Expat Forum For People Moving Overseas And Living Abroad banner
Status
Not open for further replies.
1 - 6 of 6 Posts

·
Registered
Joined
·
3 Posts
Discussion Starter · #1 ·
Hi, I am soo confused and need some urgent help. Shame I didn't join this forum earlier, some very informed and helpful users.

We applied for visa to UK in Pakistan in Feb-13, incorrectly advised that she has a Msc which should satisfy the English lang requirements (certificate & transcripts submitted). Visa was refused in May-13 and only reason on refusal notice was that English lang requirement was not satisfied.

We appealed decision in July, I sent a statement of Comparability from NARIC confirming her Msc was equivalent to UK Bachelors degree. She also completed language tests and forwarded these to ECM end of July who had received file to reconsider their decision.
They have upheld their refusal as of 24th Sep and I now have hearing dated for end of Jan-14.

I understand it could take another 3/4 months from successful hearing January to issuing of visa.
I wanted to clarify would the judge just look at the grounds for refusal and evidence that was provided at the time of application or would they take into consideration her English tests she completed after we received refusal (considered as new evidence).

In hindsight we really should have just applied again in July when she completed relevant tests, I am considering reapplying now, can I do so without withdrawing appeal??

Thanks for your help. I am caught in the system due to some bad advice, only myself to blame really. 3 months since appeal date and another 3/4 months to hearing date....
 

·
Registered
Joined
·
13 Posts
Hi Yes you can submit a new application while the appeal is pending and withdraw once a new visa is issued. Normally in out of country appeals the court only considers the facts as they were before the Entry Clearance Officer. However if you email the Embassy in Pakistan with the NARIC certificate of compatibility there is a high chance that they will withdraw the appeal and issue the visa. /SNIP/
 

·
Registered
Joined
·
39,151 Posts
Surely the point at issue isn't that the Masters was academically comparable to a UK Bachelors degree (which NARIC has confirmed), but whether it was taught in English. Without this fact being established, you aren't going to win any appeal. Since the English test was passed after the original date of application, there are no grounds for reversing their decision or the appeal being upheld. So re-applying seems the only way.
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #4 ·
Surely the point at issue isn't that the Masters was academically comparable to a UK Bachelors degree (which NARIC has confirmed), but whether it was taught in English. Without this fact being established, you aren't going to win any appeal. Since the English test was passed after the original date of application, there are no grounds for reversing their decision or the appeal being upheld. So re-applying seems the only way.

Thanks for your response, I understand your point, I guess we have not resolved that query.

I was under the impression at the oral hearing we will have opportunity to provide further evidence including the the English language certificates. But I guess the same rules apply as when the ECM was reconsidering the case, new evidence like the tests will not be considered as these are after the application date. And the statement of comparability doesn't count because it doesn't confirm degree was taught in English.

Does anyone know if can make new applications without withdrawing your existing appeal (with hearing date confirmed for Jan-14).
 

·
Registered
Joined
·
13 Posts
You can submit a new application without withdrawing the appeal even if you have a hearing date pending. It is also worth your while to email the ECO the new certificates because if the only reason for refusal is English there is a chance that they may withdraw the appeal. I know that as I have submitted certificated that were attained after a refusal and twice I have had appeals withdrawn by the ECO in Amman.
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #6 ·
You can submit a new application without withdrawing the appeal even if you have a hearing date pending. It is also worth your while to email the ECO the new certificates because if the only reason for refusal is English there is a chance that they may withdraw the appeal. I know that as I have submitted certificated that were attained after a refusal and twice I have had appeals withdrawn by the ECO in Amman.
Thanks for your comments, I will be looking to make a new application shortly. I have already emailed the test certificates to ECO, we did this as soon as we received them in July and the file was back with ECO/ECM to reconsider their decision. The hope was they would look at certificates and feel this is fine to go through. BUt unfortunately not...

What do you mean when you say you have had appeals withdrawn by ECO twice??
 
1 - 6 of 6 Posts
Status
Not open for further replies.
Top