Settlement Visa refused

[Jomags1]

My husbands application was refused due to the English Language requiement. We have lodged the appeal on 25 October 2011 and they have informed uo that they will reply on 12 March 2011. We were advised that the appeal will be reveiewed at post before the appeal bundle is prepared. On 8th November the TOEIC exam results were faxed to UK and post proving that the English Language requirement has been met.

Does anyone know the reveiew procedure and a time frame/
Can't bare to wait till March... as I am in UK and husband in Johannesburg.

Please can someone reply asap
Thanks

[peewee]

My husbands application was refused due to the English Language requiement. We have lodged the appeal on 25 October 2011 and they have informed uo that they will reply on 12 March 2011. We were advised that the appeal will be reveiewed at post before the appeal bundle is prepared. On 8th November the TOEIC exam results were faxed to UK and post proving that the English Language requirement has been met.

Does anyone know the reveiew procedure and a time frame/
Can't bare to wait till March... as I am in UK and husband in Johannesburg.

Please can someone reply asap
Thanks

hi we are in the same situation, visa refused last monday. i know usually the entry clearance manager in pretoria has to look over your evidence before sending to the appeals board in UK see link below for their guidance

http://www.ukba.homeoffice.gov.uk/polic ... 1/#header1

the manager has the discretion at this point to overturn the decision adn would ask for you to return passport for visa etc. we sent in corroborating supportng docs to the ECM on tues as we though they had overlooked details regarding my husbands degree which would have made him exempt from taking an english test. but have heard nothing this from them so far. so i too dont know how long the ECM takes to think about things!!

we are really frustrated and interesting to know your appeal was given a date in march as that helps us decide whether to appeal formally. we will prob just reapply, cant wait months when we have been apart for 3 already!!

did you provide details of your english test in original application?

[Jomags1]

No my husband faxed it to UK on the fax number includeed in the appeal

Seems we are all in the same situation I have hust come off skype and all over again.

I don't suppose you know if they phone or send letter to request passport.
Thanks for your answer will let you know whats happening with our case.

[peewee]

No my husband faxed it to UK on the fax number includeed in the appeal

Seems we are all in the same situation I have hust come off skype and all over again.

I don't suppose you know if they phone or send letter to request passport.
Thanks for your answer will let you know whats happening with our case.

i'm not sure, ive read of people getting both on this board. we were, naively, hoping for a phonecall last week! i know that all appeals are considered at the original post ie pretoria initially. they then have 10 days to let you know if overturned. maybe you can fax new evidence to ECM at pretoria directly as well? contact details we have are:

pta.visaenquiries@fco.gov.uk

(27) (12) 421 7500
Phone:
27 12 421 7500 General Enquiries
012 421 7800 Consular Enquiries
0044 208 082 4743 Passport Enquiries
0861 837 221 Visa Enquiries from within South Africa
+27 11 3996373 Visa Enquiries from outside South Africa
Fax:
(27) (12) 421 7555 Switchboard
(27) (12) 421 7599 General Enquiries
(27) (12) 421 7888 Visa Enquiries
0044 208 082 4743 (Mon-Frid 8-5pm) Passport Enquiries

wishing you have good news soon. i know its such a nightmare to go through

[Lucapooka]

Jomags, from what you have said here it sounds like you took the test after the refusal and then faxed this to the FTT. Is that what has happened?

[Jomags1]

Hi
the Notice of Refusal stated that my husband did not balnce the pobabilities...... Englsh language Requirement. He booked the TOEIC test immediately

Time Line
13 September 2011 - VAF4 Form (initial application)
29 September 2011 - Notice of refusal received.
25 October 2011 - IAFT-2 form faxed included with this we sent the TOEIC Confirmation of Booking form and stated in the relevant section that the certificate was to follow.
31 October 2011 - Notice of pending Appeal - this letter was received 09 November at our home address with a date of 12 March for respondent to reply.
08 November - faxed certificate attained level 7 only need 1.

We have had no further communication and have no idea what to do next.
We are hoping to be together for Christmas is this a realistic hope.

Its great that there are people out there who take the time to help and advise as the UKBA don't offer a lot of info.
Thanks in advance for any help.

[Greenie]

Hi
the Notice of Refusal stated that my husband did not balnce the pobabilities...... Englsh language Requirement. He booked the TOEIC test immediately

Time Line
13 September 2011 - VAF4 Form (initial application)
29 September 2011 - Notice of refusal received.
25 October 2011 - IAFT-2 form faxed included with this we sent the TOEIC Confirmation of Booking form and stated in the relevant section that the certificate was to follow.
31 October 2011 - Notice of pending Appeal - this letter was received 09 November at our home address with a date of 12 March for respondent to reply.
08 November - faxed certificate attained level 7 only need 1.

We have had no further communication and have no idea what to do next.
We are hoping to be together for Christmas is this a realistic hope.

Its great that there are people out there who take the time to help and advise as the UKBA don't offer a lot of info.
Thanks in advance for any help.

the fact that your spouse has passed the test now does not mean that the ECM is obliged to overturn the decision and nor does it mean that your appeal will succeed since you are required to meet the rules on the date of decision. As your spouse had not taken and passed the English language test on the date of decision, he didn't meet the rules. He would be better off reapplying for the visa.

[Lucapooka]

Yes, and in addition to it not normally being acceptable now (because it is something that did not exist at the time of the decision), sending it separately by fax to the FTT and post rather than to one or the other as an original document contained in a formal appeal bundle is perhaps a complete waste of time.

[peewee]

hi just an update although maybe not relevent as sounds we had different circumstances, my husband recieved an email from embassy this morning to say decision was overturned and can he submit passport to VFS office for visa. so that s about a week for them to make the decision. hope you hear something soon and can then decide what your next step is.

we had a refusal last year which we appealed and waited months only for the same decision, we would have just applied again this time esp, as the moderators say, you cannot add new information that was generated after refusal. i know its a lot of money again, we were sick at the though of having to spend it again, but sounds like you have the proof now and if thats all they refused on hopefully you would get a positive decsion this time.

julie

[Jomags1]

Hi peewee

What was the date on your IAT-2 form the letter saying they have received your appeal. This would give us an idea of whether or not to send in a new application.

Thanks
Maragret

[Greenie]

Hi peewee

What was the date on your IAT-2 form the letter saying they have received your appeal. This would give us an idea of whether or not to send in a new application.

Thanks
Maragret

Please see replies from myself and Lucapooka above - your husband took his test after the decision and therefore the ECM is unlikely to overturn the decision - has you have to meet the rules on the date of decision. Similarly an appeal is also unlikely to succeed - you would therefore be better off reapplying.

[peewee]

Hi peewee

What was the date on your IAT-2 form the letter saying they have received your appeal. This would give us an idea of whether or not to send in a new application.

Thanks
Maragret

hi, we didn't appeal formally, just asked pretoria to reconsider. we would have made a new application had they not changed their decision.

[Jomags1]

Hi everyone.

Contacted AIT - say appeal forms sent to all concerned parties on 31 October. my husband received his in the post which i thinks is the acknowledgement.

My husband contacted the pretoria Office and they say they are waiting for the appeal forms so we have faxed our copies to them this morning.

1. Does any one know how long the AIT in UK have to send the documents to post?
2. Based on the fact that husband more than adequately meets the English Language requirement (which was the only reason he was refused) would the decision be overturned at the appealat AIT or is there still a possibility it could be refused.

Thanks Again

[geriatrix]

Jomags, I think peewee's posts have either confused you or given you false hope!

The one big difference between your case and that of peewee is that in his/her case the applicant "met the English language requirement on the day of the application" but in you case the applicant "did not meet the English language requirement on the day of the application.

People have tried to highlight this basic difference for you many times, but in vain.

Based on the fact that husband more than adequately meets the English Language requirement

Your spouse "now" meets the English language requirement and therefore can now make a new application - and will not be refused for the same reason (not meeting the English language requirement).

To appeal or not is your wish, but I (just like others who have tried to highlight the facts to you) will be extremely surprised if the appeal is allowed.

[Jomags1]

Ok - now the intial shock of the refusal and the frantic panic has setted down and realise that a new application has to be applied for. (Your help and info is very valuable i must add and extremely accurate).
A coulple of questions.
Question 1.
In the section where it aasks have you been refused visa to the Uk - obvioulsy the answer is yes and you have to add the details, Should we include the refusal and refer to it as additional info as the letter states that only the English Language was under question.
Question 2
ON our original application I was still in South Africa, and working there now I am in UK ans have fortunately found permanent employment ad the company will confim all the details. Will a letter from my employer and 2 pay slips suffice to confirm employemnt.


Thanks

[Jomags1]

We received a letter from the embassey 31 January - we haven't re-applied this is from the original documentation.

The letter requests that my husbans submit his passport via fedex and can take 5-15 days for processing.

On 10th February Embassey contacted my employer to confirm my employment. A letter confirming details was emailed to them.
Please can some one tell me if this means his appeal has been granted and a visa will be issued.
I am to scared to hope that this will be the end of this nightmare.
Thanks
Margaret

[Jomags1]

We received passport today with full settlement visa. Husband flying friday will finally be together. Good luck everyone that was a long 5 months and 16 days

[pennylessinindia]

We received passport today with full settlement visa. Husband flying friday will finally be together. Good luck everyone that was a long 5 months and 16 days

It is very unusual for post dated documents to be accepted I believe, having seen lots of posts on this .

Enjoy !

[XnailaX]

Congratulation jomags...

[Jomags1]

Our thoughts are with you all who are all struggling through this difficult and emotionally draining process and wish you luck with your applications. Love does conquer all.

[shadhk]

First of all Congratulation Jomags1. you must be delighted.

I must say you are extremely lucky, perhaps that is the reason why British immigration rules is bunch of clustered confused texts.