# Spouse Visa Rejection: Admin Review or Judicial Appeal



## qa.haroon (Apr 2, 2015)

Joppa said:


> For points-based system, you can usually have administrative review (if they have indicated in their rejection letter), and you can submit new evidence available at the time of the original application but wasn't included. This is at the discretion of Home Office, but I think you have a chance with extra source of funds. So I suggest you go for administrative review and see what happens. While there is no exact timescale, I would say you may get a response in a month or so.



Sorry to be off topic, but reading you reply raised a question, i.e. can i only apply for administrative review if the visa was for points-based system? or can i put in an administrative review for my spouse visa rejection?

I recently received my rejection based on the fact that i did not provide my original Bsc degree:

ECO REASON FOR REFUSAL:
YOU ARE NOT EXEMPT FROM THE ENGLISH LANGUGAE REQUIREMENT UNDER PARAGRAPH E-ECP.4.2. INADDITION, YOU ARE NOT A NATIONAL OF A MOAJORITY ENGLISH SPEAKING COUNTRY LISTED IN PARAGRAPH GEN 1.6 AND HAVE NOT PASED AN ENGLISH LANGUAGE TEST (A1 LEVEL OF COMMON EUROPEAN FRAMEWORK) WITH A PROVIDER APPROVED BY THE HOME OFFICE. YOU STATE THAT YOU HOLD A BSC IN MANAGEMENT SCIENCE AND BUSINESS ADMINISTRATION FROM THE UNIVERSITY OF KENT, HOWEVER, YOU HAVE NOT SUBMITTED THIS WITH YOU APPLICATION. THEREFORE, I CANNOT BE SATISFIED THAT YOU HAVE PASSED THIS QUALIFICATION, AND THAT YOU HOLD AN ACADEMIC QUALIFICATION RECOGNISED BY NARIC J TO BE THE EQUIVALENT TO THE STANDARD OF A BACHELOR’S OR MASTER’S DEGREE OR PHD IN THE UK, WHICH WAS TAUGHT IN ENGLISH. I THERE FORE REFUSE YOUR APPLICATION UNDER PARAGRAPH EC-P.1.1(D) OF APPENDIX FM OF THE IMMUGRATION RULES. (E-ECP.4.1)

Now I am not sure if they rejected it because i submitted a copy instead of the original or was it a mistake. Should I apply for the admin review or apply for an appeal or reapply all together?


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## qa.haroon (Apr 2, 2015)

I recently received my rejection based on the fact that i did not provide my original Bsc degree:

ECO REASON FOR REFUSAL:
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 AN ENGLISH LANGUAGE TEST (A1 LEVEL OF COMMON EUROPEAN FRAMEWORK) WITH A PROVIDER APPROVED BY THE HOME OFFICE. YOU STATE THAT YOU HOLD A BSC IN MANAGEMENT SCIENCE AND BUSINESS ADMINISTRATION FROM THE UNIVERSITY OF KENT, HOWEVER, YOU HAVE NOT SUBMITTED THIS WITH YOU APPLICATION. THEREFORE, I CANNOT BE SATISFIED THAT YOU HAVE PASSED THIS QUALIFICATION, AND THAT YOU HOLD AN ACADEMIC QUALIFICATION RECOGNIZED BY NARIC J TO BE THE EQUIVALENT TO THE STANDARD OF A BACHELOR’S OR MASTER’S DEGREE OR PHD IN THE UK, WHICH WAS TAUGHT IN ENGLISH. I THERE FORE REFUSE YOUR APPLICATION UNDER PARAGRAPH EC-P.1.1(D) OF APPENDIX FM OF THE IMMIGRATION RULES. (E-ECP.4.1)

AS PER THE GUIDANCE NOTES ON FORM VAF4A 8.2 I FULFILL THE ENGLISH LANGUAGE REQUIREMENT:

8.2 Please provide details of how you meet the English language requirement. If you believe that you meet the English language requirement then please explain how. You can meet this requirement by a) passing a test with an approved provider and providing a certificate that clearly shows your name and the qualification obtained – this test and provider must be on our list of approved English language test providers; b) having a degree taught in English; or c) being a citizen or national of a majority English language speaking country (as specified in the Immigration Rules).


Now I am not sure if they rejected it because i submitted a copy instead of the original or was it a mistake. Should I apply for the admin review or apply for an appeal or reapply all together? 

And if I apply for an Admin review can I send them a scanned copy of the document.

I would really appreciate any and all advice


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## Joppa (Sep 7, 2009)

There is no administrative review but you can appeal, submitting your original degree certificate from Kent. Your appeal will first be reviewed by ECM, and if they decide to overturn the original decision, you will get your visa. There is also complaint procedure, but this only works if they have made a mistake, not when you have failed to include a vital document.


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## qa.haroon (Apr 2, 2015)

Thank you for your reply.

So to round it up there is no point in sending the administrative review and I have to send in the IAFT-2 form .. would you be having an idea about the time line for the appeal? And if I should do it oral hearing or papers?


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## Joppa (Sep 7, 2009)

ECM review shouldn't take long - may be a month or so? Just paper appeal will do.


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## qa.haroon (Apr 2, 2015)

ECM Review is the same has filling out an online IAFT-2 form?

Again thank you for all your help .. i did try to find the answer in the other posts but did not find an exact answer.


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## Joppa (Sep 7, 2009)

To get ECM Review, you must put in an appeal.


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