Spouse Visa Rejected- Help needed!!!!!

[Jaune08]

Hey to all of you! I need your advice ASAP as I’m a bit desperate.

I’ve applied for the Spouse visa on Priority and just got a refusal letter, stating that the decision was made based solely on my English test. At this point, I have to add that I had an immigration lawyer, who checked the application before submitting it. Nevertheless, he didn’t check the suitability of the English test and now the visa has been rejected.

Now my concerns rely on whether to reapply or appeal the ECO’s refusal.

Regarding the appealing process, I have gone through this section of the forum reading similar cases (sharing that it may take up to a year to appeal), and I want to ask the following to the most experienced users on this forum:

1.Is it true you CANNOT submit new evidence after submitting the application and/or the decision has been made? (as one possibility for us, is to appeal and submit a new English test. My previous English test was not UKVI related but had a C1 level)

According to this immigration lawyer, it is possible to appeal and decisions have overturned quite quickly (however, neither my husband or me have read this before). This is what the lawyer said:



Have you heard anything similar on recent applications or threads on this forum?

At this point, we don’t know where we are standing and we are worried, as reapplying will take more time and money.

I appreciate all the insight and points of view you can provide me.

Thanks!!!!

[Zerubbabel]

I have seen a couple of appeals and did one myself for a family member.

My understanding is that when you appeal you are challenging the decision that has been made based on the evidence you provided.

If the test you submitted was valid but they mistakenly considered invalid, you then appeal and challenge them on the validity of the test.

However, you submitted the wrong document or didn't submit the document and got a refusal, you cannot appeal and add that new document to support your appeal.

The appeal process doesn't consider new evidence. It considers what you submitted already only.

Similar situation happened to a person I know and she had to lodge a new application.

[seagul]

Best would be to reapply with correct English language test because caseworker excercise no discretion over this.

[Waiting limited]

Reapply is the best option.it will cost you money but you'll save more time. do NOT give your hard earning to a careless Solicitor. Maybe you would be lucky to book the English test in the 20 of this month at British council. A2 test for UKVIS especially.

I also fail the English requirements and I find out after lots of researches that my B1 certificate is ESOL which is no more accepted by HO. stupid mistake that will cost me more money and time.

[THO]

It is my understanding from what I have read (my wife and I are currently awaiting the results of our spouse visa application for her to join me) and I have read a lot of stuff about this subject, that the ECO will consider the evidence provided, and if something is missing or needed that would change the negative into a positive, he will ask for this to be provided and give a short amount of time for the applicant to submit the missing document before

However, if this one piece of missing evidence would not change the end result then the ECO will not bother to ask for it and reject the application. So, my point is, is the incorrect English qualification the only reason for the rejection, or was there something else too? Before you make a second application, I would certainly make sure that if you re-apply providing the same documents as before plus the correct English qualy, you are assured (since there was only one reason for rejection) you will get it.

If you wrote the post, then clearly your English is very good.

[seagul]

, I would certainly make sure that if you re-apply providing the same documents as before plus the correct English qualy, you are assured (since there was only one reason for rejection) you will get it.

If you wrote the post, then clearly your English is very good.

Same documents but they must be valid and in compliance of the guideline such as TB shouldn't be expired, financial documents must not be older than 28 days. Remember each case will be dealt on its merits which doesn't means that a document submitted earlier will definitely be accepted again.

[Waiting limited]

As you used a solicitor to help support your application and he/she has made a genuine mistake by not checking the certificate if this would be a valid language requirement or not.
since in your case the refusal is clear evidence that your certificate was not accepted so therefore I would challenge your solicitor either to give you a full refund of monies you spent and make a new fresh application with the correct certificate and perhaps use another solicitor or he/she (Solicitor) should make another application on your behalf.

if your solicitor does not accept his mistake then you have the right to make a complaint against him/her to the law society which governs all solicitors in England & Wales.

wish you well..!!

[seagul]

According to this immigration lawyer, it is possible to appeal and decisions have overturned quite quickly (however, neither my husband or me have read this before). This is what the lawyer said:



Have you heard anything similar on recent applications or threads on this forum?

At this point, we don’t know where we are standing and we are worried, as reapplying will take more time and money.

I appreciate all the insight and points of view you can provide me.

Thanks!!!!

Don't follow that solicitor any further as he is still advising wrong because if the test wasn't on list then even appeal won't succeed and you will waste your time & money on it.

[Waiting limited]

As you used a solicitor to help support your application and he/she has made a genuine mistake by not checking the certificate if this would be a valid language requirement or not.
since in your case the refusal is clear evidence that your certificate was not accepted so therefore I would challenge your solicitor either to give you a full refund of monies you spent and make a new fresh application with the correct certificate.

(and perhaps use another solicitor or he/she (Solicitor) should make another application on your behalf.)
sorry this part I thought I deleted but it was posted and I don't how to edit my post .
as I said in my previous post don't give your hard earning to a carless solicitor.

if your solicitor does not accept his mistake then you have the right to make a complaint against him/her to the law society which governs all solicitors in England & Wales.

wish you well..!!

[Jaune08]

First of all, thanks to ALL of you for your invaluable advice. I really needed the objective point of view from someone who isn’t related to this situation. Further, I hope this will help someone too.

Zerubbabel, seagul- Thank you for sharing your advice. I do also believe we must reapply with the correct test, and to be absolutely honest I don’t think the route of appealing will overturn the decision. However, it is true that we cannot afford either another application or a new lawyer at this very moment. So we very stuck.

Waiting limited- I’m sorry for what happened to you with your B1 certificate. About mine, it was also accepted by HO but not anymore. In any case, I just booked a Life Skills A1 test for this week.

About your further messages, I appreciate your POV and advice. There’s no doubt my solicitor was responsible for this mistake and he did not only accept it, but he’s willing to guide us throughout a new fresh application without having to pay again for the services (liability matters).

wish you well..!!

Thank you! Wish you well too!

... that the ECO will consider the evidence provided, and if something is missing or needed that would change the negative into a positive, he will ask for this to be provided and give a short amount of time for the applicant to submit the missing document before...

...However, if this one piece of missing evidence would not change the end result then the ECO will not bother to ask for it and reject the application...

I was in the same understanding, because it was NOT a missing document, it was the incorrect one. That's why the ECO didn't hesitate at all to refuse my application.

ISo, my point is, is the incorrect English qualification the only reason for the rejection, or was there something else too?

It was the only reason for rejection. We have met the financial and relationship requirements.

If you wrote the post, then clearly your English is very good.

Yes, I did. Thank you

Same documents but they must be valid and in compliance of the guideline

Exactly, that's why we decided to gather all the financial documents again.

Don't follow that solicitor any further as he is still advising wrong because if the test wasn't on list then even appeal won't succeed and you will waste your time & money on it.

I agree with you. I don't trust this solicitor anymore. However, my husband thinks the appeal might work on the basis of new evidence. Personally, I don't think so but if we appeal, at least it will give us more time to have the money and update the documents to reapply (because I don't see how they will overturn the decision).

[Jaune08]

UPDATE: I decided to write this in another post. I was thinking about what you all have said about the appeal won’t succeed if it’s based on challenging the decision, as it was the wrong document.

So, I was digging up for more information and I found a document from Home Office called Withdrawing decisions and conceding appeals from 2014 (currently valid and applicable since 2015) that states the following (page 6 at the bottom):



With this information, I have two questions for seagull or any other experienced user:

1.May this last point be applicable in my case?

2.In the assumption that HO might overturn the decision and grant me with the visa, Can I still be eligible to enter under the 5-year route? or How likely is to be granted with a visa under the 10year route, based on human rights (as we have a child)?

Again, I will appreciate your feedback.

Thank you so much!

[seagul]

In my opinion if you have passed the test after the decision but now you adding it in appeal then i think still it might not be considered. Usually under such circumstances they automatically switch into 10 years of FLRFP route for in country applications.

[Jaune08]

In my opinion if you have passed the test after the decision but now you adding it in appeal then i think still it might not be considered. Usually under such circumstances they automatically switch into 10 years of FLRFP route for in country applications.

Thanks for the response, seagul. It makes sense to me that they still won't consider the new english test (although my application was submitted from my home country, not in UK).

I'm still unsure whether to appeal or reapply, but I will share any updates here in case someone faces the same issue.

Thanks for all your help

[THO]

Jaune,

My thoughts are to appeal the decision, and that is the course I would take if I was in your shoes. It might take a few weeks, but it will be free and I think you would have a strong case to argue that the solicitor (the HO advise using a solicitor) was at fault for allowing you to make the application with the wrong language cert. So, get the right one and submit an appeal based on that.
I would also ask your solicitor for a refund, and use this money for either another application if the appeal fails, or your flight ticket.

Obviously, as pointed out by someone else, make sure any time sensitive documents are updated and re-submitted with your appeal.

[seagul]

you would have a strong case to argue that the solicitor (the HO advise using a solicitor) was at fault for allowing you to make the application with the wrong language cert. So, get the right one and submit an appeal based on that.

It will have zero weight because HO don't care whether the person has deployed a solicitor or not and how expert he/she is in immigration matters?

[Jaune08]

UPDATES 29.07.19: These updates are mainly to inform people who may be in a similar circumstance and need some guidance. After asking for a 2nd opinion with two lawyers, we have decided to appeal Home Office's refusal on my visa and here's why:

We have been told by two different solicitors, who had clients in the same situation (spouse visa solely rejected on the non-UKVI English test), that our refusal is subject to be overturned. And both of their clients obtained the visa. Apparently, if the rejection is based on a straight forward administrative matter and we submit the evidence that is missing, the refusal can be overturned by the appeal reconsideration team before it gets to court (as, in the light of new evidence, they cannot longer hold their decision). At least that's what we were told. We are NOT appealing on the "challenge of decision basis", as it will take months to get a decision. For this reason, we are going to submit a new UKVI English test and the appeal tomorrow.

Nevertheless, we are not fully relying on this appeal to obtain my visa. We are concurrently updating all the financial requirements (and buying some time too), to be ready to submit a new application if the appeal fails.

I will keep you posted, so anyone in the same situation can learn from my case!

My thoughts are to appeal the decision, and that is the course I would take if I was in your shoes.

Thank you THO!! That's what we have decided to go for at the end.

It will have zero weight because HO don't care whether the person has deployed a solicitor or not and how expert he/she is in immigration matters?

Absolutely seagul, we have decided to rule out this approach as it will have zero impact on visa matters.