# Spouse Visa Refused



## irfan_rs (Feb 16, 2014)

Hi everyone!

My wife was refused today and below is the reason given by the ECO.

"You are not exempt from the English language requirement under paragraph E-ECP 4.2. In addition you are not a national of a majority English speaking country listed in paragraph GEN 1.6 and have not passed English language test (A1 level of Common Eurpean Framework) with a provider approved by UKBA and/or do not hold an academic qualification recognised by NARIC UK to be equivalent to the standard of a Bachelor's or Master's degree or PHD in the UK, which was taught in English. I therephore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of Immigration Rules. (E-ECP.4.1)"


My wife took KET A2 test and passed with merit.
She obtained the following results
Reading and writing: Good
Listening: Good
Speaking : Exceptional

She did not have the certificate at the time of application but she did have the test result sheet which she submitted along with her application.

UKBA's approved english language test document states "For tests taken on or after 6 April 2013: no documents required (Scores must be verified using the Cambridge English online system using name, date of birth and passport number)".

I am confused as to why the visa has been refused.
Is it because she did not submit the oriiginal certificate or is it because KEY A2 does not meet the requirement.

One thing I have noticed is that within ECO's reasoning he has mentioned "(A1 level of Common Eurpean Framework)".

I was led to believe KEY A2 was accepted but the word A1 in ECOs refusal is starting to worry me.

Any help/comments will be highly appreciated.

Thanks


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## aissabou (Nov 9, 2013)

irfan_rs said:


> Hi everyone!
> 
> My wife was refused today and below is the reason given by the ECO.
> 
> ...


I am sorry for the refusal
for how many days the ECO make a decision about your application ?


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## Elshad (Dec 26, 2012)

Hi,

It should be at least an A level 1. Therefore the application was rejected. She needs to retake the test and re submit her application.

Regards,

Elshad


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## alfaros (Apr 24, 2014)

Elshad said:


> Hi,
> 
> It should be at least an A level 1. Therefore the application was rejected. She needs to retake the test and re submit her application.
> 
> ...


But CEFR level A1 is the lowest. If someone has achieved A2 then they have achieved more then A1!
from lowest to highest - A1 -> A2 -> B1 -> B2 -> C1 -> C2


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## ashkevron (May 1, 2012)

What is a KET A2 test? I checked the approved tests and only KET appears there? Are you sure that the test was taken with the approved provider?


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## zoray (Jan 29, 2014)

It is the A1 test that is required (as specified) any other test is not considered.


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## skinnie58 (Apr 3, 2013)

irfan_rs said:


> Hi everyone!
> 
> My wife was refused today and below is the reason given by the ECO.
> 
> ...


Hi

According to the UK Border website you need to pass a English language test at A1 and above, if your wife passed her KET exam at level A2 she has achieved higher than what is required so I do not understand why they have failed her on the Language.

A2
Waystage 
An ability to deal with simple, straightforward information and begin to express oneself in familiar contexts.
Example: CAN take part in a routine conversation on simple predictable topics.
All practice tests at this level 


A1
Breakthrough 
A basic ability to communicate and exchange information in a simple way.
Example: CAN ask simple questions about a menu and understand simple answers.

As you can see A1 is lower than A2, I would appeal against this decision, but bear in mind it could set you back at least 8 months.

Good luck.


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## zoray (Jan 29, 2014)

skinnie58 said:


> Hi
> 
> According to the UK Border website you need to pass a English language test at A1 and above, if your wife passed her KET exam at level A2 she has achieved higher than what is required so I do not understand why they have failed her on the Language.
> 
> ...


The other tests are higher than A1 but the requirement is A1..


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## skinnie58 (Apr 3, 2013)

Yes I know the other tests are higher, but the way I read it is you need to pass with a A1 or higher, A1 being the lowest pass mark, surely if you get a pass mark higher than A1 you qualify!!! maybe someone can clarify this.


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## _shel (Mar 2, 2014)

Doesn't look like her result is the problem perhaps it is who she sat it with


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## zoray (Jan 29, 2014)

skinnie58 said:


> Yes I know the other tests are higher, but the way I read it is you need to pass with a A1 or higher, A1 being the lowest pass mark, surely if you get a pass mark higher than A1 you qualify!!! maybe someone can clarify this.


You would think so but who know's what goes through e.c.o's mind when they are assessing application. Anyway if the person in question applied in Pakistan then it is the A1 test that is required.. any other test is not required at the moment if you are applying from Pakistan!!


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## skinnie58 (Apr 3, 2013)

zoray said:


> The other tests are higher than A1 but the requirement is A1..





_shel said:


> Doesn't look like her result is the problem perhaps it is who she sat it with


KET is an approved UKB exam - Cambridge English: Key (KET) lowest level is A1,
CEFR Level A2, CEFR Level B1, CEFR Level B2, CEFR Level C1 
CEFR Level C2, Multi-level exams.

It seems as if the ECO thinks you can only pass with a A1 and has not taken into account that you can get a higher grade than one, someone is not sure of what they are doing.

UKB will not accept less than A1 with the Cambridge English : Key (KET) that is what it says.


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## ashkevron (May 1, 2012)

I think the important thing first is to check that the correct test was taken with the correct provider, it is possible that the ECO did not see the test results or failed to verify them, but just to be sure that the fault lies with the ECO rather than with the OP, I'd check again to see that the test was taken with one of the test centres from the UKBA list and that the test centre uploaded the results to the Cambridge English website for verification purposes.


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## _shel (Mar 2, 2014)

skinnie58 said:


> KET is an approved UKB exam - Cambridge English: Key (KET) lowest level is A1,
> CEFR Level A2, CEFR Level B1, CEFR Level B2, CEFR Level C1
> CEFR Level C2, Multi-level exams.
> 
> ...


 I dont think thats the case at all. The case officer, in refusing the visa must quote the relevant law on which they failed. That is all they have done there not state they must get A1.

Yes Cambridge English is a recognised test but only if it is taken with a centre regulated by the UKBA. There are plenty of dodgy providers out there whos test resuts are not worth the paper they are written on.


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## irfan_rs (Feb 16, 2014)

Hi all!

Really appreciate the response!

On her certificate it reads as follows:

=================================================
Cambridge English
Language Assessment
Part of the University of Cambridge

Cambridge English Entry Level Certificate in ESOL
International (Entry 2)*

This is to certify that

"wife's name"

has beed awarded

Pass with merit

in the

Key English Test

Council of Europe Level A2.
================================================

As I mentioned in my original post, she did not have the certificate at the time of application. What she submitted was the print out of the statement of results.

UKBA approved english test document says that for KEY test no documents need to be submitted as the results will be verified online using applicant's name, date of birth and passport number.

Now we're not sure whether they never saw her statement of results or whether ECO didn't know that he/she was supposed to verify her results online.

Thanks very much everyone!


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## ashkevron (May 1, 2012)

Where did she take the test? Did she take it with one of the test centres which you can find listed here: Find an exam centre ?


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## irfan_rs (Feb 16, 2014)

ashkevron said:


> Where did she take the test? Did she take it with one of the test centres which you can find listed here: Find an exam centre ?


Hi ashkevron

Checked with the mrs and yes the centre is listed on cambridgeenglish.org.

This is how she answered part 7 of online visa application:

85) Are you exempt from the english requirement?
Answer: No

86) How did you meet the english requirement?
Answer: I have passed KEY englist test with merit.
Reference No. XXXXXXXXXXX
ID Number. XXXXXXXX


Secondly she submitted the test result sheet.

Thirdly, the test result sheet was listed on the supporting documents list.

The only thing ECO has typed is the standard paragraph from the immigration rule.

There was nothing of sort:

You have mentioned in your application that you have passed KET but we unable to verify that online, etc.

or

You have submitted the test result sheet but this can't be accepted as evidence, it has to be the original cerificate.

or

the test you have passed does not meet the requirement.


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## Sel (Mar 17, 2013)

I hope you get this sorted - feedback with your outcome.

My husband just took the same test at British council in Bosnia at a level A2 - I hope there won't be any problems.


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## Sel (Mar 17, 2013)

Does anyone know if we need to register online to enable UKBA to verify results online?


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## _shel (Mar 2, 2014)

Shouldn't imagine so. The test provider should put the results online for them to view.

Ask a friend to register and see if they can see them. If they can ukba can.


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## ashkevron (May 1, 2012)

Can you email Cambridge English online and explain the situation to them and ask them to confirm that the tests have been uploaded for verification purposes and when the tests were available from. If the tests were uploaded and available to be viewed by the UKBA, then I don't know if you have to appeal and go through the entire process or if there's some faster way to get your wife's visa.


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## vicky2010 (May 21, 2014)

Please tell me how you got on we have had the same refusal my hubby say KET and it's claiming he hasn't passed English exam he has passed at a2 and we provide log in details where you can see he has passed at there approved centre!! 
What a nightmare all this is I cannot believe it


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## irfan_rs (Feb 16, 2014)

Hi Vicky

We have appealed.
Did your husband submit the original certificate along with the application form?
What exactly did they type in the refusal letter?


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## vicky2010 (May 21, 2014)

irfan_rs said:


> Hi Vicky
> 
> We have appealed.
> Did your husband submit the original certificate along with the application form?
> What exactly did they type in the refusal letter?


They said your not exempt from passing English test and I am not satisfied you have passed basically I don't know how I can upload the refusal... Didn't submit cert as it says no docs required

Just re read refusal it says you aren't exempt you aren't from such and such a country and you have failed to pass the exam which is *REMOVED BY MODERATOR* iv wrote a 2 page complaint highlighting there rules and there guidance as has my MP and iv appealed too xx

We are satisfied you meet all other requirements we have listed 4 grounds for appeal where there clearly incompetent


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## James50 (Mar 3, 2014)

I'm not sure if this has already been stated, but I note that KET is not on the list of approved tests listed from November 2013. Would that not be the explanation?


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## Hertsfem (Jun 19, 2013)

James50 said:


> I'm not sure if this has already been stated, but I note that KET is not on the list of approved tests listed from November 2013. Would that not be the explanation?



Here it is...

Exams for settlement visas | British Council


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## Sel (Mar 17, 2013)

James50 said:


> I'm not sure if this has already been stated, but I note that KET is not on the list of approved tests listed from November 2013. Would that not be the explanation?


ITs the first one on the list.
"Cambridge 
English: Key 
(also known as 
Key English 
Test)"

known as Cambridge English: Key (KET)


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## James50 (Mar 3, 2014)

Yes, but that's the British Council. The trouble is it's not on the Home Office list here: https://www.gov.uk/government/uploa...le/304853/approved_english_language_tests.pdf


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## Hertsfem (Jun 19, 2013)

James50 said:


> Yes, but that's the British Council. The trouble is it's not on the Home Office list here: https://www.gov.uk/government/uploa...le/304853/approved_english_language_tests.pdf


As Sel says it's the first one on the list you have just provided a link to...


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## James50 (Mar 3, 2014)

Ah, okay, my apologies. Thank you for pointing that out. In that case, this must just have been an error on the part fo the case officer concerned to reject this test result.


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