Refusal overturned! Visa granted!

[lampwick]

Hello guys
My wife's settlement application was refused this afternoon for one tiny reason that was a clear ECO mistake. 'JT' in Sheffield stated that my wife's IELTS at B2 level was not at an approved test centre. This is nuts, it was conducted at the British Council! Which is absolutely an approved centre, in fact, for a long time it was the only one in Ukraine. Everything is clearly stated on her certificate. What are my options? Obviously It's not reasonable by any stretch of the imagination for me to reapply or appeal (takes up to a year or more) when this is a tiny detail and was 100% their mistake.
Thanks all.

[seagul]

can you copy paste the exact reasons of refusal. I think refusal is not due to test because B2 is higher and is indeed an ielts test but i suspect the refusal might be because the centre is not on their list.

[lampwick]

Seagul
The text is as follows:

Eligibility English Language Requirement
You do not meet the eligibility English language requirement of paragraphs E-ECP.4.1. to
4.2. because you are not exempt from the English language requirement under
paragraph E-ECP.4.2. In addition, you are not a national of a majority English speaking
country listed in paragraph GEN 1.6 and have not passed an English language test (A1
Level of Common European Framework) with a provider approved by UKBA and/or do
not hold an academic qualification recognised by NARIC UK to be the equivalent to the
standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in
English. 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. I therefore refuse your application under paragraph EC-P.1.1(d) of
Appendix FM of the Immigration Rules. (E-ECP.4.1).

The test was conducted at the British Council in Kiev (UA001) and is clearly stated on the test. It is still an approved provider and, I believe, always was.

[haylou2]

lampwick, does the IELTS certificate have a UKVI number on it?

[lampwick]

haylou2

No, it has a centre number, candidate number, the date and the result, among other things. But it does not state a UKVI number. The ECO's reason for refusal was due to it not being an approved centre, which is nonsense.

[Casa]

The only Home Office approved centres in Ukraine appear to be:

Students International Kyiv Business Centre Parus, 2 Mechnikova Street,
1133, Kyiv,
AND
Students International IELTS Test Centre, off.
519, 14/1 Mechnikova Street 1133, Kyiv,

[lampwick]

Casa
Could you please list your source? I'm somewhat confused. According to UKVI's own list, updated on the 2nd of August, the British Council is also included (UA001) as well as Students International. Please see https://www.gov.uk/government/publicati ... uage-tests

[Casa]

Casa
Could you please list your source? I'm somewhat confused. According to UKVI's own list, updated on the 2nd of August, the British Council is also included (UA001) as well as Students International. Please see https://www.gov.uk/government/publicati ... uage-tests

Your link is more recent. You should ask for an ECO re-consideration

[lampwick]

Casa
Yes, I believe so too. But how exactly? The official appeals process takes on average of one year. This is their mistake and we cannot reasonably wait for one year over a clear ECO mistake.

[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

[lampwick]

Seagul, Casa
Thank you for confirming, but how do you suggest I move forward with this? I cannot reasonably wait one year for the standard appeals process.

[seagul]

Involve your mp and complain to every possible section of HO and trace that caseworker. Apply appeal and also write to same caseworker to ask reconsideration as he/she is incompetent.

[lampwick]

How can I apply to the caseworker? There are no contact details, only 'JT'. Involving my MP will probably take months.

[vinny]

Contact us?

Perhaps Judith Gough CMG may help with determining JT’s contact details -
Twitter

judith.gough@fco.gov.uk <judith.gough@fco.gov.uk>

[lampwick]

Hi Vinny
I'm afraid it doesn't really have anything to do with the embassy, and at no point did we have to go there. There is a visa processing centre in Kiev (TLSContact) but they just take the biometrics and send the documents to Sheffield. They are staffed entirely with clerical Ukrainians and don't have anything to do with decisions
I really need to have someone in the Sheffield centre see the mistake as I'm sure I could have this overturned. Does anyone have any ideas?

For what it's worth, I've contacted TLSContact in Kiev, but I know what they will say. I've also emailed the Home Office complaints team regarding the ECO's actions and contacted UKVI through their standard email service and paid the £5.48 fee. I was hoping someone knew a quicker way to get through to Sheffield in clear-cut ECO errors such as this.

Thanks again all.

[Blighty]

@lampwick

My wife passed her A1 English test with the British Council in Kyiv earlier this year. Her certificate has a candidate details section which clearly states her UKVI number. When did you wife take her English test in Kyiv?

Was you visa application priority or standard, and how long did it take them to make their decision?

My wife's visa application is standard and there has been no decision after 65 working days. I am now starting to worry in case we get a similar rejection for a stupid reason.

In your situation, I would involve the MP and the government minister responsible for visas&immigration. They are just playing stupid political games with people's lives. My marriage is highly stressed at the moment because of the visa situation. Good luck.

[lampwick]

Hi Blighty
Does it not need to be A2 for settlement? I'm assuming it was a settlement visa, since it's not a requirement for a visitor visa. She took her test in June. We paid extra for priority, and it's actually worth doing since we had a decision in 6 weeks. I know someone who has been waiting since January.
Thanks, we're trying to stay strong but it is really stressing us out. We had a very strong application and they do this to us. It's criminal!

[Blighty]

Thanks lampwick,

Yes, it was a settlement visa and she just needs A1 for this application. Ours is also a very strong case.

After reading the forums, it became apparent that people were getting rejections due to the visa centre failing to scan all the supporting documents. For this reason I declined Kyiv's offer to scan them, and sent them myself directly to the Sheffield address provided by TLSConnect in Kyiv. Which option did you choose?

[lampwick]

Ah, ok. I see what happened. I was confused. A1 is only required initially, then A2 after the 2.5yr point. We allowed them to scan the documents and send them to Sheffield. This was excellent because we had the originals back immediately. We could therefore use the certificates and translations for other purposes whilst waiting for her visa.

[Ballmigirl17]

Hi Lampwick

I am sorry that this has happened to you, nothing new here, same negligent behavior from ECO's thats happening far to often.

There is no urgent way to bring it to the attention other than by complaining yourself, get your wife to complain and your local MP to complain also on your behalf. All responses are given in a 20 working day time frame. so its a lengthy process

I suggest spelling it out to them like they are a young child because they are completely incompetent and will usually do their best to avoid talking to you and taking any responsibility. I hope they sort this out for you, i know all to well how stressful this can be. especially when you have done nothing wrong!

[Ballmigirl17]

also... threaten with the ombudsman and media attention... its because of an article in the guardian & new statesmen that they finally sorted out my partners visa.

[Londoner007]

The certificate you provided was IELTS General. It is not the same as IELTS Life Skills A1, A2 or B1.

They specifically want IELTS Like Skills.

[alewid]

The test was conducted at the British Council in Kiev (UA001) and is clearly stated on the test. It is still an approved provider and, I believe, always was.

Apologies if I'm out of line but the case worker does not seem to have made a mistake.

Even though the test provider is on the current list, the actual test grade level taken does not seem to be an approved test. There are specific tests for immigration purposes where you are given an UKVI number.

[Casa]

The test was conducted at the British Council in Kiev (UA001) and is clearly stated on the test. It is still an approved provider and, I believe, always was.

Apologies if I'm out of line but the case worker does not seem to have made a mistake.

Even though the test provider is on the current list, the actual test grade level taken does not seem to be an approved test. There are specific tests for immigration purposes where you are given an UKVI number.

As Londoner007 advised, if the test was IELTS General it seems the decision was correct as IELTS Life Skills A1, A2 or B1 is required.

[Miyash]

The test was conducted at the British Council in Kiev (UA001) and is clearly stated on the test. It is still an approved provider and, I believe, always was.

Apologies if I'm out of line but the case worker does not seem to have made a mistake.

Even though the test provider is on the current list, the actual test grade level taken does not seem to be an approved test. There are specific tests for immigration purposes where you are given an UKVI number.

As Londoner007 advised, if the test was IELTS General it seems the decision was correct as IELTS Life Skills A1, A2 or B1 is required.

yes,casa sir is right.i also agreed that IELTS LIFE SKILL is the requirement for spouse visa.and if u want to complain you can have a review option instead of appeal.but i sugest u sholud reapply wd correct english language test ..