Losing Faith... Help? (Spouse Visa)

[akhan47]

I got married in Pakistan last year but could not stay because of work commitments. I submitted an application for spouse visa for my wife in Islamabad and then returned to the UK. The application was rejected because she did not do the English language test and her BA degree was not an acceptable alternative.

We submitted an appeal and are currently awaiting the court date. My wife has since passed the necessary English speaking and listening tests at an approved City & Guilds center, we have the certificates but they are dated January. She also gave birth to my daughter last month.

After doing a lot of reading on this forum I'm convinced her application will be rejected because the certificates will be dismissed as 'new evidence'. Having to apply again when I meet the financial requirements (unlikely for at least a year, probably 2) + having to apply for my baby's British passport (minimum 6 month wait is what FCO advise) is depressing. I can't miss 2 years of my daughter's life and not be with my wife for that long.

When I decided to get married I had no idea the rules would change now I'm really stuck... any advice?

[Daznov]

An appeal could take a long-time, mate. Was the BA taught in English?

[akhan47]

An appeal could take a long-time, mate. Was the BA taught in English?

Deadline is 4th June so we should have a court date by the end of June. Yes, the BA was taught in English but it is not the equivalent of a UK degree and therefore is not a suitable substitute for the language requirements.

My concern is that the appeal will be unsuccessful because of the above coupled with the fact that my wife only acquired the English speaking and listening certificates after the original application was rejected.

[Daznov]

Deadline is 4th June so we should have a court date by the end of June. Yes, the BA was taught in English but it is not the equivalent of a UK degree and therefore is not a suitable substitute for the language requirements.

My concern is that the appeal will be unsuccessful because of the above coupled with the fact that my wife only acquired the English speaking and listening certificates after the original application was rejected.

That's harsh. (About her BA.) I remember reading recently (on another forum) about a successful appeal on language requirements where the applicant took a test after the refusal. I guess it comes down to the judge on the day and it's something no one can predict.

For a new application, is there no way you can meet the financial requirements through any of the categories?

[akhan47]

Deadline is 4th June so we should have a court date by the end of June. Yes, the BA was taught in English but it is not the equivalent of a UK degree and therefore is not a suitable substitute for the language requirements.

My concern is that the appeal will be unsuccessful because of the above coupled with the fact that my wife only acquired the English speaking and listening certificates after the original application was rejected.

I remember reading recently (on another forum) about a successful appeal on language requirements where the applicant took a test after the refusal. I guess it comes down to the judge on the day and it's something no one can predict.

For a new application, is there no way you can meet the financial requirements through any of the categories?

Really? That's great news, then there is some hope for me... can you remember where you read this?

I won't meet the financial requirements for a long time yet. I'm starting my final year at university in October... I've been working very hard part-time whilst studying for the past 2 years to ensure I had sufficient funds and wage slips but didn't anticipate the rules changing.

[Daznov]

Yeah, the new financial rules are harsh. I can understand they needed a change in the system, but not one that interferes with the right to family life.

The one I read was http://www.expatforum.com/expats/britai ... lowed.html

Although it seems like the person was already in the UK. However, there's only something to gain by trying. It's very petty of them, really, especially as it's interfering with your right to family life and the best interests of your baby daughter.

[akhan47]

Yeah, the new financial rules are harsh. I can understand they needed a change in the system, but not one that interferes with the right to family life.

The one I read was http://www.expatforum.com/expats/britai ... lowed.html

Although it seems like the person was already in the UK. However, there's only something to gain by trying. It's very petty of them, really, especially as it's interfering with your right to family life and the best interests of your baby daughter.

Thank you, this has given me some hope that I have a chance of winning the appeal. Just going to pray we get a good judge.

[Daznov]

Fingers crossed for you, mate.

[zully]

I got married in Pakistan last year but could not stay because of work commitments. I submitted an application for spouse visa for my wife in Islamabad and then returned to the UK. The application was rejected because she did not do the English language test and her BA degree was not an acceptable alternative.

We submitted an appeal and are currently awaiting the court date. My wife has since passed the necessary English speaking and listening tests at an approved City & Guilds center, we have the certificates but they are dated January. She also gave birth to my daughter last month.

After doing a lot of reading on this forum I'm convinced her application will be rejected because the certificates will be dismissed as 'new evidence'. Having to apply again when I meet the financial requirements (unlikely for at least a year, probably 2) + having to apply for my baby's British passport (minimum 6 month wait is what FCO advise) is depressing. I can't miss 2 years of my daughter's life and not be with my wife for that long.

When I decided to get married I had no idea the rules would change now I'm really stuck... any advice?

Hi, I have been through a court case, and its totally acceptable that the test was passed after refusal. As you had a valid reason to why you thought the degree was acceptable. Lots of people have had to redo this test and have been granted a visa.
I would say to you get a solicitor involved and go to court inshallah you will win you have really good grounds and haven't done anything wrong. You can now show new evidence for court which will go in your favour and your daughter is also apart from you and that's not right.... The judges are really sympathic towards us. Don't stress. I would say that when you get a court date if you write to the home office rep and show that you have everything a d that you can support your wife.. He may withdraw the case before going court.....

[akhan47]

I got married in Pakistan last year but could not stay because of work commitments. I submitted an application for spouse visa for my wife in Islamabad and then returned to the UK. The application was rejected because she did not do the English language test and her BA degree was not an acceptable alternative.

We submitted an appeal and are currently awaiting the court date. My wife has since passed the necessary English speaking and listening tests at an approved City & Guilds center, we have the certificates but they are dated January. She also gave birth to my daughter last month.

After doing a lot of reading on this forum I'm convinced her application will be rejected because the certificates will be dismissed as 'new evidence'. Having to apply again when I meet the financial requirements (unlikely for at least a year, probably 2) + having to apply for my baby's British passport (minimum 6 month wait is what FCO advise) is depressing. I can't miss 2 years of my daughter's life and not be with my wife for that long.

When I decided to get married I had no idea the rules would change now I'm really stuck... any advice?

Hi, I have been through a court case, and its totally acceptable that the test was passed after refusal. As you had a valid reason to why you thought the degree was acceptable. Lots of people have had to redo this test and have been granted a visa.
I would say to you get a solicitor involved and go to court inshallah you will win you have really good grounds and haven't done anything wrong. You can now show new evidence for court which will go in your favour and your daughter is also apart from you and that's not right.... The judges are really sympathic towards us. Don't stress. I would say that when you get a court date if you write to the home office rep and show that you have everything a d that you can support your wife.. He may withdraw the case before going court.....

Thank you so much, your words have made me a lot more confident... I really appreciate it. I will be taking your advice and writing to the home office rep.

[gdl]

Hello All,

Hope all of us support for this petition to be considered by showing support and frustration caused by UKBA.

http://epetitions.direct.gov.uk/petitions/34835

Please ask your friends and families...as many people as you possibly can...email this link to one and all... as huge numbers are still required for this petition to be considered.

Major numbers will come at this stage from others rather than actual applicants- and they should assist assuming someday in future they could be directly affected by this in action.

Regards

[vinny]

An appeal could take a long-time, mate. Was the BA taught in English?

Deadline is 4th June so we should have a court date by the end of June. Yes, the BA was taught in English but it is not the equivalent of a UK degree and therefore is not a suitable substitute for the language requirements.

Did NARIC not recognise her degree as equivalent to a UK bachelor's degree?

[akhan47]

An appeal could take a long-time, mate. Was the BA taught in English?

Deadline is 4th June so we should have a court date by the end of June. Yes, the BA was taught in English but it is not the equivalent of a UK degree and therefore is not a suitable substitute for the language requirements.

Did NARIC not recognise her degree as equivalent to a UK bachelor's degree?

No, I was unaware of this at the time as on the application form it simply states 'a degree that was taught in English'.