# Spouse Visa refused - but why?



## signifi (Jul 30, 2013)

My wife received a package today in the post which contained all of her application documents etc, but there was also 2 letters stating that her Spouse Visa has been refused.

She is currently here on an existing Fiance Visa which expires on 10th March 2014.
We are in shock, extremely upset and scratching our heads as to why? We followed all advice carefully given in this forum. We were also shocked that the letters contained spelling mistakes, and were dated 4th Feb 2014 and yet we received them on the 1st Feb 2014. Is that legal? Sorry but this will be a huge post.

I'm going to outline the details so hopefully we can figure out what to do next.

Letter 1: Refusal to vary leave to enter or remain and decision to remove
Paragraph D-LTRP.1.3 with reference to R-LTRP.
On 10th September 2013 you were granted limited leave to enter the UK until 10th March 2014.
DECISION TO REFUSE TO VARY LEAVE TO ENTER OR REMAIN
You applied on 26th November 2013 for variation of your leave to enter or remain. That application has been refused. Full details for this decision are provided in the attached letter.
DECISION TO REMOVE
Consideration has also been given to your position in the UK. The Secretary of State has decided that you should be removed from the country by way of directions under Section 47.

Letter 2: REASONS FOR REFUSAL LETTER
On 26 November you applied for further remain on the grounds of marriage.
REFUSAL TO VARY LEAVE
We have considered your application on behalf of the Secretary of State and your application has been refused.
YOU HAVE A RIGHT OF APPEAL AGAINST THIS DECISION - SEE ATTACHED DECISION NOTICE. In refusing your application consideration has been given to your family life under Article 8 which from 9th July 2012 falls under Appenddix FM of the rules.

Decision under partner route
The requirements of Appendix FM R-LTRP 1.1(c) & (d) are that;
c) (i) the applicant must not fall for refusal under section S-LTR: Suitability eave to remain; and
(ii) the applicant meets all of the requirements of Section E-LTRP:
Eligibility for leave to remain as a partner; or
d) (i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets the requirements of paragraphs E- LTRP.1.2-1.12. and E-LTRP.2.1.;and
(iii) paragraph EX.1 applies
You meet the suitability requirement but you do not fulfil all the eligibility requirement.
The requirement to qualify for limited leave to remain as a partner under paragraph E-LTRP.4.1.
If the applicant has not met the requirement in a previous application for leave as a partner, the applicant must provide specified evidence that they-
a)	are a national of a majority English speaking country listed in paragraph GEN.1.6.;
b)	have passed an English language test in speaking and listening at a minimum of Level A1 of the Common European Framework of Reference for Languages with a provider approved by the Secretary of State;
c)	have an academic qualification recognized by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s Degree or PhD in the UK, which was taught in English; or
d)	are exempt from the English language requirement under paragraph ELTRP.4.2; unless paragraph EX.1. applies.
You have provided a ESOL Entry Level Certificate from The University Of Cambridge, however as we are unable to verify your score on the Cambridge online system, the Secretary of State is not satisfied that you meet the requirements of this rule.

Consideration of EX.1
Consideration has been given under the exceptions paragraph EX.1(a) of Appendix FM.
The requirements of this paragraph are that;
(a)	(i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and

(ii) it would not be reasonable to expect the child to leave the UK or

(b)	the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.
We have carefully considered your application, however your application falls for refusal as the requirements set out as EX.1. have not been met. From the information provided you have not demonstrated;
(a)	(i) that you are enjoying a genuine and subsisting parental relationship with a child –
You have failed to provide documentary evidence to demonstrate that you are the parent of a British or settled child and therefore your application falls for refusal. It is acknowledged that you have a relationship with your step-daughter, however as your step-daughter only spends alternate weekends and holidays with you and you have only been residing in the UK since 28th September 2013 this isn’t sufficient to justify a grant of leave undr EX.1.(a).
You claim to have a genuine and subsisting relationship with your British partner. Whilst it is acknowledged that your partner has been residing in the UK and is employment here, this does not mean that you are unable to live together in the Phillipines. Although relocating there together may cause a degree of hardship for your British Partner, the Secretary of State is not satisfied that there are insurmountable obstacles preventing you from continuing your relationship outside the UK. You therefore fail to fulfill EX.1(b) of Appendix FM of the Immigration Rules.

Consideration of Private Life
In refusing your application consideration has been given to your private life under Article 8 which from 9th July 2012 falls under paragraph 276ADE of the rules.
The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that the date of the application, the applicant:
(i)	does not fall for refusal under any of the grounds in Section S-LTR 1.2 to S-LTR 2.3 and S-LTR.3.1. in Appendix FM; and
(ii)	has made a valid application for leave to remain on the grounds of private life in the UK; and
(iii)	has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
(iv)	is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would be reasonable to expect the applicant to leave the UK; or
(v)	is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
(vi)	subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave in the UK.
You entered the UK in 2013 and have not lived continuously in the UK for at least 20 years therefore the Secretary of State is not satisfied that you can meet the requirements of Rule 276ADE (iii).

At the time of your application you were aged 25. You were not under the age of 18 years therefore the Secretary of State is not satisfied that you can meet the requirements of Rule 276ADE (iv).

Having spent 25 years in Russia and in the absence of any evidence to the contrary, it is not accepted that in the period of time that you have been in the UK you have lost ties to your home country therefore the Secretary of State is not satisfied that you can meet the requirement of Rule 276ADE (vi).


Nothing makes sense? We are so upset and confused. Why weren’t they able to see her ESOL results online? The certificate says she passed with distinction. What has time with my daughter go to do with her Spouse Application? That has never been mentioned anywhere before? Why is the letter signed by “Temporary Immigration Team 21”, and signed on 4th feb when in actual fact we received it on 1st feb? And why on earth would they suggest we go live in the Phillipines when that would clearly mean us never seeing my daughter here in the UK? I’ve never even visited the Phillipines, so why would I/we want to live there? It feels like either a very poor assessment has been made and/or we are going to wake up out of this ridiculous nightmare any minute.


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## Joppa (Sep 7, 2009)

Your situation looks complicated but it's quite simple, really.

Your wife was turned down because she failed to meet the English language requirement. You submitted ESOL Entry Level certificate from Cambridge, but in order for them to accept her pass at A1 or higher, they need to be able to verify the score online, which they couldn't do. I don't know why, but that's the reason enough for a refusal. If she took the test on or after 6th April 2013, Home Office must be able to verify the result online using her name, date of birth and passport number. You need to find out why, and remedy it.

Other two points are really extras. Since she failed on English requirement, they looked to see if there are exceptional or compassionate reasons why she can remain in UK and not removed. They considered them but found she doesn't qualify on either count. 

Sort out the English test business, appeal or re-apply and you stand a good chance of success. They just made a typo with the date. It won't invalidate it.


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## signifi (Jul 30, 2013)

That is disgusting. Are you saying our application failed because the case worker could not get the internet to work? She has passed the test, and with a distinction.
My wife is in tears. Why should we have to reapply when it is not our fault?


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## Joppa (Sep 7, 2009)

The rule says Home Office must be able to verify the result. Can you do it? Before accusing them of not being able to use the internet, find out if there is a problem accessing your result online. If there is, contact the exam board and ask them to investigate and remedy.
They changed the system from paper certificate to online verification because there were some forged documents used. Also sometimes a slow issue of certificate.


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## signifi (Jul 30, 2013)

I'm looking at her ESOL certificate now from the University of Cambridge and it says she has been awarded a Pass with Distinction. She sat the A2 exam and was upgraded to B1. If this is the case how can it happen? She sat exam in May 2013. Is it really down to an internet issue do you think?


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## signifi (Jul 30, 2013)

Ok Joppa, thank you.


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## signifi (Jul 30, 2013)

And...are you saying that all the other reasons for failure do not matter?


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## Joppa (Sep 7, 2009)

No. They were only looking at exceptional or compassionate grounds because she failed one of the requirements. If she meets the English requirement, there is no reason why she shouldn't get her visa.


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## signifi (Jul 30, 2013)

Thank you Joppa. I think we have figured out what happened. All Russian people who fly/travel outside the UK have 2 passports. A national one and international one. International passport is used for travel obviously. When she sat the exam she gave them her national one instead of international. So when they (the UKBA case worker) went to login in they probably used her international one. How do we rectify this? Cannot believe her visa has been refused over such a simple mistake.


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## Joppa (Sep 7, 2009)

Is there an email address on the letters? Send a mail and point out the problem.


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## signifi (Jul 30, 2013)

Also, they did not return her international passport which contains her existing UK fiance visa. Is that also normal?


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## Joppa (Sep 7, 2009)

They sometimes keep it if they are planning to remove the applicant from UK, and only hand the passport back at the airport just before departure.


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## signifi (Jul 30, 2013)

No Joppa there was no email address. And no direct phone number either. It's always extremely difficult and time consuming trying to contact them it seems. We feel as though someone should be held responsible for this disastrous effect which has been caused by what seems like a simple online problem. Do you think it's possible that most UKBA case workers would not be aware of the fact that most Russian people have two passports? An internal one and international one? Also, if they were having difficulty, why didn't they simply phone my wife? All seems very strange and unprofessional.


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## lovestravel (Apr 9, 2012)

If she took the test with one passport and the application was filed with another passport, why would it be their mistake? Sounds like the blame should be with yourselves for submitting information that would not allow them to access the test?


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## signifi (Jul 30, 2013)

lovestravel said:


> If she took the test with one passport and the application was filed with another passport, why would it be their mistake? Sounds like the blame should be with yourselves for submitting information that would not allow them to access the test?


But we did not know that the UKBA required to check results online. We thought the paper certificate was all they needed. How is that our fault?


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## signifi (Jul 30, 2013)

As Joppa stated, this new rule only came in on April 6th last year. How were we to know?


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## lovestravel (Apr 9, 2012)

I understand you are upset but my point is that it is the responsibility of the applicant to submit the correct information. I doesn't sound like they made a mistake. It will do no good to blame them for the fact that two different passports were used. It sounds like you can appeal to correct the mistake and clarify the information. Blaming them for something that they did not do wrong will not help in a successful appeal.


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## signifi (Jul 30, 2013)

Still don't understand why the UKBA did not try to contact us. They have our phone/email contact details. Why ask for these details and not use them? Such a simple online error having such disastrous effects.


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## signifi (Jul 30, 2013)

lovestravel said:


> I understand you are upset but my point is that it is the responsibility of the applicant to submit the correct information. I doesn't sound like they made a mistake. It will do no good to blame them for the fact that two different passports were used. It sounds like you can appeal to correct the mistake and clarify the information. Blaming them for something that they did not do wrong will not help in a successful appeal.


Yes, but doesn't the appeal process take up to 8 months? In the meantime my wife cannot work and our whole life is put on hold when it clearly shouldn't be. She passed the test with flying colours (she even got upgraded) but because of a computer system anomaly we have to suffer.


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## lovestravel (Apr 9, 2012)

Joppa can correct me if I am wrong but in all the posts I have seen on here I have never seen anyone that was called by ukba to clarify information regardless if contact info is provided. It sounds like they can either the process the application successfully based on information provided or they can't and reject it. I also believe they are severely understaffed and have a he backlog of applications as it is and may not have the time to call every applicant that has missing or in accurate information.


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## nyclon (Apr 3, 2011)

signifi said:


> As Joppa stated, this new rule only came in on April 6th last year. How were we to know?


The rule is nearly a year old. It's your responsibility to know what's required.


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## signifi (Jul 30, 2013)

We did submit the correct information. She was asked by the ESOL Cambridge University test centre in Samara to supply her National Internal Passport number. At no point in the Spouse Visa application for the UKBA did they ask for her National Internal Passport number; instead they only use an International one. She simply followed what she was told to supply at time of the exam by the examining company. It's not our fault at all. I understand that it may not be the fault of the UKBA, but someone needs to held responsible surely?


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## signifi (Jul 30, 2013)

The rule is actually irrelavant because we did submit the correct information to all concerned.


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## Joppa (Sep 7, 2009)

As you applied in UK, you cannot expect case worker to know about two different passports, and it's clearly stated that Home Office must be able to verify test result through passport number:
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf
So it's still up to you to notify them that since a different passport was used for the test, they need another number in order to verify test result. So blaming them won't cut any ice.

As I always say, work *with *UKBA, not *against *them. Using the following complaint form to lodge your comment about the refusal:
UK Border Agency | How to make a complaint
giving your application/case reference as quoted in the letter.


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## lovestravel (Apr 9, 2012)

I have no idea what is involved in this process and type of application or if there is a failing in the application or process somewhere. It seems there might have been others posting the same problem on this site if it normally happens? Perhaps start a new thread asking specifically if anyone else had this specific issue and what they did to resolve it?

Projecting anger towards ukba for this problem will not help your cause. Only thing you can do is find out how to resolve it and move forward.


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## AmyD (Jan 12, 2013)

signifi said:


> I understand that it may not be the fault of the UKBA, but someone needs to held responsible surely?


Absolutely and that person is you.


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## lovestravel (Apr 9, 2012)

If you want a recommendation for a good immigration attorney we use Kingsley napley in London. They are excellent.


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## lovestravel (Apr 9, 2012)

Immigration laws and applications are complicated which is why there are so many questions on here revolving around it. Thankfully there are plenty of people here with knowledge and willingness to help. Personally I wouldn't want to apply without the help of a solicitor which is what we did after my husbands company botched it up.


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## emmyeftekhari (Jan 27, 2014)

You pay the best part of £600 to make this application and for that you should be able to expect them to afford the time to make a 10 minute phone call to clarify a very small and easy to rectify piece of information, especially when the rest of the application is fine and especially when the information they want is already backed up with another document (English certificate) and especially when there is nothing to suggest the applicant is dodgy and especially when such a decision affects people lives in such a significant way. Monkeys.


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## lovestravel (Apr 9, 2012)

Overworked, overloaded, underpaid and constantly having to keep up with ever changing laws is what they are. As far as I know there is nothing in their job description that even allows them to call people if something is missing. If they were allowed to then I would expect visa processing times and fees to increase exponentially.


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## emmyeftekhari (Jan 27, 2014)

"2. Interpretation of level required/approved test providers
2.1 Evidence
The applicant must provide an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference (CEFR)and the date of award.
If they do not provide an original test certificate but there is evidence provided of the PTE (Pearson) test, and we have the print out of the online score we can assess whether the English Language test provider and level meet our requirements."
Taken directly from IMMIGRATION DIRECTORATE INSTRUCTIONS on UKBA website


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## nyclon (Apr 3, 2011)

Also from the Immigration Directorate:

If possible you should now verify the certificate to ensure it is valid and genuine using the methods below:

1. For Pearson test result print outs, use the following website to check they match the system: PTE Scores Redirect (a log in and password should have been provided to you; if it has not, consult your manager).

2. For other certificates, search for the provider on the internet and if there is not the option to type in a reference number, attempt to telephone them in order to verify. If the provider is unable to confirm that the certificate is genuine, the certificate will not be accepted as evidence of passing an acceptable English language test.


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## Joppa (Sep 7, 2009)

nyclon has the more-up-to-date instructions from Home Office.


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## emmyeftekhari (Jan 27, 2014)

sure but nyclon has the benefit of years of studying this, seeing numerous cases and knowing all the places to look. I just feel so sorry for these poor people and it seems so unrealistic just to say tough luck to them, you made a mistake and it's all your fault. I found that info about the English certificate on the UKBA website today so if people read that, they can't be blamed for taking it at face value and thinking they now know what to do. 
In the financial requirement section for directorate instructions it says loads of stuff about the discretion the ECO has to contact the applicant about missing info if the rest of the application is thorough and credible. Surely they could do the same for the English language requirement? It would have been so easy, so quick and it was obvious that, given they had provided a certificate, it was most likely down to a small, understandable mistake. But they just reject it and mess up people's lives.


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## lovestravel (Apr 9, 2012)

It's not the job of the ukba employee to tie up the loose ends for the applicant. It is solely the responsibility of the applicant to thoroughly research the information and provide everything required. If a mistake is made or something is missing it is not the responsibility of the agent to get the information. They seem to give the opportunity to provide additional information or appeal so it's not like a one shot and you are done situation. Someone who is not a citizen of a country does not have the right or enter that country. This person is asking permission to enter within the set of rules. If you don't fulfill the requirements or complete the application to their satisfaction then entry can be denied with the opportunity to appeal.

My question would be to the applicants- if you invest £600 or more to apply, wouldn't you do your best to make sure you completely understand the requirements and submit everything needed and more? If you miss something wouldn't you be willing to go back and try to fix it? Going I to this process there are no guarantees and have to be prepared for things to not run so smooth. Sometimes it can be the mistake of the agent but I would suspect most times it is just missing information.


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## signifi (Jul 30, 2013)

We are incredibly upset at the moment, but still not sure which route to take. Appeal or re-apply? Is it really 8 months to appeal? Is it possible to simply phone the UKBA on Monday morning and explain this extremely rare error and hope they will overturn the situation without the need to appeal?


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## Joppa (Sep 7, 2009)

Use the complaint procedure I gave details of.


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## signifi (Jul 30, 2013)

Thanks everyone especially Joppa and Nyclon. We are going to Cambridge ESOL centre first thing in the morning. We are 100% sure they will verify as the certificate was successful on her previous Fiance visa.
We have decided to make an email complaint to the UKBA with the following, hopefully avoiding the process of appeal.
What do you think of this?...

Hello,
My wife received a letter from the Home Office on Saturday 1st February 2014 stating that her Spouse Visa (Home Office Reference ???????? - Name: ???? ????????) has been refused. We read in the letter that the reason for refusal was based upon this:
"You have provided a ESOL Entry Level Certificate from the University of Cambridge, however as we are unable to verify your score on the Cambridge online system, the Secretary of State is not satisfied that you meet the requirements of this rule."
My wife has in fact passed the test with a certified test provider, however we have a feeling that the UKBA case worker may have entered the wrong passport number, therefore not being able to verify the results. This is a very rare instance in that we are sure most UKBA case workers are probably not aware of the fact that most Russian citizens have two passports. One is for International travel (flights etc) and the other one is a National Internal one. 
We are clearly very upset that a computer anomaly has caused this error and we would appreciate if the UKBA could please try to verify the results again with the correct passport number. Please be aware that ???? did not make a mistake, she simply gave the Internal National Passport number to the test centre instead of the International one, which was what they asked for at the time of testing in Samara, Russia in May 2013. Also please be advised that this same ESOL certificate was in fact verified correctly when applying for her Fiance visa which was successful. We understand that you had a new rule take effect on 6th April 2013 which uses the online verification method instead of using a real paper certificate, but you may need to modify your system as we believe it could be possible for this to happen to many other Russian applicants.
We would appreciate your time in this matter, and we understand that this is extremely rare because of the conflicting circumstances regarding many Russian people having two passport numbers.
We have checked with ESOL, Cambridge and they are able to indeed verify the certificate online.
National Passport number: ?????????? (UKBA does not have this)
International Passport: ?? ?????????? (one which UKBA has, which will not work for verification).

Please contact me as soon as possible on mobile ???, so that we may hopefully resolve this issue without needing to use the process of appeal.

Thank you,

???? ????????. (???? husband)


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## Joppa (Sep 7, 2009)

Broadly ok, but delete any reference to their error, modifying their system, how other Russian applicants may be impacted etc. Just concentrate on your issue, and don't accuse or imply anything that may be construed as criticism. It does not help resolve your problem. 

This is how I would phrase it. It should be written in the name of your wife (applicant):

I have passed the English test with the correct grade, and have submitted my pass certificate. I now realise that you verify the result online using my passport number, but unfortunately a different passport number was submitted to examination board at the time of taking the test, which is of the internal-use Russian passport, not the same passport submitted for visa application. I enclose a copy of the internal passport, whose number is xxxxxx, and I hope you will be able to check the test result online.
I hope this resolves the matter and you will be able to issue my leave to remain as spouse accordingly.


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## Whatshouldwedo (Sep 29, 2013)

'however we have a feeling that the UKBA case worker may have entered the wrong passport number, therefore not being able to verify the results.'

I would certainly reword that part. I would say that the UKBA case worker may have been given the wrong passport number. I feel that throughout the letter, you should be careful not to.blame "them" but to take partial responsibility at least for an unfortunate misunderstanding regarding which passport number should have been used.


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## signifi (Jul 30, 2013)

Thanks again.
Joppa, when she sends this email to [email protected] are you saying she should include a scan of her internal passport or should we send the original with this as a typed signed letter?


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## Joppa (Sep 7, 2009)

Scanned copy will be useful.


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## signifi (Jul 30, 2013)

As a follow up, we have just been to ESOL, University of Cambridge office in person and spoken to their senior team and it turns out that the certificate was never placed onto their online system, so it looks like the fault lies with ESOL for not updating the system. They did also mention that if UKBA had have contacted them to verify the results that they would have been able to do this quite easily. He said it was strange they did not call to do so, because they have done this in the past when this has happened. Sounds like we were the unluckiest people ever. ESOL, Cambridge Uni said they can verify results either way (phone or internet) now and they've requested that UKBA contact them directly regarding the matter to clear it up. He said we need to make initial contact. Joppa, do you think the email (complaint email address) route is still the best option for dealing with this swiftly? I think maybe the best method could be to phone UKBA perhaps?


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## signifi (Jul 30, 2013)

I cannot find the correct/relevant phone number to phone the UKBA regarding this matter?
Should I call the 0870 606 7766 Croydon number?


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## Joppa (Sep 7, 2009)

That's the only phone number the public can use. But I still think sending email with all the details is more likely to get a result. Do mention you have spoken to ESOL Cambridge and they can verify your result either online or by phone.


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## signifi (Jul 30, 2013)

We are a little worried that it says email responses may take up to 20 days. We don't have that long to initiate an appeal (deadline) so I think we will need to try phoning first.


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## Lorelli (Jan 6, 2012)

signifi said:


> we have just been to ESOL, University of Cambridge office in person and spoken to their senior team and it turns out that the certificate was never placed onto their online system, so it looks like the fault lies with ESOL for not updating the system.


Seeing as the error lies with them, I would_ insist _that Cambridge/ESOL/both confirm in writing (letter, ideally) that this was the case, so that there is hard evidence on file. 

It may be useful to have such evidence of an error beyond your control if/when it comes to an appeal. The UKBA assess on the merits of what's in front of them in the first instance within the documents you supply them with.


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## Pultet (Sep 17, 2013)

Joppa, how are they gonna verify the IELTS online? we have a certificate...

Sorry we have been refused because of the english requirements too.


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## signifi (Jul 30, 2013)

latest update..
We went to Cambridge ESOL in person and due to some technical error it turns out they never put her results onto the UKBA Home Office Verification portal. And due to technical difficulties still cannot and will not be able to. They have not explained why. ESOL did however verify the certificate in person when we attended and said her results are 100% verified and on their own system. They also said that according to current procedures and guidelines between UKBA and ESOL that the case worker involved should have tried to phone Cambridge ESOL in order to verify the results if the online system had failed. Is this true? They said they had no record of the UKBA Home Office attempting to call them via phone.
They (ESOL) have told us they are going to write us a letter to send off to the UKBA. 
Although I hope we can get it from them and sent off as soon as possible, because if this does not work we only have a very narrow window of time to commence an appeal process.


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## Lorelli (Jan 6, 2012)

signifi said:


> latest update..
> We went to Cambridge ESOL in person and due to some technical error it turns out they never put her results onto the UKBA Home Office Verification portal. And due to technical difficulties still cannot and will not be able to. They have not explained why. ESOL did however verify the certificate in person when we attended and said her results are 100% verified and on their own system. They also said that according to current procedures and guidelines between UKBA and ESOL that the case worker involved should have tried to phone Cambridge ESOL in order to verify the results if the online system had failed. Is this true? They said they had no record of the UKBA Home Office attempting to call them via phone.
> They (ESOL) have told us they are going to write us a letter to send off to the UKBA.
> Although I hope we can get it from them and sent off as soon as possible, because if this does not work we only have a very narrow window of time to commence an appeal process.


From your description, it doesn't sound like the online system failed per se, rather that your particular results were not put into it. 
If Cambridge/ESOL did not upload these results, then any search generated by the UKBA would have yielded nothing and it would appear to them as if the English language requirement had not been met. 
Despite Cambridge's protestations about procedures and guidelines between them and UKBA, it would not have been up to the UKBA case worker to investigate potential external technical difficulties. They may not have even been aware of an error. 
Sounds to me like buck passing. UKBA are not responsible for diagnosing ESOL technical input errors. Chase their letter ASAP. I have a feeling that if you cannot get through to the UKBA via any other channel an appeal is what you will have to pursue.


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## signifi (Jul 30, 2013)

Yes that is correct. The online system itself did not fail, Cambridge ESOL were not able to input them and say they will not be able to. it's something to do with some data which was not input at the Samara, Russia ESOL examination centre on the day of the exam. They say the only way will be for UKBA to verify results directly via telephone. I'm sorry but this current system is extremely flawed. My wife still cannot believe this is all happening. She passed her test with a high distinction and has a paper certificate to prove it. It was used successfully for her Fiance Visa, and so all of this feels like madness. Cambridge ESOL have agreed to write a letter, and stated this just now...

Following my investigation I have found that the reason ???????'s test day photo was not shared to the UK Home Office verification portal was that, in May 2013 when ??????? took her exam, the functionality for centres to use this was not fully in place. During that transitional period it is likely that the exam centre did not have the processes in place to take the test day photos.

Before test day photos were introduced, the process was that the Home Office would request applicants send in their certificates, statements of results, candidate ID number and candidate secret number, and statement of entry if possible. If the Home Office had any concerns they would ask us for a manual verification. Therefore this particular case should be treated in exactly the same manner as any other exam before the introduction of test day photos – if the Home Office are concerned as to the authenticity of ????????’s results, they should complete the form to request a manual verification check. We will then be happy to verify the results for them.


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## signifi (Jul 30, 2013)

Joppa, do you think UKBA will be ok with performing this manual check?
Also interested in opinions from other applicants who may have faced similar issues regarding online English test system?


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## Joppa (Sep 7, 2009)

You can't tell UKBA to do anything. It's up to them. All you can do is to submit your findings and ask politely if they'd reconsider their decision.


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## signifi (Jul 30, 2013)

Thanks Joppa. We have just drafted this covering letter to go with everything. Do you think it is ok?

To:
The Case Worker, Home Office (UKBA)
?. ?????? (name)
Temporary Migration Team 21
On behalf of the Secretary of State

Re: ???? ?????????
Home Office reference number: J??????????.

Hello,

I have passed the English test with the correct grade, and have submitted my pass certificate. My husband and I visited the Cambridge ESOL office in person to investigate what has happened and why you were not able to access my result online. Cambridge ESOL did not update my records and therefore my results information was not transferred to the Home Office’s Verification Portal.
I have included two letters from Cambridge ESOL explaining the situation, which confirms the availability to manually verify my results. It also explains how the reason for their system error and why the test day photo facility was not fully in place at the time of my exam (May 2013) and therefore why my test results cannot be placed onto your online system.

Cambridge ESOL verified my certificate in person at the Cambridge ESOL office and also requested that the Home Office could now verify my results by the link provided on their letter. They also say it is possible to contact their department via telephone to verify my results.

I would also like to add that during my examination a different passport number was submitted to the examination board at the time of taking the test, which is of the internal-use Russian passport, and not the same International passport (which you still have) submitted for my visa application. 
With this letter I also enclose a scanned copy of this internal passport, whose number is 7????????????, as well as a scanned copy of my test certificate, which you already sighted with my original documents when I submitted my application.

I also enclosed the following:
1)	Letter (written) from Cambridge ESOL – name, job title 
2)	Letter (email) from Cambridge ESOL - name, job title
3)	Printed copies of our email conversation with Cambridge ESOL regarding this matter
4)	Scanned copy of original paper test certificate (already sighted by UKBA)
5)	Scanned copy of my Russian Internal National Passport
6)	Confirmation of Entry and Timetable from email
7)	Statement of Results sent via email after I passed my exam

I hope this resolves the matter and you will be able to issue my leave to remain as spouse accordingly.

Yours faithfully,

???


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## Joppa (Sep 7, 2009)

Dear Mr/Ms xxxxx

Yours sincerely

The rest is fine.


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## signifi (Jul 30, 2013)

Thanks Joppa.
Should we be sending this to the same address shown on the back of our envelope we received from Home Office with all our original docs and refusal letter which was TMT21 Po Box 3468, Sheffield, S3 8WA ?


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## Joppa (Sep 7, 2009)

Yes I would.


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## signifi (Jul 30, 2013)

We sent two letters from Cambridge ESOL as well as the 17 page email chain regarding this matter. the first letter was from a different department and this one below is from another...
We are worried about how one of the letters states this "

We understand you are dealing with a Case Worker at the Home Office named ????? (Home Office 
reference number: J?????) and that an issue has arisen because you do not have a test day photo on 
the UK Home Office results verification website (which is part of their process for verifying your results 
and identity). 
We have a procedure in place, where the Home Office can request a manual verification check and ask 
us to verify your results for them. We cannot guarantee that this will meet the requirements of the UK 
Home Office as they do stipulate that test day photos be uploaded to their verification website. 
However, if you attach this letter along with the other required documentation, it may prompt the 
caseworker dealing with your enquiry to contact us using our contact form to request this manual 
verification check, see https://support.?????

Do you think this letter combined with the other Cambridge ESOL letter (from another ESOL employee) I posted earlier, plus the 17 page email conversation will be enough to prompt UKBA staff to realise that this was not our fault and that the ONLY way to verify will be manually?
The fact that Cambridge ESOL cannot put the results online due to a fault in their system or transitional period of their system surely should tell UKBA that their is a flaw in the system and that the only way to verify her test results will be manually?


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## Joppa (Sep 7, 2009)

Possibly, but it's up to UKBA to decide what to do. Hopefully common sense prevails and they will have another look at your application, but you just have to wait and see.


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## signifi (Jul 30, 2013)

Okay thanks Joppa. In regards to "wait and see" where do we stand on the turnaround time for this?
This wasn't the normal process of appeal, and so we assume if this does not work quickly we will have to appeal.
Obviously if these letters etc we sent today will get there in Sheffield tomorrow but how long should we wait for a decision/reply on this current refusal status from the Home Office? Our deadline for making an appeal is the 18th February, which means if this fails or if we are not notified within a week should we prepare and have our appeal ready to go? It seems like an awfully short window of opportunity under these circumstances.


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## Joppa (Sep 7, 2009)

It's safer to appeal because of the deadline, and if the decision is overturned at ECM review stage, it won't take too long - maybe a few months. You have to pay £80 in fees.
There is a risk in just sending your letter with evidence, but you may get your result sooner. You just have to choose.


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## signifi (Jul 30, 2013)

So because we have sent this evidence today, does that mean we can also initiate the appeal process as well? What happens if the refusal is overturned during which time we have also submitted a separate appeal?


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## signifi (Jul 30, 2013)

And, what is ECM review stage?


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## Joppa (Sep 7, 2009)

You can do both, and you can always withdraw your appeal (may forfeit £80).
It's the first stage of appeal process, when the entry clearance manager (or senior caseworker if applied in UK) will review the case with the option to overturn it.


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## signifi (Jul 30, 2013)

Ok thanks Joppa. I think we will commence an appeal as well next week just to be safe.
How long can we expect a reply (approx) regarding this simple method of sending the ESOL letters today? We did mark the front of the envelope as urgent.


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## Joppa (Sep 7, 2009)

No idea. If it goes to the right person, you may get a response soon but who knows?


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## signifi (Jul 30, 2013)

if we have a deadline date of 18 Feb for appeal, does this mean the Home Office has to receive this paperwork by this date? Or does it need to be posted on this date?


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## signifi (Jul 30, 2013)

Spoke to Home Office again yesterday and seemed to get a different response than last time. They gave advice that the decision for refusal has been made and won't likely be overturned by sending in this letter. So common sense will probably not prevail? They said appeal process is the best measure to deal with this. So frustrating. This should never have happened. And according to many people we have spoken to now it is clearly a problem with this new rule and system which will give many people grief for no reason. We are worried now that maybe even the appeal process won't fix this flaw in the system! :-(


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## Joppa (Sep 7, 2009)

It may not for other people but they should look at your application again and issue your visa.


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## signifi (Jul 30, 2013)

Thank you Joppa, that is re-assuring but I'm wondering why I received conflicting answers when asking the UKBA about this? One person says to send in the letters informally and the next person says that they rarely overturn a decision once it's been made and to only make a formal appeal. Obviously after making this informal appeal, we will also be submitting our formal appeal but there does not seem to be much clarity or consistency given by the phone-line advisors.
Do you know if there is a current page we can site in the UKBA Home Office staff guidelines (PDF) which says that if results cannot be verified online that the case-worker should use a manual method of verification with the related educational facility?


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## signifi (Jul 30, 2013)

We were able to find this regarding English test results verification:
For other supporting evidence 

 search for the provider’s website and, if possible, verify the evidence online, or 
 telephone the provider. 

If you cannot verify the evidence and have checked the risk profiles, ask your line manager 
to advise you what action to take. 


This was taken from this UKBA link...
http://www.ukba.homeoffice.gov.uk/s...d/working/pbs/englishlanguage.pdf?view=Binary


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## Joppa (Sep 7, 2009)

Yes but like everything else it's just guidance, not the letter of the law.


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## Joppa (Sep 7, 2009)

I think you should let this matter rest now and wait for any response from Home Office?


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## signifi (Jul 30, 2013)

Sorry Joppa. I haven't had a proper nights sleep since receiving this news and I cannot let this matter rest when I know we need to submit our appeal before deadline this week. I've looked through the refusal letters and method of appeal paperwork and nothing seems to make any sense. The questions are so confusing. We cannot even see which grounds we should be appealing under? You are probably more aware of our circumstances than anyone else. Do you think we should hire an immigration solicitor to submit our appeal or do you think it will be possible to do it ourselves?


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## vicky2010 (May 21, 2014)

We have just been refused for exactly the same reason yet my Mp can verify his results with the log in details I gave on q86 of the application form. I am furious they are satisfied we meet all other criteria just claim
( which is wrong in fact and in law) that he never passed this exam . He passed with merit!! How did you get on with yours have you heard yet?


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## r0cks (Sep 8, 2013)

Pultet said:


> Joppa, how are they gonna verify the IELTS online? we have a certificate...
> 
> Sorry we have been refused because of the english requirements too.


Hi Pultet,

did they refuse your visa just because they couldn't verify your results or not enough score? Please update me as im applying in few days.

Thanks


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