spouse visa has been refused,,,i need help urgently

[keeperlit]

hi everyone ,,my wife has just had her spouse visa refused with no explanation,,,she has been living and working in full time employment for 6 years here in belfast ,,without any problems at all i met her 4 years ago and we got married jan 2010 in pasig city in the philippines ,our problem started,,when she sat the ilr test she passed it and we got her biometrics all sorted,,,,rather than pay 1400 pounds for a ilr resident we choose to aplly for a spouse visa which cost about 500 pounds after suppling the home office with everything they wanted we sent the documents off only for them to return them saying they have refused us the spouse visa and she must take some other test about talking english ,,,,let me say there is nothing wrong with my wifes english as she is the manager for a well know chain of resturaunts,,to rub salt into the wounds her friend who is also filipino with no quaifacations got her spouse visa no problem and did not pass any of the tests the home office states you must pass ,,,we go back to manila in may for our yearly holiday and i know we are going to have problems coming back to the uk ,,as the home office do not give a s**t,,,they are bloody rude when i rang up to find out what was the problem ,,,also they said she cannot appeal,,,,i need help really badly before i go insane,,,,,PLEASE HELP ME yours faithfully john moore


my email address is is keeperlit251251@yahoo.co.uk

[steve monty]

hi there keeperlit,

the English test was brought in at the end of November 2010. Your wife has to take this, unless she has taken english at Degree level and able to prove so. i know it must be frustrating for you, but they can not tell how good your wife's English is, thats why they do the test. Maybe your wife's friend got her spousal visa before November 2010. Is she in the UK or in Philippines now??

[steve monty]

If you and your wife are together in Belfast do the english test there. The test which is accepted by the UKBA is IELTS. Look that up in Belfast and that should help. If your wife's English is as good as you say it is, you could go straight to the test and not have preparation for it! for test examples, go to the British Council website and see if your wife is good at them, then to go straight to exam!

[sars_notd_virus]

hello keeprlit welcome to the forum!!!
sorry to read about this,...its just so unfair sometimes especially to the spouses of the british nationals..they keep on changing the rules and it involves loads of money ,anything to discourage people coming into the UK from outside the EU.

http://www.ukba.homeoffice.gov.uk/si...-test-partners

http://www.ukba.homeoffice.gov.uk/po...ivil_partners/

''On 26 July, we announced that English language tests will be compulsory for these migrants from 29 November 2010.
From that date, any migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English, by taking an English language test with one of our approved test providers. The term 'partner' means husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or proposed civil partner.
The tests will be compulsory for people applying from within the UK, and for visa applicants from overseas.




....since you and your wife got married jan 2010,its covered and she needs to take and pass the English test and this should go with her spouse visa application ,..the solution that i can advise is to take the english test here in the UK and apply for spouse visa again.

[joebloggs]

your wife has been working for 6yrs, why didnt she apply for ILR after working 5yrs ???
she should not need to take the test to apply for ILR, which form did you use ilr(o) or ilr(m) ???

looks like you applied for ilr(m) ? if you did looks like to me you applield for the wrong visa, it should have been ilr(o) using her workpermit to get ilr, or flr(m) as a spouse and it looks like ukba think your wife should be appyling for flr(m) and if so she needs to pass the english language test..

need to know which form you used and if your wife has a workpermit

[Arthur Little]

she should not need to take the test to apply for ILR

That's certainly my understanding ... I mean, if she's already passed the 'Life in the UK Test' - which her husband says she has - why on earth would she need to be tested on the English Language requirement?

[joebloggs]

need to know all the facts arthur, she must have had a workpermit, it would have been probably wiser to apply for ilr using her workpermit than applying for a spouse visa - i take it ukba were expecting her to apply for flr(m) further leave to remain than for ilr(m) ilr thru marriage as they have only been married 1yr, not the 2yrs needed to apply for ilr (m) thru marriage,,

[Arthur Little]

which form did you use ilr(o) or ilr(m) ???

looks like you applied for ilr(m) ? if you did looks like to me you applield for the wrong visa, it should have been ilr(o) using her workpermit to get ilr, or flr(m) as a spouse and it looks like ukba think your wife should be appyling for flr(m) and if so she needs to pass the english language test..

need to know which form you used and if your wife has a workpermit

Yes ... looks as if she's completed the WRONG form(s) - which is a shame - and possibly may have to reapply. I know that the precise standards needed for full and/or partial exemption from this English Language Test has a lot of folk [including ME] since its introduction - and it affects a number of Filipinas living and working in Perth.

[joebloggs]

as for the english language test, some pressure groups have been fighting it..

http://www.jcwi.org.uk/Resources/JCW...%20%283%29.pdf


2.1.3 In their legal opinion for Liberty, leading barristers Rabinder Singh QC and Aileen McColgan concluded that:
„there are serious grounds for concern as to whether the imposition of pre-entry language requirements, as proposed by the UKBA, is consistent with the UK’s obligations under Article 8 [the right to private and family life].. of the European Convention on Human Rights…’16
2.1.4 The existence of the specified exemptions17 in the form of a blanket rule applicable to all cases was not considered to have been sufficient to comply with Article 8 European Convention on Human Rights (ECHR) requirements as ECHR obligations require consideration of all factors relevant to a case in which Article 8 ECHR is engaged rather than simply „exceptional ones‟ or those relating to age/illness. Furthermore in the light of subsequent statements18 which suggest that the measures are inspired by the need to reduce numbers it is conceivable the measures themselves cannot be justified by reference to a specified Convention reason and that they may also be inconsistent with ECHR obligations for this reason.

[Terpe]

John,
Could you please provide more information about the application form you used?
Normally the UKBA will detail specifically why an application has been refused.
What exactly did your refusal letter say?

[keeperlit]

hi joe, i am karen, johns wife, you are right im here under as a work permit visa holder since 2005 to present, i met my husband john on 2006 then started living together last 2007 then we got marry on jan 2010 in the philippines. I applied last jan 27 2011 for a spouse visa using FLR form eventhough i am qualified to apply for ILR under my work permit as i passed my UK test and been here over 5 yrs.but I wanted them to grant me a 2 yrs spouse visa only because it cost me 500 pounds only rather than paying 1300 for the ILR work permit holder as i dont have enough money saved up, so atleast i was thinking i have two options anyway so i did not worry as i know i am qualified for both.So if they gave me 2 yrs spouse definite leave to remain visa, i would have enough time to save for applying Indefinite leave to remain fee.The UKBA simply said that i need to take Ielts exam maybe because they think im over qualified for 2 yrs spouse visa.But it was my choice to apply for a spouse visa 2 yrs only so as not to pay a lot just yet.Anyway its still legal but they refused me and said no appeal on my case.Do they have the right to decide for myself?What if before 2 yrs I wanted to move back home for good?Just example.I just think they seen that im qualified to apply for ILR work permit thats why they refused me...and thats simply about more money to pay them rather than settling for 500 pounds first.the important thing is that i am securing my legality of right to abode here.Joe, I hope that you can advise us and hope you understand my english.warm regards_karen and john

[joebloggs]

hello karen, since the end of nov last year, those applying for flr in the uk need to have passed an english language test, and you applied without sending it, so thats why they refused you FLR.

as you have lived together since 2007, you might have been able to apply for an unmarried partner visa but as you married in 2010 its too late now..

yes they are probably right to refuse you, you must have read on the flr form about the english language test ? you sent an invalid application by not sending it..

no they didn't refuse you because you could have applied for ILR using your work permit, they refused you because of your invalid app (not sending the English language pass cert)

does your husband have British and Irish passports ?

when does your work permit expire ?

[Arthur Little]

as for the english language test, some pressure groups have been fighting it..

http://www.jcwi.org.uk/Resources/JCW...%20%283%29.pdf


2.1.3 In their legal opinion for Liberty, leading barristers Rabinder Singh QC and Aileen McColgan concluded that:
„there are serious grounds for concern as to whether the imposition of pre-entry language requirements, as proposed by the UKBA, is consistent with the UK’s obligations under Article 8 [the right to private and family life].. of the European Convention on Human Rights…’16
2.1.4 The existence of the specified exemptions17 in the form of a blanket rule applicable to all cases was not considered to have been sufficient to comply with Article 8 European Convention on Human Rights (ECHR) requirements as ECHR obligations require consideration of all factors relevant to a case in which Article 8 ECHR is engaged rather than simply „exceptional ones‟ or those relating to age/illness. Furthermore in the light of subsequent statements18 which suggest that the measures are inspired by the need to reduce numbers it is conceivable the measures themselves cannot be justified by reference to a specified Convention reason and that they may also be inconsistent with ECHR obligations for this reason.

That's good to know ... let's hope and they're successful!

[keeperlit]

hello karen, since the end of nov last year, those applying for flr in the uk need to have passed an english language test, and you applied without sending it, so thats why they refused you FLR.

as you have lived together since 2007, you might have been able to apply for an unmarried partner visa but as you married in 2010 its too late now..

yes they are probably right to refuse you, you must have read on the flr form about the english language test ? you sent an invalid application by not sending it..

no they didn't refuse you because you could have applied for ILR using your work permit, they refused you because of your invalid app (not sending the English language pass cert)

does your husband have British and Irish passports ?

when does your work permit expire ?

hi joe karen asleep i only have british passport,,and her work permit expires august 2011,,plus we go back to manila on may6th untill june the 16th,,and i'm really worried now as we have already paid for our holiday and would need to save up again

[joebloggs]

when was your visa refused? long shot, you could try and get your wife to pass the english language test asap and send it, but as you've said you have no right to appeal, but might be worth getting your MP involved, there must be many people who were caught out with this english language test and UKBA must have a procedure for dealing with people who are..

or apply for flr(m) she still would need to take the english language test,,

or apply for ilr using her workpermit, but check she qualifies, eg shes not been out of the uk too many day

[keeperlit]

when was your visa refused? long shot, you could try and get your wife to pass the english language test asap and send it, but as you've said you have no right to appeal, but might be worth getting your MP involved, there must be many people who were caught out with this english language test and UKBA must have a procedure for dealing with people who are..

or apply for flr(m) she still would need to take the english language test,,

or apply for ilr using her workpermit, but check she qualifies, eg shes not been out of the uk too many day

good morning joe thank you and everyone else for their help here i have sent a email to our MP and karen has taken all her paperwork with her to work this morning as we are going to apply for the ilr now ,,as we do not have the time to go through the english test (ie),,sit the test send all our documents and passports away again and wait another 3 months on them sending back the documents ,,,as we have paid for our flights and holiday to manila ,,,as for the number of days out of the uk we always go back every 12 months or 18 months for 4 to 5 weeks holiday so she is going to phone home office today plus i'm just waiting on a reply from our MP who is very good i'm off to work we will let everyone know what happens later today regards to everyone john

[joebloggs]

just check the number of days over the 5yrs is not more than she is allowed

your probably doing the right thing applying for ilr thru workpermit, as she will be free from immigration control and not have to wait 2yrs with the spouse visa

might be worth giving http://www.jcwi.org.uk/ a call b4 you do anything else, see what they say..

good luck

[Arthur Little]

Oh... John & Karen ... I really "feel" for you. Truly, I do! My wife and I were married in the Phils back in December 2008. And, like you, Karen, she took - and passed - the 'Life in the UK Test'. We thought, at one point, Myrna would need to satisfy the English Language requirement too - which, frankly, seemed totally ridiculous, as she'd been a teacher for 22 years in the Philippines ... where, as you're aware already, ENGLISH is the medium of instruction. But fortunately for Myrna, it was her Residence Permit [ILR] - as opposed to FLR - she'd applied for last month. And because she had come to the UK on a Spouse Visa two years earlier, there was no need for HER to bother with the English Language Test - which only became effective on November 29 last year.

You'll have noticed that Joe mentioned some pressure groups are fighting this (in my opinion) unfair prerequisite that has been forced on non-European lawfully-wedded partners of British Nationals. And I fervently hope and these groups (whoever they might be) triumph in their "battle".

Meanwhile ... may I take this opportunity to warmly you both to our friendly site. stay tuned ... and all the very best in your consultations with your local Member of Parliament and the Home Office.

[Arthur Little]

Another ... and - to my mind - a very relevant factor that springs to mind, is THIS:- You'd have thought the Visa-Issuing Authorites would've had the common sense to realise the glaringly-obvious! And that is ... ANYONE [in this case, YOU, Karen] who'd scored above the 75% necessary to pass the 'UK Life Test' (which many Brits - myself included - are likely to find themselves struggling with!) had ALREADY more than proved their understanding of English! Otherwise ... how else could they have managed to even comprehend the subject matter it covered - let alone attain a pass! Seems

[joebloggs]

arthur the 'life in uk test' tests the spouses ability to read and remember information based on the citizenship material, while the english language test, tests their listening and speaking in english abilites.

[Arthur Little]

arthur the 'life in uk test' tests the spouses ability to read and remember information based on the citizenship material, while the english language test, tests their listening and speaking in english abilites.

, Joe ... but when Karen [presumably] rang up her nearest 'UK Life' Testing Centre to arrange her appointment, she'd be speaking in English - NOT in any of her native dialects - and the fact that she turned up to sit the Test on the date ... and at the time ... scheduled, proved she listened - and understood what was being said to her. I know I'm "splitting hairs" here - but I'm just so ed-off and at the way she's been "treated" by the 'System'.

[Arthur Little]

it affects a number of Filipinas living and working in Perth.

And, as you can appreciate, Myrna - having reached the stage she has - is frequently being "bombarded" with questions from these other Filipinas ... a number of whom have gained Nursing Degrees in the Philippines, are employed as Care Assistants locally, got married here also (on the strength of a COA) - albeit since November 29, 2010 - and now face the prospect of having to take this infernal English Language Test. The upshot IS ... neither Myrna nor myself are qualified to give a proper answer to their questions ... and it's driving me bonkers !!!

[joebloggs]

oh i agree with you Arthur, maybe they should have only tested thou outside the UK, would have made it a lot easier and fairer

[Arthur Little]

maybe they should have only tested thou outside the UK, would have made it a lot easier and fairer

... it would've been simpler - and fairer - all round.

[Meadows]

i came in the UK last year 20th of May 2010 with a 2 year valid spouse visa .we been married in PH the 24 of June 2006
do when i applied ILR which is hopefully next year do i need to showor takae that English test ? am so confuse now reading this thread

[Terpe]

i came in the UK last year 20th of May 2010 with a 2 year valid spouse visa .we been married in PH the 24 of June 2006
do when i applied ILR which is hopefully next year do i need to showor takae that English test ? am so confuse now reading this thread

For your ILR (Indefinite Leave to Remain) the only test you need to pass is the 'Life in UK Test'
You will need to study the official book and take a test when you feel ready. You can test the test as many times as you need.
Better to start studying and prepare for the test ASAP

[Meadows]

For your ILR (Indefinite Leave to Remain) the only test you need to pass is the 'Life in UK Test'
You will need to study the official book and take a test when you feel ready. You can test the test as many times as you need.
Better to start studying and prepare for the test ASAP

Sir Terpe you really an angel what a relief i was here half day worrying too much about the thread i just read i have now my book material for the Life in the UK TEST intitle " a Journey to Citizenship" but u think this is the right book i got now to study as too many book in the shop to chose but not sure which is the official bok to the test
and about the the New English language testing for partners why am i exempted ? just really curious as i thought i have to take..make me really worry as only what i knopw is the test in the UK LIFE
again thank you very much for the answer

[Terpe]

Hi Meadows,
The book you've got sounds like the right one, is it a big blue one?

Since you arrived to UK on spouse visa before the new English language regulations were implemented you do not need to comply.

Just for your interest (and to calm you )
Here is a brief:-

From 29 November 2010, any migrant from outside the European Economic Area will need to show that they can speak and understand English if they want to enter or extend their stay in the UK as the partner of a British citizen or someone settled here. For many, this will mean taking an English language test with one of our approved test providers.

The new requirement affects anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or proposed civil partner of a British citizen or a person settled in this country. It covers those applying to extend their stay in the UK, as well as applicants from overseas.

Source:-
http://www.ukba.homeoffice.gov.uk/si...7-elt-partners

[Meadows]

Hi Meadows,
The book you've got sounds like the right one, is it a big blue one?

Since you arrived to UK on spouse visa before the new English language regulations were implemented you do not need to comply.

Just for your interest (and to calm you )
Here is a brief:-

From 29 November 2010, any migrant from outside the European Economic Area will need to show that they can speak and understand English if they want to enter or extend their stay in the UK as the partner of a British citizen or someone settled here. For many, this will mean taking an English language test with one of our approved test providers.

The new requirement affects anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or proposed civil partner of a British citizen or a person settled in this country. It covers those applying to extend their stay in the UK, as well as applicants from overseas.

Source:-
http://www.ukba.homeoffice.gov.uk/si...7-elt-partners

yep it was the big blue one "Life in the United Kingdom..AJourney to Citizenship"
i was in panic because i am on the process of reading this book already and when i come across to this site about .. New English language testing for partners am thinking i was not exempted

[Meadows]

yes it is big blue one