aziqbal wrote:MelC wrote:aziqbal wrote:Hi Guys
After reading my helpful topics i thought i would ask for some advice and share my experience
I applied for my wifes spouse visa back in April 2011 they rejected in July 2011 I appealled in September and since then I have been waiting for a oral hearing which I have been told is still 2 months away!! Its just so stressful, i did a solicator in Pakistan and he took Rs 40,000 and hasnt got back to me so now I want to contact UKBA myself
anyhow my case was rejected on the following points
Point 1
they said my wife got IELETs test mark 3.0 for speaking and 3.5 for listening and his does not meet the minimum requirment for B1 standard 4.0 and thus they dont accept my wife has met the minimum requirment
Point 2
my mum gave a letter along with a letter from our family solicator that there is enough accomodation in our house for me and my wife to stay, i also sent in land registration documents (which cost me so much to obtain) from the local council stating there was enough room, thats 3rd party support for indefinate period, they replied and said although i had provided 3rd party stay for indefinate period i didnt provide any evidence of 3rd party stay for limited period? I mean WTF?? meaning they expect me to stay for a while then move out on our own?
Point 3
They said i hadnt proved our marriage is "subsisting" even although i sent in photographs, lyca card phone bills, skype conversations and fb contact
Regarding our contact, i really dont know what else to say and how to say it, i cant prove more than that, simply put i do not know which langauge they understand
can anyone please advice how i can argue the above points in a sucessfull manner? Thanks in advance
getting a solicitor int he UK to do what exactly? and like the previous poster i am confused as to what the Solicitor in Pakistan was supposed to do?
on point 1, if your wife hasn't met the A1 standard she has to retake the test, there was a case recently about the different tests and what equates to what, but 3 and 3.5 are not 4 and 4 or actually 4.5 is the general score that i know of that people has submitted and have had accepted.
on point 2 it does not appear to make sense at all, I think i would ask for that to be clarified, but you may know more yourself depending what you had stated on the application form.
on point 3 again there is case law on what is subsisting, (BK and Others Turkey 2005 UKIAT 000174) which defines that there are 2 parts to subsisting, the Legal form ~ that the marriage legally exists, and the intention form, where the parties commitment to the marraige is assessed.
what you have provided is details of contact between you and your wife, but it may be that such contact does not show substance in the relationship? it may also be linked to the accommodation issue?
you may be throwing a lot of money at a lost cause, and it may be better to simply have your wife retake the english test to achieve the required score, and query a more precise answer to the other points so that you can put it right for the next application.
i did the appeal from Pakistan initially, the solicator submitted the appeal from there and was meant to keep me up to date and then he just went quite no word, anyhow thats the least of my concern
how do you show substance in a relationship?
and how exactly do you show commitment to marriage?
i also submitted legal part, ie marriage certificate etc etc
ok regarding the Ielets test this is what i have just found out from a private msg to share
A1 is the minimum requirment, B1 is equal to 4.0 under CEFR and is 2 levels above A1, scores of 3.0 and 3.5 equate to A2 which is still 1 level above A1 so meeting the minimum requirments
so i guess the ECO didnt know his own law!!!
ok so that leaves point 2 and 3 anyone else have any more input on these 2 issues?
thanks to whoever it was who cleared up point 1, ur reward is with Allah swt
I understand fully what you have received in a pm, however there is something of an anomaly with ielts, as anything below a 4 is effectively a no grade each of the possible tests that applicants can take have different scoring systems, and how any one of them is equal to another is not easy to determine. So with IELTS the score of 4 is lowest that is a "Pass"?
you might want to look at KET instead if that option is available.
there have been decdisons that I know of that are tenuous to say the least, where an average has been "decided" by ECO's and that is not how the system works either (ie 3.0 and a 5.0 can't be an average of 4 the scores have to be 4 or more)
i think 4.0 is equivalent to around an 8 to 10 year old's language skill, and i DO NOT say that in a condescending way, only that it is a "primary" level.
so the ECO in this case, does know the score requirements. and 3.0/3.5 is sadly not sufficient.
substance and commitment to the marriage ~ you could have a hundred reports of texts/calls/letters and someone else may only have 10 and their 10 show more commitment and substance than your 100 (you and your are used in a general term not specific) a 100 "i love you/love you too" doesn't show substance or commitment, a discussion of future plans, domestic incidents/plans ~ discussions (even in electronic messages) about the mundane daily events, your wife asking if those cuttings have taken in the garden ~ things that couples who live together might talk about, did you check that tyre this morning is it still losing air? have you gone to the garage and gotten it changed, you don't want to need the car quickly and find a flat tyre ~ normal wife nagging if you like lol.
its all about credibility and intent, the Spam really could do with re-decorating, but i will wait until you are here, and we can chose the new tiles/paint whatever together.
how did your aunt get on at the doctors yesterday?
how is your cousins new job going do they like it?
as for the accommodation issue, its totally over my head, I think that is something to do with how i am reading what you have said, as i am totally not understanding it?
Do you get my drift?
