor would advise you of this.

Furthermore I know you are frustrated by teh refusal,but you only have yourself to blame,because you have failed on the balance of probabilities to prove that your wife and you meet teh criteria required.

I must add that some of your comments in your post are probably offensive to asylum seekers, refugees or illegal immigrants or FRAUDIES , and I am sure these same people wont give two penneth to people like yourself if you want to leave the UK because of what has happened to you.

Like i have stated you want to calm down,think properly on the points that you have been refused and start to plan and prepare teh required documents for a fresh application.

If you are not sure about things, take a few minutes to read the link below my name which I wrote a few years back. I am sure it will be beneficial to you,

Hope this helps.

[jalebi]

Hi Guys

After reading my helpful topics i thought i would ask for some advice and share my experience

I applied for my wifes spouse visa back in April 2011 they rejected in July 2011 I appealled in September and since then I have been waiting for a oral hearing which I have been told is still 2 months away!! Its just so stressful, i did a solicator in Pakistan and he took Rs 40,000 and hasnt got back to me so now I want to contact UKBA myself

anyhow my case was rejected on the following points

Point 1
they said my wife got IELETs test mark 3.0 for speaking and 3.5 for listening and his does not meet the minimum requirment for B1 standard 4.0 and thus they dont accept my wife has met the minimum requirment

Point 2
my mum gave a letter along with a letter from our family solicator that there is enough accomodation in our house for me and my wife to stay, i also sent in land registration documents (which cost me so much to obtain) from the local council stating there was enough room, thats 3rd party support for indefinate period, they replied and said although i had provided 3rd party stay for indefinate period i didnt provide any evidence of 3rd party stay for limited period? I mean WTF?? meaning they expect me to stay for a while then move out on our own?

Point 3
They said i hadnt proved our marriage is "subsisting" even although i sent in photographs, lyca card phone bills, skype conversations and fb contact

Regarding our contact, i really dont know what else to say and how to say it, i cant prove more than that, simply put i do not know which langauge they understand


can anyone please advice how i can argue the above points in a sucessfull manner? Thanks in advance

getting a solicitor int he UK to do what exactly? and like the previous poster i am confused as to what the Solicitor in Pakistan was supposed to do?

on point 1, if your wife hasn't met the A1 standard she has to retake the test, there was a case recently about the different tests and what equates to what, but 3 and 3.5 are not 4 and 4 or actually 4.5 is the general score that i know of that people has submitted and have had accepted.

on point 2 it does not appear to make sense at all, I think i would ask for that to be clarified, but you may know more yourself depending what you had stated on the application form.

on point 3 again there is case law on what is subsisting, (BK and Others Turkey 2005 UKIAT 000174) which defines that there are 2 parts to subsisting, the Legal form ~ that the marriage legally exists, and the intention form, where the parties commitment to the marraige is assessed.

what you have provided is details of contact between you and your wife, but it may be that such contact does not show substance in the relationship? it may also be linked to the accommodation issue?

you may be throwing a lot of money at a lost cause, and it may be better to simply have your wife retake the english test to achieve the required score, and query a more precise answer to the other points so that you can put it right for the next application.

i did the appeal from Pakistan initially, the solicator submitted the appeal from there and was meant to keep me up to date and then he just went quite no word, anyhow thats the least of my concern

how do you show substance in a relationship? and how exactly do you show commitment to marriage?

i also submitted legal part, ie marriage certificate etc etc

ok regarding the Ielets test this is what i have just found out from a private msg to share

A1 is the minimum requirment, B1 is equal to 4.0 under CEFR and is 2 levels above A1, scores of 3.0 and 3.5 equate to A2 which is still 1 level above A1 so meeting the minimum requirments

so i guess the ECO didnt know his own law!!!

ok so that leaves point 2 and 3 anyone else have any more input on these 2 issues?

thanks to whoever it was who cleared up point 1, ur reward is with Allah swt

substance and commitment to the marriage ~ you could have a hundred reports of texts/calls/letters and someone else may only have 10 and their 10 show more commitment and substance than your 100 (you and your are used in a general term not specific) a 100 "i love you/love you too" doesn't show substance or commitment, a discussion of future plans, domestic incidents/plans ~ discussions (even in electronic messages) about the mundane daily events, your wife asking if those cuttings have taken in the garden ~ things that couples who live together might talk about, did you check that tyre this morning is it still losing air? have you gone to the garage and gotten it changed, you don't want to need the car quickly and find a flat tyre ~ normal wife nagging if you like lol.

its all about credibility and intent, the Spam really could do with re-decorating, but i will wait until you are here, and we can chose the new tiles/paint whatever together.

how did your aunt get on at the doctors yesterday?

how is your cousins new job going do they like it?

Forgive my asking this, but would the ECO actually read the content of mesgs (written in urdu/punjabi mostly, I'm guessing) and give their opinion of whether they thought the marriage was "subsisting"?

[MelC]

AziIqbal

I am somewhat concerned about the advice you are receiving from one person on this board.It appears you agree to what he says because that is what you want to hear,but are dismissive of others.

First of all I think you are wasting your time appealing for the simple reason that you may be able to prove some of the points of the refusal, your appeal will be still dismissed on the English test your wife took and failed.

I agree, the English Test result isn't going to change, even if the other points can be shown to be erroneous.

You think that taking another English test now and presenting it at the hearing would be sufficient.If that is what you and others think, then you are going to shoot yourself in the foot BIG TIME.

'If this was the case then everybody will have done it.

"new evidence" means new as in not previously seen, but that WAS IN EXISTENCE at the time of the original decision?

Your wife was refused because she failed to meet the requirements of the English test means that the ECO was correct in refusing her.

You can not provide evidence at an appeal hearing dated after the initial refusal and certainly not when it involves the English test.

Only way forward with this is to take another test AND PRESENT THAT WITH A NEW APPLICATION.

Yes, I have been looking at the refusal reasons, and there may be room for movement but not with the english test, everything else ~ solicitors etc has been a waste of time oand money.

OK now lets have a look at teh refusal wording:

ACCOMODATION

OK there is a difference between indefinite and limited support.

You have stated indefinite and that is where I think you have made a mistake.It should have been for a limited period instead.By indefinite support teh ECO assumes that your financial circumstances are not capable of supporting you and your wife and MAY/PROBALLY be reliant on your mum. In letters from 3rd party support you should always state that you will live with your parents till YOU ARE IN A POSITION to live on your own. Obviously once a visa is granted to your wife and she gets ILR, there is nothing to prevent you living with your mum which is an Asian custom.UKBA are hardly going to check on this are they?.

this was my first thought, that within the app there is no mention of "temporary" but there seems to be confusion of sub para's the refusal stated 281 v which is maintenance but referred also to the accommodation

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and


MARRIAGE SUBSISTING AND INTENYION TO LIVE TOGETHER:

Really difficult to comment without knowing your full personal circumstances, but this refusal is usually as a result of the couple unable to provide proof of long term relationship.

Intention to live permanently with the other means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently as husband and wife immediately following the outcome of the application in question or as soon as circumstances permit.

the OP talked about contact, but it depends on what that contact contained?

In assessing this part of the Rules it is useful, if possible, to have the views of both parties tested by the ECO. Where both partners are clearly committed to stay together irrespective of whether they live in the UK or not, the intention to live together will be shown. However, if it is clear that the sponsor will not leave the UK to live with the applicant elsewhere should the application for entry clearance be refused, the ECO will need to examine the reasons for this and how this bears on the relationship between the parties.

I disagree that if the sponsor shows no possibility that they would live in the applicants country whether it be a mutual one or not, that the app would be refused.

I don't know what you stated in your sponsorship letter about your personal circumstances, but this is one of the most important document in an application because it is in this document you state your full facts and circumstances and intention etc to the ECO.

It is this document in which you let your feelings be known to the ECO.

My advice to you is plain and simple.Do not proceed with appeal,it simply can not be overturned by the appeal court.Any decent and knowledgeable immigration advisor would advise you of this.

Furthermore I know you are frustrated by teh refusal,but you only have yourself to blame,because you have failed on the balance of probabilities to prove that your wife and you meet teh criteria required.

I must add that some of your comments in your post are probably offensive to asylum seekers, refugees or illegal immigrants or FRAUDIES , and I am sure these same people wont give two penneth to people like yourself if you want to leave the UK because of what has happened to you.

Like i have stated you want to calm down,think properly on the points that you have been refused and start to plan and prepare teh required documents for a fresh application.

If you are not sure about things, take a few minutes to read the link below my name which I wrote a few years back. I am sure it will be beneficial to you,

Hope this helps.

It is always difficult for people to take that step back, they always feel unjustly treated, unfairly refused, usually because they are not clear on what the reasons are for the ground for refusal.

[MelC]

Looking at the rejection reason it seems to imply that the ECO thinks that your mother will be supporting you financially? Did you provide evidence that you have a job or access to your own funds?

this has confused me, as the refusal point 281 v refers to maintenance, albiet the wording applies to accommodation and the two are related closely usually but are sperate points of 281, things like this really do confuse the issue for people

[aziqbal]

batleykhan thanks for ur insight but there is a case for argument regarding the score and solicator rotinuely engage ECO on this issue

sure 4.0 is B1 and anything less does not count and not within the scope of argument

but looking at the European framework and the way IELTS is set and going by the actual britishcouncil website, http://www.britishcouncil.org/slide_cefr-2.pdf it cleary states that 3.0 is A2 and 3.5 is B1, this is offical documentation from british council website

UKBA states 4.0 B1 is minimum but IELTS is set under EU framework, http://www.cambridgeesol.org/about/standards/cefr.html hence this point is arguable on this specific point

its common sense, if someone scores below 4 it is still above 1 which A1 equates too

this now comes down to ECO decision, if he think its ok i get the visa if not someone else can use this info in a productive way and maybe be sucessful, even if it 50% of the time

either way there is a case for defence on this issue, it is a grey area and not 100% clear, even ECO get confused over this issue and considering the nonesense they have written in other parts of the rejection letter i think they can be wrong and actually are

thanks again to all those contributing i am always learning

[aziqbal]

Looking at the rejection reason it seems to imply that the ECO thinks that your mother will be supporting you financially? Did you provide evidence that you have a job or access to your own funds?

this has confused me, as the refusal point 281 v refers to maintenance, albiet the wording applies to accommodation and the two are related closely usually but are sperate points of 281, things like this really do confuse the issue for people

i have no idea how they linked accomodation with maintenance?

UKBA states UK income support level for a couple per week for 2011-2012 should be 105.95 for a couple over 18 per week , now changed to £111.45 which isnt relavent to me since my application was submitted 2011, i am well above that level, so this leaves no room for argument on maintenance issue

at time of application the letter from my mum clearly says i dont pay rent and have accomodation

as time goes on i am getting more confident on these rejection issues, i think i will retire this ECO for good when i come face to face with him

[aziqbal]

Looking at the rejection reason it seems to imply that the ECO thinks that your mother will be supporting you financially? Did you provide evidence that you have a job or access to your own funds?

this has confused me, as the refusal point 281 v refers to maintenance, albiet the wording applies to accommodation and the two are related closely usually but are sperate points of 281, things like this really do confuse the issue for people

did u mean 281 (iv)?

where can i find these references? also ECG chapter 9.7, where can i check these references, also for 281 (i), (ii) and (iii)?

[MAliKhan]

I feel for you bro. It is testing times, but don't lose the positivity. Try and not make quick judgements too. My bro went through something like this, and hed get angry and frustrated by all of this. Just trust Allah, he'll find a way coz your not in the wrong. Of course your choice, but don't move out yet if your mother is not well at times She has top of the range free health provisions in the UK, so think of that too.

Just stay patient and trust whatever happens is for the best.

The stupid governmental systems really get on my nerve!!

[aziqbal]

I feel for you bro. It is testing times, but don't lose the positivity. Try and not make quick judgements too. My bro went through something like this, and hed get angry and frustrated by all of this. Just trust Allah, he'll find a way coz your not in the wrong. Of course your choice, but don't move out yet if your mother is not well at times She has top of the range free health provisions in the UK, so think of that too.

Just stay patient and trust whatever happens is for the best.

The stupid governmental systems really get on my nerve!!

thanks bro for the kind words, i just cant stand the we put our lives in the hand of uneducated incompetent people who we think we can trust

we pay tax, vote, work and live in this country, the only time we ask for something in return they say no, feel so let down by the system

btw anyone got any ideas on Human Rights Article 8? if they refuse on Ielets score can i bring up Human rights?

if worse comes to worse, i admit it, i should have picked the easy test, i made a mistake, i have taken the responsibility and paid the price for it, 9 months, even murderers are killers have human rights, they can see thier family and friends, all i did was make a mistake on a english test???

[MAliKhan]

Any time bro. Sorry can't be of much use yet,just browsing till I get to this stage. On the Human Rights part, that does sound plausible.

i hear you, but the way I see it, I live fearless from this, never trusted the system. We're in Allah's hands, sometimes you can do everything but it never turns out how you want it. Sometimes you just got to make those decisions in life and leave it to Him because whatever happens is for the best so you didn't make a mistake. We all have partners made for us, so 'whatever will be will be', don't test fate. Just chill and enjoy life. Easy for me to say, but it's not worth getting stressed over it bro.

Sorry for the preachiness, I can't help but talk like that, I truly believe it. Whatever the decision is, Allah is doing it because he knows you'll love wherever the conclusion is.

[aziqbal]

Any time bro. Sorry can't be of much use yet,just browsing till I get to this stage. On the Human Rights part, that does sound plausible.

i hear you, but the way I see it, I live fearless from this, never trusted the system. We're in Allah's hands, sometimes you can do everything but it never turns out how you want it. Sometimes you just got to make those decisions in life and leave it to Him because whatever happens is for the best so you didn't make a mistake. We all have partners made for us, so 'whatever will be will be', don't test fate. Just chill and enjoy life. Easy for me to say, but it's not worth getting stressed over it bro.

Sorry for the preachiness, I can't help but talk like that, I truly believe it. Whatever the decision is, Allah is doing it because he knows you'll love wherever the conclusion is.

bro ive heard all his before, but way you put it i have to say thanks again for the inspiring words, you are right, it is he who control all that is in the heavens and the earth, for him it is only a matter of command

maybe its just not written for me to get visa just yet, the reason lies with him, we cant disagree, as he is supreme in all creations

but i will try my best and try the hardest to fight the case, rest belongs to him, if he wishes the visa will be there if not still thanks to him for everything else in the world as he knows what we dont

[Gregarious]

I feel for you bro. It is testing times, but don't lose the positivity. Try and not make quick judgements too. My bro went through something like this, and hed get angry and frustrated by all of this. Just trust Allah, he'll find a way coz your not in the wrong. Of course your choice, but don't move out yet if your mother is not well at times She has top of the range free health provisions in the UK, so think of that too.

Just stay patient and trust whatever happens is for the best.

The stupid governmental systems really get on my nerve!!

thanks bro for the kind words, i just cant stand the we put our lives in the hand of uneducated incompetent people who we think we can trust

we pay tax, vote, work and live in this country, the only time we ask for something in return they say no, feel so let down by the system

btw anyone got any ideas on Human Rights Article 8? if they refuse on Ielets score can i bring up Human rights?

if worse comes to worse, i admit it, i should have picked the easy test, i made a mistake, i have taken the responsibility and paid the price for it, 9 months, even murderers are killers have human rights, they can see thier family and friends, all i did was make a mistake on a english test???

@ Buddy,

Human Rights Act 8 defines : Right to Respect for Private and Family Life. But it is not worthy in this stage. Am' Sorry you can't avail this on this stage.

[MAliKhan]

Any time bro. Sorry can't be of much use yet,just browsing till I get to this stage. On the Human Rights part, that does sound plausible.

i hear you, but the way I see it, I live fearless from this, never trusted the system. We're in Allah's hands, sometimes you can do everything but it never turns out how you want it. Sometimes you just got to make those decisions in life and leave it to Him because whatever happens is for the best so you didn't make a mistake. We all have partners made for us, so 'whatever will be will be', don't test fate. Just chill and enjoy life. Easy for me to say, but it's not worth getting stressed over it bro.

Sorry for the preachiness, I can't help but talk like that, I truly believe it. Whatever the decision is, Allah is doing it because he knows you'll love wherever the conclusion is.

bro ive heard all his before, but way you put it i have to say thanks again for the inspiring words, you are right, it is he who control all that is in the heavens and the earth, for him it is only a matter of command

maybe its just not written for me to get visa just yet, the reason lies with him, we cant disagree, as he is supreme in all creations

but i will try my best and try the hardest to fight the case, rest belongs to him, if he wishes the visa will be there if not still thanks to him for everything else in the world as he knows what we dont

That's the way to do it bro. Don't be hasty but do what you can and leave it for Allah, the true judge to settle your affairs according to his master plan. Dont wanna put a dampener on this, but my bro went through all this, and let's just say, he's more than happy now and he's in a place were all didn't expect it, so never lose hope. Everything happens for a good reason bro, it really does

[batleykhan]

This might be of interest to you regarding "subsisting of marriage"
http://www.immigrationboards.com/viewtopic.php?t=95280

but like I said earlier, you can argue successfully on two points of your refusal, but what you cant argue on is teh failure of your wife to pass the English test.

All this bit about your "Human rights" at this stage, I am afraid wont wash with the courts.......not yet anyway.

The most important thing now is to make sure you get your appeal in time,otherwise you will have no alternative but to make a fresh application( which is still in my opinion, your best shot at this stage)

[majid2011]

if you appeal. they have to give you some notixc withing 3 months.

full appeal process is 6 months