Pakistan spouse visa rejcted advice needed

[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

pm'd you bro

[mosesmoses]

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)

I would just like to say this is 100% correct, my wifes visa was rejected last year on basis of not passing english test (she did ielts and we thought she had enough marks but they dont dont accept anything under 4.0 as we learned later on) and proof of contact.

We should have just re-applied but we went through appeal process where we submit print outs from the internet showing 3.5 = A2 but it was rejected still...

My wife has now done BULATS in Islamabad and got A2 score. But alot of time was wasted with the appeal process, we thought we had a case but on reflection and doing much more thorough research (which I should have done before hand really) it was clear that she didn't meet the requirement.

To anyone else thinking of making your spouse do ielts, I would suggest against it unless they have decent standard of english!!

[MAliKhan]

Good luck with that. There's always something with these people.

[aziqbal]

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)

I would just like to say this is 100% correct, my wifes visa was rejected last year on basis of not passing english test (she did ielts and we thought she had enough marks but they dont dont accept anything under 4.0 as we learned later on) and proof of contact.

We should have just re-applied but we went through appeal process where we submit print outs from the internet showing 3.5 = A2 but it was rejected still...

My wife has now done BULATS in Islamabad and got A2 score. But alot of time was wasted with the appeal process, we thought we had a case but on reflection and doing much more thorough research (which I should have done before hand really) it was clear that she didn't meet the requirement.

To anyone else thinking of making your spouse do ielts, I would suggest against it unless they have decent standard of english!!

did u take a immigration lawyer with you to the hearing?>

[mosesmoses]

They didnt give a hearing, the appeal was rejected! From what I've learned there is no CEFR equivilant to A1 or A2 for measuring ielts score. Therefore they only accept B1 or higher which is 4.0 or higher and you need it in both speaking and listening. This is why it was rejected, they will not accept anything under 4.0 even though I found a couple of charts on the internet which say 3.5 = A2 and 3.0 = A1.

[harv]

Hi mosesmoses

The charts you found online are not put together by the IELTS boards themselves, so these are rendered incorrect on the basis that the examining body does not recognise the scores below 4.0 to have any equivalences with CEFR.

I would suggest to go for TOEIC or ESOL or any other easier tests that may be available locally. Just make sure the certificates are also available after taking the exams as in some exam types the certificates may take upto 3 moths to arrive.

I would suggest calling your local providers of these test and enquiring about the dates and average time taken to get the official certificates.

[aziqbal]

They didnt give a hearing, the appeal was rejected! From what I've learned there is no CEFR equivilant to A1 or A2 for measuring ielts score. Therefore they only accept B1 or higher which is 4.0 or higher and you need it in both speaking and listening. This is why it was rejected, they will not accept anything under 4.0 even though I found a couple of charts on the internet which say 3.5 = A2 and 3.0 = A1.

did u take this letter with you
http://www.britishcouncil.org/slide_cefr-2.pdf

its from the british council with is s govermental department, at the time i called and asked UKBA for clarification on this issue, as it does not catigorically say that below 4.0 ur case will be rejected, on the Q&A section it clearly says for TOEIC below 4.0 ur do not meet english langauge but NOT for IETLS, this on the UKBA itself

UKBA never got back to me even after 5 emails!!! so i took my own initiative and did some search and found many links that said its equal to A1 and B1

now if UKBA are not clear, if they dont return emails to clarify when someone ask, and they refuse to put clear instruction on website then how is that our fault??

there is aleast haalf dozen links under CEFR framework that gives 3.0 = A2 and 3.5= B1, IETLS itself is part of thaat framework

its like me not giving someone clear info, they ask me i dont tell them, then when they find out themselves i say, "oh no but its no in UKBA website its not offical"

[aziqbal]

here is what it says about TOEFL test but NOT IELTS

"SET 17.4.2 What if the applicant does not meet the B1 level, is it possible that they may have demonstrated English to the A1?
If the applicant scores below the minimum required for the B1 level then they cannot use this as evidence of meeting the English language requirement. The TOEFL Internet based test is not designed to test below the B1 level and therefore there is no way of establishing what score would be required to meet the A1 level."

http://www.ukba.homeoffice.gov.uk/polic ... 7/#header2

why do they not say this about IELTS???????????????? if they did everyone would know below 4.0 is clear fail!!!!!!!!!!!!!!!!!!!!!

[mosesmoses]

"SET 17.4.2 What if the applicant does not meet the B1 level, is it possible that they may have demonstrated English to the A1?
If the applicant scores below the minimum required for the B1 level then they cannot use this as evidence of meeting the English language requirement. The TOEFL Internet based test is not designed to test below the B1 level and therefore there is no way of establishing what score would be required to meet the A1 level."

Yes it doesnt say for ielts but when I emailed them i got a response after aeound 3 weeks with almost identical wording but for ielts. This was last year, I will try to find the email for you too see. Its extremely annoying they dont make it crystal clear as I went through the exact same thing as you but they will not budge from their decision. In the initial application refusal they just said we didnt meet the a1 requirement. Then in the appeal refusal they said exactly what is written above, that nothing under 4.0 is measurable on CEFR therefore only B1 and higher is accepted.

So many ppl face these same confusions I really dont understand why they dont make it clear under the english requirements pages

In the end we had to bite the bullet and take a different test. Going for 2nd application next week inshallah.

[aziqbal]

"SET 17.4.2 What if the applicant does not meet the B1 level, is it possible that they may have demonstrated English to the A1?
If the applicant scores below the minimum required for the B1 level then they cannot use this as evidence of meeting the English language requirement. The TOEFL Internet based test is not designed to test below the B1 level and therefore there is no way of establishing what score would be required to meet the A1 level."

Yes it doesnt say for ielts but when I emailed them i got a response after aeound 3 weeks with almost identical wording but for ielts. This was last year, I will try to find the email for you too see. Its extremely annoying they dont make it crystal clear as I went through the exact same thing as you but they will not budge from their decision. In the initial application refusal they just said we didnt meet the a1 requirement. Then in the appeal refusal they said exactly what is written above, that nothing under 4.0 is measurable on CEFR therefore only B1 and higher is accepted.

So many ppl face these same confusions I really dont understand why they dont make it clear under the english requirements pages

In the end we had to bite the bullet and take a different test. Going for 2nd application next week inshallah.

i know it sucks

well i have a oral hearing and not a paper one, i assume urs was a written hearing, i am going in there with everything and anything i can throw at them, i have nothing to losse and everything to gain

i have waited 10 months and will just go all out, give it my best shot and see what they say, sometimes in person they can be little bit better understanding than in a written appeal cus ur face to face