Refusal overturned! Visa granted!

[seagul]

I disagree that the refusal on grounds of English language is correct because English test need to be either Ielts life skills or IELTS for ukvi and B2 test is a IELTS for ukvi even at higher level where its reading & writing scores should be ignored as per the regulations. I suspect the OP hadn't given test ukvi number.

[Casa]

I disagree that the refusal on grounds of English language is correct because English test need to be either Ielts life skills or IELTS for ukvi and B2 test is a IELTS for ukvi even at higher level where its reading & writing scores should be ignored as per the regulations. I suspect the OP hadn't given test ukvi number.

"How is my IELTS test different if I take it for UK visa purposes?
Separate sessions will be held for UKVI applicants. You must ensure you register for an “IELTS for UKVI” test date"
AND
"[i]The IELTS test for UK visa purposes is designed to meet certain administrative requirements that are specific to UK Visas and Immigration. Test Report Forms will be slightly different, to show that test takers have taken the test at an IELTS UK visa session."
[/i]
AND
"You must confirm at the time of registration that you wish to use your test result for these purposes."


https://takeielts.britishcouncil.org/ie ... for%20UKVI?

[seagul]

I disagree that the refusal on grounds of English language is correct because English test need to be either Ielts life skills or IELTS for ukvi and B2 test is a IELTS for ukvi even at higher level where its reading & writing scores should be ignored as per the regulations. I suspect the OP hadn't given test ukvi number.

"How is my IELTS test different if I take it for UK visa purposes?
Separate sessions will be held for UKVI applicants. You must ensure you register for an “IELTS for UKVI” test date"
AND
"[i]The IELTS test for UK visa purposes is designed to meet certain administrative requirements that are specific to UK Visas and Immigration. Test Report Forms will be slightly different, to show that test takers have taken the test at an IELTS UK visa session."
[/i]
AND
"You must confirm at the time of registration that you wish to use your test result for these purposes."


https://takeielts.britishcouncil.org/ie ... for%20UKVI?

2 IELTS for UKVI can be used where IELTS Life Skills is used; test takers would need to get 4.0 or above in Speaking and Listening (scores for Reading and Writing will be ignored).

https://takeielts.britishcouncil.org/ielts-ukvi/score

[ariamus]

Sadly, I think the ECO is correct.

They have stated I note that you have provided an IELTS certificate however this is a General
Training certificate and for the purposes of the Immigration Rules this is not recognised
as an appropriate English Language certificate as it was not awarded by a UKVI
registered provider.

Best to take the approved UKVI tests per https://assets.publishing.service.gov.u ... ebsite.pdf and re-apply.

You will receive a refund for the IHS fee.

[seagul]

Sadly, I think the ECO is correct.

They have stated I note that you have provided an IELTS certificate however this is a General
Training certificate and for the purposes of the Immigration Rules this is not recognised
as an appropriate English Language certificate as it was not awarded by a UKVI
registered provider.

Best to take the approved UKVI tests per https://assets.publishing.service.gov.u ... ebsite.pdf and re-apply.

You will receive a refund for the IHS fee.

Read again the first page of same link the B2 is IELTS for UKVI which must be accepted.

[haylou2]

Unfortunately, I think the refusal may be correct. If the certificate does not have a "UKVI Number" then it was not an IELTS for UKVI test.

From https://assets.publishing.service.gov.u ... s-v2.0.pdf

What is the unique reference number?
From 6 April 2015 all candidates who pass a SELT test will be issued with a unique reference number. This number will be used to identify the candidate and to verify their results.

What if I don't have a unique reference number?
If you are not issued with a unique reference number the caseworker dealing with your application will be unable to verify the results. This may result in your application being refused.

[taffet87]

IELTS general and IELTS Academic are both acceptable as higher than other basic categories.

But they have to be IELTS for UKVI not normal ones. Fees etc everything is the same but when you book you Have to choose the “for UKVI” option which seems to have not been done.

This means the test certificate is not acceptable and will need a new application.

[lampwick]

an update: refusal overturned! visa granted!
I will write a new post with further information, this post will have been buried by now. Thank you to all for your assistance.

[CR001]

an update: refusal overturned! visa granted!
I will write a new post with further information, this post will have been buried by now. Thank you to all for your assistance.

Please post in this topic instead of starting a new one so that members can read your full story and advise. Any new topic will be merged with this one.

announcements/multiple-posts-will-be-lo ... t5722.html

[lampwick]

Hello all. A few months ago I posted about my wife's refusal here: https://www.immigrationboards.com/immigration-for-family-members/clear-eco-mistake-what-are-my-options-t262681.html so please take a look for the background info. The gist is this: we were refused as she took an IELTS General Studies exam and scored B2, but it was not IELTS for UKVI. This was the only reason for refusal as we more than exceeded all other requirements.

Yes, we should have been more diligent, but the list of approved centres stated 'IELTS' and that it must be A1 or above. Also, at the visa centre itself, no one asked if this was for a UK visa or stated there was a different test for this. My wife's English is excellent so we didn't have any concerns at the time.

Since we felt that the refusal was for such a tiny technicality, to appeal would take approximately one year and with no guarantee of success. To re-apply would also be costly, take time, and was downright unnecessary for such a small issue. We decided to go to my MP.

My MP was happy to take up the issue as although he is familiar with visa issues, most of his constituents that see him about this do not actually qualify for said visa (usually the income requirement) and there is little he can do. In our case, he agreed that this was too small an issue to go through re-applying and he would use his considerable powers to have it overturned.

Approximately one month later we received a letter from him, showing his correspondence with a senior UKVI official who upheld the refusal and encouraged us to either appeal or re-apply. We resigned ourselves to having to re-apply.

Undeterred, my MP then wrote to the Home Secretary himself, The Rt. Hon. Sajid Javid. We expected nothing, not even a reply, or perhaps a reply from one of his minions upholding the refusal again. We were discussing two days ago that we would have to gather the documents again to re-apply and out of nowhere we received an email from UKVI to say that, on the instruction of the Home Secretary himself, her refusal has been overturned and her visa will be granted! We simply have to pay the IHS again and visit the visa processing centre in Kiev!

I hope this encourages some of you that have had refusals on a technicality to keep pursuing the matter - and don't let your MP take no for an answer! Good luck, guys.

[Londoner007]

Great outcome, enjoy!

[CR001]

Topics merged!

announcements/multiple-posts-will-be-lo ... t5722.html

[vinny]

Approximately one month later we received a letter from him, showing his correspondence with a senior UKVI official who upheld the refusal and encouraged us to either appeal or re-apply. We resigned ourselves to having to re-apply.

Undeterred, my MP then wrote to the Home Secretary himself, The Rt. Hon. Sajid Javid. We expected nothing, not even a reply, or perhaps a reply from one of his minions upholding the refusal again. We were discussing two days ago that we would have to gather the documents again to re-apply and out of nowhere we received an email from UKVI to say that, on the instruction of the Home Secretary himself, her refusal has been overturned and her visa will be granted! We simply have to pay the IHS again and visit the visa processing centre in Kiev!

Great to see a Home Secretary with good common sense.

[Londoner007]

I never understood why UKVI dont accept General IELTS which requires higher level of English competency. I know a case went to higher courts regarding this, but the judged ruled they couldn't clearly translate the score numbers to equivalent Life Skills Bands.

Home Office should make it much clearer and easier for people to use different levels to meet the English requirement.

[seagul]

Refusal is incorrect because see list below and B2 at centre # UA001 is on the list of UKVI. B2 test is even higher than B1 and is UKVI approved test.

https://assets.publishing.service.gov.u ... ebsite.pdf

Congratulations. You were already advised that refusal was incorrect

[lampwick]

Actually Seagul, refusal was technically correct. Her IELTS was the IELTS General Studies exam, not IELTS For UKVI. A small technicality, but we were nonetheless refused. According to the rules, refusal was sound. IELTS General Studies is much more in depth than for UKVI and incorporates a writing component too, so I still don't understand why a much more thorough examination cannot be accepted. In this case, common sense prevailed, but only because we took it all the way.

[Londoner007]

Agreed. It was a correct refusal but also a very correct common sense to over-turn it. Which equals a very good and fortunate result. I'd advise everyone to follow their guidance and submit what is expected of them, as we already know common sense doesn't always work with UKVI and not everyone will end up getting a overturn of decision.

Submit what they expect to see rather than what you think they may accept.

All the best for the future.

[seagul]

Again. Refusal was incorrect because your test centre was on HO list and plus you done ever higher level and that level is still on HO list. Its very clear in guidance that your other two elements reading & writing will be ignored. Refusal was incorrect.

[vinny]

If the ECO/caseworker was unsatisfied with the English test certificate, then I think s/he should have given the applicant an opportunity to correct the defect.

[bathanza]

Congratulations!! Common sense prevails. It's crazy technicalities can impact lives

[kjmiami]

Hello Lampwick,
I am also an applicant of settlement visa with priority service here in the Philippines.
After 55 working days I received my passport with a refusal letter. Stated that we can appeal.
I submitted the refusal letter to our solicitor. Our solicitor found that it was an error decision. Our solicitor emailed the administrative, asking to review our application; pointing the 2 reasons that we “did not met” (TB Test and financial) accompanied by a documents we’ve provided during application. After less than 2 weeks, our solicitor sent us an email saying that our application decision was overturned followed by a forwarded email from the UK Decision Making Center. The email says: Submit your passport to the VAC. Submit a copy of the email (which stating my application was overturned).
Today I sent my sister to the VAC/VFS to submit my passport and the copy of the email, VFS accepted my docs, but cannot provide a time frame of how long it would take to have my passport back.

May I know how long it took you to finally have your passport with the visa?
Is overturned means it’s finally granted or they have to review it again?

Thank you!

[Butterfly031112]

We are at the same boat.Wondering how long to wait visa passport stamping in consulate Manila.My Daughter has been refused before in some lil mistake but we appeal and they overturned their original refusal and asked my Daugther to pay her IHS and submit her passport.My consultancy says that some of her clients waited their passport for 3 months,one month,10 days.Any updated regarding your passport?

[Butterfly031112]

Hello Lampwick,
I am also an applicant of settlement visa with priority service here in the Philippines.
After 55 working days I received my passport with a refusal letter. Stated that we can appeal.
I submitted the refusal letter to our solicitor. Our solicitor found that it was an error decision. Our solicitor emailed the administrative, asking to review our application; pointing the 2 reasons that we “did not met” (TB Test and financial) accompanied by a documents we’ve provided during application. After less than 2 weeks, our solicitor sent us an email saying that our application decision was overturned followed by a forwarded email from the UK Decision Making Center. The email says: Submit your passport to the VAC. Submit a copy of the email (which stating my application was overturned).
Today I sent my sister to the VAC/VFS to submit my passport and the copy of the email, VFS accepted my docs, but cannot provide a time frame of how long it would take to have my passport back.

May I know how long it took you to finally have your passport with the visa?
Is overturned means it’s finally granted or they have to review it again?

Thank you!

Wer on the same boat,any update regarding your passport?

[kjmiami]

It’s been a crazy visa working!
From paying priority, waiting for months unexpectedly and an error decision! Goodness.

I am now in UK. What happened was; our solicitor emailed the administrator office manager in HO telling them that the decision was error with a follow-up documents. After a week, our solicitor received an email that they’ll overturn the decision. Administrator email was printed and submitted together with my passport back to VFS. Less than a week, I got my visa.

Have anyone here got married in UK and applied for FLR? Our wedding this month and I need to apply for FLR. Unfortunately, it will cost a fortune £5000 with solicitors help. We’re thinking of doing it ourselves. But I’m afraid I won’t be granted if we make mostakes.

Any help pleaseeeee?
KJ

[ariamus]

It’s been a crazy visa working!
From paying priority, waiting for months unexpectedly and an error decision! Goodness.

I am now in UK. What happened was; our solicitor emailed the administrator office manager in HO telling them that the decision was error with a follow-up documents. After a week, our solicitor received an email that they’ll overturn the decision. Administrator email was printed and submitted together with my passport back to VFS. Less than a week, I got my visa.

Have anyone here got married in UK and applied for FLR? Our wedding this month and I need to apply for FLR. Unfortunately, it will cost a fortune £5000 with solicitors help. We’re thinking of doing it ourselves. But I’m afraid I won’t be granted if we make mostakes.

Any help pleaseeeee?
KJ

Congratulations.

What type of visa have you currently got and when does it expire?