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Query Regarding Appeal and Reapplying the Application

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tejinder456
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Query Regarding Appeal and Reapplying the Application

Post by tejinder456 » Thu Aug 02, 2012 12:46 pm

Hi,

My sister has applied for UK Visa under SETTLEMENT WIFE case on 28-Feb-2012. Her Visa got refused on the basis that she doesn't has enough knowledge of English and failed to produce scores in individual component in her KET Exam Statement of Result.

Now we believe that this totally unfair and UKBA has given wrong Refusal. UKBA has already taken 5 months for refusing the VISA. Now we are confused how to proceed further. Whether we should apply for Fresh Application (By giving new Exam IELTS for English Assessment) or Appeal for the Original Decision. We want to follow the path in which we get the VISA in lesser duration.

Please advise.

Thanks
Tejinder

som1984
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Post by som1984 » Thu Aug 02, 2012 1:04 pm

did you hand in the results from the english exam and more importantly did she pass?

tejinder456
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Post by tejinder456 » Thu Aug 02, 2012 5:02 pm

Yes. We have provided the KET Certificate and Statement of Result. She passed the exam with Distinction (Scoring 96 out of 100 marks).

tejinder456
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Location: India

Post by tejinder456 » Thu Aug 02, 2012 5:03 pm

som1984 wrote:did you hand in the results from the english exam and more importantly did she pass?

Yes. We have provided the KET Certificate and Statement of Result. She passed the exam with Distinction (Scoring 96 out of 100 marks).

harv
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Post by harv » Thu Aug 02, 2012 5:33 pm

What did she get in each of the modules:

Listening
Speaking
Reading
Writing

KET is mentioned in the approved tests by the UKBA (http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf). If she scored Distinction then the results meet the requirements correctly on B1 level (in your case you only needed A1, so the results are better then requirements).

What did you enclose with your application in terms of the KET results proof?
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

tejinder456
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Posts: 7
Joined: Thu Aug 02, 2012 12:24 pm
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Post by tejinder456 » Thu Aug 02, 2012 5:49 pm

She got level B1 and Pass With Distinction in each level (Listening, Speaking, Reading, Writing).
With the original application on 28-Feb-12 we included only the KET Certificate along with other documents. On 3-May-2012 we have got a call from BHC for submission of scores in each component. on 4-May we have submitted the Statement of Result as well for KET.
Still the VISA got refused on 10-July-2012 stating that she is unable to provide the scores in each component in KET Exam.
harv wrote:What did she get in each of the modules:

Listening
Speaking
Reading
Writing

KET is mentioned in the approved tests by the UKBA (http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf). If she scored Distinction then the results meet the requirements correctly on B1 level (in your case you only needed A1, so the results are better then requirements).

What did you enclose with your application in terms of the KET results proof?

harv
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Posts: 576
Joined: Wed Dec 22, 2010 11:51 am
Location: London
United Kingdom

Post by harv » Fri Aug 03, 2012 9:37 am

Since you did not provide the statement of scores with the application to start with, that has caused the issue to creep up. Although they have requested these documents later on, they ignored them. This happens many many times and people have been refused due to the ignorance.

You should appeal straight away and I am pretty sure this case will overturn during the ECM review as the documents are available to them already.

Write a cover letter explaining the situation and adding a copy of all the English test documents you have including the statement of scores.
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

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