# Flr M Appeal



## Pandy84 (Apr 20, 2013)

Hi There, 

Thank you for taking time to read my post.

Sadly my wife had her spousal flr (m) visa rejected the other day. we are both vey sad and anxious. I am now in the process of putting together an appeal.

It appears my (Japanese) wife didn't have the english language certificate requirement. In the original FLR M we sent a certificate that surpasses the level required , but it wasn't on the list on the UKBA website.

I'm having her take the UKBA approved A1 test tomorrow to aid our appeal. Would the appeal court accept or consider the new certificate and do I have grounds to argue that she is competent in the english language ie. she has passed an upper intermediate english test already and she is a front of house sales assistant in central London and uses English everyday as part of her job?

I'm going to appeal myself. I'm wandering if a letter from her employers and my family supporting my argument help?


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## nyclon (Apr 3, 2011)

Pandy84 said:


> Hi There,
> 
> Thank you for taking time to read my post.
> 
> ...


You can't include new information in an appeal nor will it be considered. Test results from a test that wasn't taken until after the original application was submitted will clearly be viewed as new information and won't be considered. 

Your best option is to reapply with the test results from a UKBA acknowledged test.


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## Pandy84 (Apr 20, 2013)

Thanks for the reply.

But do you think I have grounds to argue that she already is competent and fluent in english as she has already passed an upper intermediate test and her job involves her using english everyday? 

Do you not think it's worth a try?

If we were to re apply my wife would have to fly back to Japan and do it from there as her current uk visa expired a couple of days ago..


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## nyclon (Apr 3, 2011)

Pandy84 said:


> Thanks for the reply.
> 
> But do you think I have grounds to argue that she already is competent and fluent in english as she has already passed an upper intermediate test and her job involves her using english everyday?
> 
> ...


No, you have no grounds. They need objective evidence that she can speak English and that means she has to have passed an approved test at an approved level. It puts all applicants on a level playing field so to speak. Personal statements from friends, family and employers are completely subjective and will carry no weight.


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## Pandy84 (Apr 20, 2013)

Thanks for the reply.

I found a document on the website from where my Wife got her qualification and certificate , which we supplied. it states-

"The table below shows what you should know at each level and what the equivalent IELTS score would be. In the last column you will see how our English levels correspond to the Common European Framework (CEF) for languages"

from that table it shows that her level corresponds to the Common European Framework (CEF) for languages" that UKBA use, and that her certificate corresponds to a EU Level B2 and IELTS 5.0-6.0 score/level

this actutually surpasses the minimum A1 requirement by a long shot.

Do you think that will carry some weight in the appeal?

Many thanks

This actually surpasses the minimum A1 requirement


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## AmyD (Jan 12, 2013)

That document is not on the UKBA website. The UKBA has its requirements clearly spelled out. You need to conform to them. Since your wife has overstayed, she needs to leave immediately and reapply from her home country.


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## Joppa (Sep 7, 2009)

You have no ground for appeal - her application was correctly rejected because of unacceptable English test result, so she has to re-apply after passing her approved test and in Japan.
Zannen desune. (How disappointing!)


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## dref (Mar 1, 2013)

Pandy84 said:


> Hi There,
> 
> Thank you for taking time to read my post.
> 
> ...


I am sorry to hear about your problem i can understand how you feel its very stressful and difficult time for you. 

I think you should still go for the appeal get all the evidence as much as possible and put your case to the tribunal. 

In the past we made a mistake not submitting all the documents but the document already existed we appealed and the appeal was allowed.
On another tribunal case i made a mistake and the judge accepted my mistake and allowed my appeal.

There is little hope for your wife, don't put her back on the plane just because they have refused your visa.

I have also applied for my wifes ILR waiting to hear from UKBA if they refuse her visa i wont give up without a fight.
I wish you all the best.


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## Pandy84 (Apr 20, 2013)

Thanks for the kind words dref. Your right it is stressful, but you live and you learn and I will now make sure this never happens again.

best of luck


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## WestCoastCanadianGirl (Mar 17, 2012)

Gambatte ne, Pandy-sama!
Hang in there, Pandy!


Good luck to you and your wife!


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