Re-applying after Spouse visa refused

[Zed701]

Hello everyone,

Am new to this forum so hoping someone with experience and knowledge will be able to assist me!!

I applied for my husband's entry clearance visa early in August which got refused

I am now re applying.

On the refusal letter it states:

Section S-EC- Suitability-Entry Clearance Requirements
> Met

Section E-ECP: Eligibility for entry clearance as partner
> Met

Financial Requirements
> Met

English Language Requirements: (which is the reason for refusal)
> You have not passed an "IELTS for UKVI" test and therefore application is refused.

Unfortunately my husband selected and passed General IELTS test which is NOT a UKVI IELTS (Life Skills A1) and although he did pass the more difficult one as compared to Life Skills, still got refused (which logically speaking is stupid coz at the end of the day it is still English language he proved he can speak/listen and even read/write.

Regardless of the above, we admit this is our fault and we should have carefully selected the correct IELTS test.

He has now passed the Life Skills A1 test.

So I've got two questions:

1. As per the refusal letter, it clearly states the other sections (financial/maintenance/accommodation etc) as requirements 'MET', I was wondering if they actually do bother and check 'ALL' sections and supporting documents and mark them as MET only after they have checked all sections with supporting documents OR will they just save them some time and mark them as requirements met coz it doesn't matter as they already have a valid reason to refuse (in our case an incorrect IELTS certificate)?

2. Do you think it will be beneficial in any way if I enclosed a copy of the refusal letter and also specify the reason of refusal in my covering letter, just to make it easy for the ECO OR do you think this won't have an impact and I should submitted this new application fresh anyway?

Please could you advise with your experience and knowledge.

Many thanks!

[seagul]

Its really a stupid act to refuse application on English test grounds where more advanced level of English test is being passed. Can you give list of documents you attached??

[Saadat_Irfan]

What are your documents?

[Zed701]

Here are all my submitted documents:

Accommodation:
- Land Registry
- Title Deed
- Mortgage Statement covering 12 months
- Property Inspection Report

Relationship:
- Marriage certificate
- Whatsapp call log and chat history
- FB screen shots
- few random emails
- Western union money sent receipts

Maintenance:
- 6 payslips
- 6 months bank statement
- Employer letter

TB certificate

and of course the (wrong) IELTS certificate

That's it!

Any thoughts on my questions above please? Anyone?

[Casa]

Best to swallow the cost and re-apply with the correct qualification. The ECO hasn't made an error of judgement and the appeal process can take up to 1 year.

[Zed701]

Thanks Casa, this is exactly what I am doing, appeal is simply not an option.

Would you be able to shed light on these two questions please?

1. As per the refusal letter, it clearly states the other sections (financial/maintenance/accommodation etc) as requirements 'MET', I was wondering if they actually do bother and check 'ALL' sections and supporting documents and mark them as MET only after they have checked all sections with supporting documents OR will they just save them some time and mark them as requirements met coz it doesn't matter as they already have a valid reason to refuse (in our case an incorrect IELTS certificate)? The ECO has to carry out checks on all the documents.

2. Do you think it will be beneficial in any way if I enclosed a copy of the refusal letter and also specify the reason of refusal in my covering letter, just to make it easy for the ECO OR do you think this won't have an impact and I should submitted this new application fresh anyway? The previous application and reason for refusal will be held on record. Do ensure that you provide 6 payslips & the corresponding bank statements, with the most recent being no older than 28 days before you submit the new application. i.e Don't rely on the previous financial evidence.
You may also need to submit an updated letter from your employer.

Thanks!!