Settlement Visa Refuse Help Please

[omarbob]

Hello,

I got a refusal for my application for settlement visa

Im Algerian, my wife is british citizen,

me and my wife, we married since one year

I asked befor for family visitor visa, and I got a refusal, because they beleive in the relationship, so, I have more ties to the UK then I do to my country, so, no evidences that I will leave the UK in the end of my trip !

Okay

So, after few mounths, and lots of papers, I made my visa appilcation for settlement visa

and I got a refusal for just ONE REASON !

You have provided a TOEFL based test as evidence of meeting the english lunguage requirement, if taking the TOEFL internet based test the applicant must obtain a minimum score of 13 in listening and 19 in speaking in order to pass this test, I note that you have scored 16 points in listening and 15 points in speaking, Im therefore not satisfied you meet the requirements of paragraph 281 ....

Im angry and sad and lost, most angry, my TOEFL IBT score is 61/120
15 reading, 16 listening, 15 speaking, 15 speaking

I didnt see my wife since months, married since over one year
they do not let me to visit her for a short visit
and now, they do not let me to live with her, she is my wife, my family

I need to understand one thing ?


__ __(ii) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant's name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference)

With the score of 61 points with TOEFL IBT, my lelvel is hight then A1

PDF document from ETS, the official TOEFL

http://www.ets.org/Media/Research/pdf/C ... Report.pdf

it say that for speaking A1 = 8
and I got 15

Can I use it for an appeal?

I know a woman, asked for settlement visa, with 16 score of toefl ibt, and she got the visa !!!

SET 17.4.1 Can TOEFL Internet based tests be used as evidence of meeting the English language requirement?
TOEFL Internet based tests can be accepted as evidence of meeting the English language requirement, however they only test at the higher level of B1 and not at the basic A1 level required by spouses. If taking the TOEFL internet based test the applicant must obtain a minimum score of 13 in listening and 19 in speaking in order to pass this test.

this is unfair, as the EST said that A1 speaking is 8
16 is for B1

advice me please

please, brothers and sisters, advice me the way to take
it will take me money and time to have a new fresh visa application and a new appointement for english test !

[John]

The relevant part of para 281 of the Immigration Rules says :-

the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant's name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference)

Please have a look at this UKBA document, and in particular at SET 17.4.1 and 17.4.2. There you can see why you have been refused, using an internet test, and getting the scores you did. So I think either improve your internet scores, or take a non-internet test, and equal or beat the guidance in the document I have linked to.

[omarbob]

The relevant part of para 281 of the Immigration Rules says :-

the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant's name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference)

Please have a look at this UKBA document, and in particular at SET 17.4.1 and 17.4.2. There you can see why you have been refused, using an internet test, and getting the scores you did. So I think either improve your internet scores, or take a non-internet test, and equal or beat the guidance in the document I have linked to.

thank you for your answer

I read it, but, they ask for A1, and in Algeria, we have only TOEFL IBT,
so the english school told me and to the others also, that the embassu told them that we need just 9 points to get level A1.
I got 61 !
it is unfait, that because there no A1 for TOEFL Ibt, they ask us for B1 level !
and I fond an pdf document from ETS, confirm that A1 for speaking is only 8 points, and I go 15
but, ECO want me to have 19 !!!
SET17.4 .... must meet or exceed level A1 (Basic Speaker) of the Common European Framework of Reference (CEFR).

[archipelago]

omarbob, this a problem with IELTS as well as it tests at level B1. From the consultation paper, it would seem they want to raise the standard to B1 next year anyway!

[omarbob]

omarbob, this a problem with IELTS as well as it tests at level B1. From the consultation paper, it would seem they want to raise the standard to B1 next year anyway!

thats what I see

Im higher then A1, and now, they ask for A1

should I make an appeal ?

[archipelago]

I don't think appealing will you get you anywhere. As per the link John posted, they do not accept lower than B1 level for this particular test.

[omarbob]

I called WorldBridge in Algiers and they told me I need 9 points and gave me the adresse of the english school to pass the test, the English School is : In-Tuition in Algiers. So, I contacted the school and they confirme me that the embassy of the UK in Algeria told them that we need only 9 points /120 to have the A1 level for English language requirements for settlement visa.
Today, I got the decision for my Settlement Visa Application,
Today I got my application back with refusal (reference : UKVISA Section 72158) with one reason of refusal: I need 19 points in Speaking !
My TOEFL test score is : 15 Reading, 16 Listening, 15 Speaking, 15 Writing, total : 61/120.
I know that some peoples asked for settlement visa with TOEFL IBT score less then mine, 16, 23 … and they got the VISA !
Please, this is unfair, I got a unfair decision, anyway it is NOT my fault

[archipelago]

I would recommend you or your sponsor call the UKBA monday morning. It may be that they accepted the lower scores for this particular test before but don't any longer. The rules change as we all know!

[omarbob]

I would recommend you or your sponsor call the UKBA monday morning. It may be that they accepted the lower scores for this particular test before but don't any longer. The rules change as we all know!

OK

[omarbob]

The relevant part of para 281 of the Immigration Rules says :-

the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant's name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference)

Please have a look at this UKBA document, and in particular at SET 17.4.1 and 17.4.2. There you can see why you have been refused, using an internet test, and getting the scores you did. So I think either improve your internet scores, or take a non-internet test, and equal or beat the guidance in the document I have linked to.

Two refusal visitor visa befor, to visit my wife, as I did not have evidences that I will live the Uk, more ties to the UK.
So, because, the appointement for english test is far date
Can I ask again for a visitor visa to visit my wife ?
can I use the appointement papers from the english school as evidence that I will leave the UK to back to my home to do the english test ?
I would hate to jeopardise my future spouse Visa application by overstaying the conditions of this visitor visa or by trying to stay illegally in the UK.

[yoyonix]

Hi Omarbob,
I am from Algeria and applied for a settlement visa just like you.
I think your best option is to wait until you take the test, prepare for it now and try to get a higher score, don't aim for A1, you can do more than that, you have a few schools that offer a preparation course for exams like that,
Try the FCE for example.
I wouldn't try to apply for a tourist visa as it's a waste of time and money, if they said they're not satisfied you won't come back to Algeria you will not be able to convince them unless you have a job that pays quite well.
Maybe your wife can come and visit you sometimes.
Just be patient, there is nothing else you can do.
My wife and I have been separated for a year and a half now. We got the first visa refused and applied again in April, it's been 5 months and still nothing.

[achrafstacie]

Hi omar
i think its better for u to do the KET is better for than toefl
good luck