Dependent of a settled person - Visa refused - Please help

[dhina1981]

Hi,

My wife applied for spouse visa under the category "Dependent of a settled person" as I have ILR. Visa was refused citing the reason that she did not meet the English language requirement. The "Points Calculator" shows "0" points if I input her degree details. However, now I've got the "Naric" letter confirming that her degree is equivalent to british bachelors degree and also letter from her university stating that the degree was taught in "English". Is this enough for reapplying (or) should she take the English test anyway.

Please help me with the clarification.

Thanks
D

[vinny]

Appeal?

Was this an out of UK entry clearance application?

[Amber]

If the PBS calculator said 0, you should have supplied the statement of comparability, it is NARIC which is ultimately used to recognise the comparability of degree awards. This new evidence should suffice the requirement.

[dhina1981]

Appeal?

Was this an out of UK entry clearance application?

Yes, the application was made in India (Chennai). The first application was made in Jan 2013 which was refused for the lack of financial requirement docs. They did not mention anything about the "degree not getting recognised" in the first refusal. (submitted same degree certificate all the time)

Then second application (May 2013) was made with all the financial docs, then UKBA refused again this time citing the reason "Degree not equivalent to UK degree". If UKBA mentioned this in the first refusal itself, I would've kept NARIC letter in the second application.

Do u think I can question UKBA for this ? Please advice.

Everytime it took 3 months for the decision.


Now I'm planning to reapply for the third time with the NARIC letter.

[dhina1981]

If the PBS calculator said 0, you should have supplied the statement of comparability, it is NARIC which is ultimately used to recognise the comparability of degree awards. This new evidence should suffice the requirement.

Thank you.


Cheers
Dhina

[vinny]

It may be better to appeal.

[dhina1981]

It may be better to appeal.

Thanks for the advice.

But one of the immigration solicitor told me that appeal will take 1 year time. Is that true ?

[vinny]

No. It may get overturned earlier at the ECM review. She may also reapply while the appeal is pending and taking too long, if she wishes.

[params0073]

Hi adhina1981,
any updates regarding your case ?

Param