Spouse visa refused on english test can we appeal

[Skyblo]

Hi
My wife's visa being refused due to not met A1 english as required
here is refusal detail:
I Have refused your application becuase im not satisfied on the balance of probabilites that you meet all of the relevant paragraph of UK immigration rules.

my question is my wife did her IELTS test and she got 4.0 for overall score. which is B1 and UKBA they only want A1, and i dont think Ielts have A1 anymore which already lower requirement than B1. her sores were overall 4.0 but breakdown were like
5.0 for speaking
3.5 for listening
4.0 for writing
3.0 reading

I just want to to know if we have a case for appeal, it seemed so unfair to start all over again.
thanks
application submitted on 18/10/2013
refusal date 12/12/2013
at Rabat/Morocco

[WR1]

Yes, you can appeal the decision

The issue is that the Home Office is only concerned with the Speaking and Listening results, the reading and writing scores is irrelevant as this is not required for spouse visa, therefore the overall score is not considered.

You only need Level A1 and you are correct in saying that a score of 4.0 is a level B1 in the IELTS test. The problem is that the UK Border state in their guidance notes a score of 4.0 is required for both listening and speaking.

Thus there is a discrepancy between the guidance (which requires Level B1) and paragraph 281 of the immigration rules that requires Level A1.

I was exactly in the same position as you. My spouse's visa was refused because she obtained a score of 3.5 in the listening (got 5 in the speaking) and they refused the decision citing paragraph 281 of the immigration rules that this is less than the Level A1.

I appealed the decision by choosing the Oral Hearing option for appeal, went on Google and printed off several charts that showed a table comparison between the IELTS and the CEFR scoring system which placed a score of 3.5 at Level A2 to B1 (there is no direct score comparison, so is variable)

Attended court and explained to the Judge why the decision is wrong. The guy from the Home Office could only refer to the guidance notes saying a score of 4.0 was required. I stated a score of 4 was Level B1, the immigration rules only ask for a Level A1. Home Office could not provide evidence a score of 3.5 was lower than Level A1 when asked by the Judge (even though the Judge allowed a break half way for the Home Office guy to contact his office to further reference).

Due to the overwhelming evidence I provided in support of my appeal, I knew what the outcome would be, and within a week, I received a letter stating my appeal was allowed and that the UKBA's decision was wrong.

I would say, appeal the decision. You stand a good chance of having the decision overturned.

[Skyblo]

Thank you so much for that information its good to know you being through this and have won your case

I will be apppealing against the decesion ASAP

[Knight111]

Yes, you can appeal the decision

The issue is that the Home Office is only concerned with the Speaking and Listening results, the reading and writing scores is irrelevant as this is not required for spouse visa, therefore the overall score is not considered.

You only need Level A1 and you are correct in saying that a score of 4.0 is a level B1 in the IELTS test. The problem is that the UK Border state in their guidance notes a score of 4.0 is required for both listening and speaking.

Thus there is a discrepancy between the guidance (which requires Level B1) and paragraph 281 of the immigration rules that requires Level A1.

I was exactly in the same position as you. My spouse's visa was refused because she obtained a score of 3.5 in the listening (got 5 in the speaking) and they refused the decision citing paragraph 281 of the immigration rules that this is less than the Level A1.

I appealed the decision by choosing the Oral Hearing option for appeal, went on Google and printed off several charts that showed a table comparison between the IELTS and the CEFR scoring system which placed a score of 3.5 at Level A2 to B1 (there is no direct score comparison, so is variable)

Attended court and explained to the Judge why the decision is wrong. The guy from the Home Office could only refer to the guidance notes saying a score of 4.0 was required. I stated a score of 4 was Level B1, the immigration rules only ask for a Level A1. Home Office could not provide evidence a score of 3.5 was lower than Level A1 when asked by the Judge (even though the Judge allowed a break half way for the Home Office guy to contact his office to further reference).

Due to the overwhelming evidence I provided in support of my appeal, I knew what the outcome would be, and within a week, I received a letter stating my appeal was allowed and that the UKBA's decision was wrong.

I would say, appeal the decision. You stand a good chance of having the decision overturned.

Hi WR1,
This is very informative answer thanks.
Just quick question where did you appral? Did you appeal in court in the UK or in the embassy where you first applied?

Thanks