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Discussion Starter · #1 ·
hello everyone, I don't know what to say... I have my heart broken as i'm typing.

We applied for fiance visa on April 2013, from manila. Application was Refused they have put in a lot of grounds of refusal and i understand that my shortcoming was i never gave an explanation.

However after 5 months we have re-applied again, we made sure that this time nothing is missing, we have provided everything possible... paid visa fee etc and i have made a 3 pages statement answering or giving clarifications to their grounds of refusal. We applied on 1 October and got the documents today, with a refusal letter.

Here is the decision.

Your application:

You have applied for an entry clearance as partner under appendix FM of the immigration rules. I have considered your application under Paragraph EC-P.1.1 of appendix FM of the united kingdom immigration rules. You can read these rules at:

The Decision

English Language Requirement
ECO Reasons for refusals
To meet the current english language requirement for entry to the united kingdom, you are required to submit evidence that you have passed an acceptable test at a minumum level with an approved provider. You have submitted an IELTS certificate demonstrating an overall score of 4.0, however as of 18/07/2011 it became a mandatory requirement for spouse application to achieve a minimum of 7.0 in the listening and speaking components of IELTS or submit evidence that they have an academic qualification equivalent to a bachelor's degree in the UK which was taught in English. whilst your overall score was 4.0, you scored only 3.5 in the listening component of the examination.

I therefore refuse your application under paragraph EC-P.1.1(d) of appendix FM of the Immigration RUles. (E-ECP.4.1)

_______________________

I have therefore refused your application because i am not satisfied, on the balance of probabilities that you meet all of the requirements of the relavant Paragraph of the United Kingdom Immigration Rules.
(what do they mean by this?

They have given us 28 days to appeal. What should i do please help me. i am in a 7 year Long distance relationship with my fiance. it really is hard to be apart as i am not getting any younger! please help Me what to do, What next step should i take.

Thank you.
 

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Was the above given as the ECO's sole reason for refusing your partner's visa?
In which case, it simply means that according to the ECO's assessment, your partner's IELTS score is the element of the application that fails to meet Immigration Rules. Your partner needs to re-sit the IELTS certificate and achieve the score minimum of 7 to answer the grounds of refusal.
However, I believe that any new tests taken after the date of your application will count as new evidence and be rejected at appeal. Unless your partner already holds a UK bachelor degree equivalent, a fresh application will be needed. Make sure all requirements are met before you submit this time.
 

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Discussion Starter · #3 ·
That's the only reason of his refusal for the second time... I'm not going to appeal as i son't have basis to do that but i'm planning to re-apply with the new test result of my fiance but, i don't know where do i go from here... Thank you for your reply lorelii
 

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But they sound have mentioned that in the earlier refusal letter....this scares me. We also reapplied I hope they don't bring up new things which they never stated in the refusal letter.
 

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Discussion Starter · #5 ·
But they sound have mentioned that in the earlier refusal letter....this scares me. We also reapplied I hope they don't bring up new things which they never stated in the refusal letter.
The scary part is that sometimes they don't mention it in the refusal letter what's missing or what you are required to do.
 

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Provided the next application shows evidence of the meeting of all UKBA requirements and addresses the issues previously cited in the refusals, there is no reason why it should not be successful. Good luck with the process. Third time lucky, they say!
 

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Pultet, I know you are devastated and I am so sorry to hear your application has been refused again. It does appear though that the only reason is the slightly below-acceptable score of your fiance's IELTS test. I guess that, like the financial requirements, you cannot fail to qualify by even the smallest margin. The only suggestion I can make is that she retake the test and you reapply.
 

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Discussion Starter · #8 ·
Provided the next application shows evidence of the meeting of all UKBA requirements and addresses the issues previously cited in the refusals, there is no reason why it should not be successful. Good luck with the process. Third time lucky, they say!
You mean... the first time that the application got refused and i answered all the refusal grounds which they never mentioned anything about the second refusal, does that means i have everything and covered everything? so if we re-apply with the better result of English requirement, are we gonna be fine?
 

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Discussion Starter · #9 ·
Pultet, I know you are devastated and I am so sorry to hear your application has been refused again. It does appear though that the only reason is the slightly below-acceptable score of your fiance's IELTS test. I guess that, like the financial requirements, you cannot fail to qualify by even the smallest margin. The only suggestion I can make is that she retake the test and you reapply.

Thank you... i really am devastated right now and i don't know where do i go from here, we have a applied twice and spent a lot of money already... i don't what to do.
 

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Discussion Starter · #10 ·
Can anyone tell me please what score should my fiance meet to be qualified for the english requirement.
 

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While it's unfortunate that your partner has failed on a point not previously mentioned by ECO, it's still your responsibility to ensure all requirements are met. You clearly didn't see/know that your partner's IELTS score was below par (nor did we who've been helping you), and you have no choice but re-apply after passing the test. Score required is listed under English test on UKBA site.
 

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Can anyone tell me please what score should my fiance meet to be qualified for the english requirement.
They told you in the letter... 7.0 or higher for listening and speaking... he scored 4.0 overall but only 3.5 in the listening component, so he's going to have to improve his English skills in order to get the necessary score.
 
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Discussion Starter · #13 ·
in addition the second page it says,

your right of appeal

you are entitled to appeal against this decision under section 82(1) of the nationality, immigration and asylum act 2002. if you wish to appeal you must complete the attached IAFT-2 Notice of appeal form. an information sheet has also been provided. should you require further advice or assistance please visit Justice.gov.uk

if you decide to appeal against the refusal of this application, the decision will be reviewed with your grounds of appeal and the supporting documents you provide. you are strongly advised to complete all sections of the form and submit all relevant documents with your notice of appeal, as it may be possible to resolve the points at issue without an appeal hearing.

the complete notice of appeal form must arrive no later than 28 days after the date you received this notice and you must make sure that it is signed and dated.

What do they mean by "you are strongly advised to complete all sections of the form and submit all relevant documents with your notice of appeal, as it may be possible to resolve the points at issue without an appeal hearing."

Joppa and Nyclon please
 

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Discussion Starter · #14 ·
While it's unfortunate that your partner has failed on a point not previously mentioned by ECO, it's still your responsibility to ensure all requirements are met. You clearly didn't see/know that your partner's IELTS score was below par (nor did we who've been helping you), and you have no choice but re-apply after passing the test. Score required is listed under English test on UKBA site.
Joppa in the first refused application we never submitted any IELTS so when the first refusal came they never mentioned anything about IELTS.

Now, with regards to the previous application refused they have so many grounds of refusal, from doubting our relationship to doubts about my the person i sponsored before etc... however when i re-applied i have answered all their grounds of refusal i made a statement addressing all their refusal grounds. in the second refusal letter they never mentioned anything about the previous one, does that means that they accepted my explanation?

if my fiance meets and scored the required score, can we re-apply at anytime just providing the new English certificate? together with all the documents? or do i have to include the latest such as payslip, bank statement again?
 

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Discussion Starter · #15 ·
They told you in the letter... 7.0 or higher for listening and speaking... he scored 4.0 overall but only 3.5 in the listening component, so he's going to have to improve his English skills in order to get the necessary score.
Hello, i can't find 7.0 in the letter.. but i can see that they require 4.0 in listening and speaking does that means, he can score whatever in reading and writing as long as he gets 4.0 in listening/speaking?

Joppa, i cannot find the required score at the UKBA site.
 

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Discussion Starter · #16 ·
if they have not mention anything about the previous refusal letter does that means, i have satisfied them with my answer?

sorry i have so many questions.
 

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Hello, i can't find 7.0 in the letter.. but i can see that they require 4.0 in listening and speaking does that means, he can score whatever in reading and writing as long as he gets 4.0 in listening/speaking?

Joppa, i cannot find the required score at the UKBA site.
I feel sorry for you pultet. My understanding about minimum score on ielts for spouse visa is you need to pass the B-1 level with 4.0 on listening and speaking (as told by VFS officer). 7.0 is for C-1 level.
 

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From the letter you quoted: "however as of 18/07/2011 it became a mandatory requirement for spouse application to achieve a minimum of 7.0 in the listening and speaking components of IELTS or submit evidence that they have an academic qualification equivalent to a bachelor's degree in the UK which was taught in English"
 

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Discussion Starter · #19 ·
From the letter you quoted: "however as of 18/07/2011 it became a mandatory requirement for spouse application to achieve a minimum of 7.0 in the listening and speaking components of IELTS or submit evidence that they have an academic qualification equivalent to a bachelor's degree in the UK which was taught in English"
Sorry my mistake, i meant 4.0
 

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Discussion Starter · #20 ·
I feel sorry for you pultet. My understanding about minimum score on ielts for spouse visa is you need to pass the B-1 level with 4.0 on listening and speaking (as told by VFS officer). 7.0 is for C-1 level.
Thank you.. Re-applying or taking the exam again is not a problem now but the expenses of re-applying is what frustrates me. We have apent so much just to be refused twice.
 
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