# Spouse Visa refused - online English Test verification failed - Appeal process



## signifi (Jul 30, 2013)

I was advised to commence a new post, but as many may not have seen the previous one I will explain again.
My wife received a letter last Saturday 1st Feb. from UKBA stating that her UK Spouse Visa has been refused because they were unable to verify her ESOL Entry Level Certificate from The University of Cambridge. They say they were unable to verify the score on their online system and therefore have we have not satisfied their requirements. The reason for Cambridge ESOL not putting it onto their online system is because my wife sat her test at a transitional period when test day photographs were being introduced into the exam system, but it was just before this time that she (my wife) sat and passed her exam. This has had a disastrous effect and we are obviously disappointed with the Home Office for not trying to verify her results by telephone or an online manual verification method, especially considering this exact test certificate (paper version) was successfully used in her prior UK Fiance Visa application. The paper certificate was submitted with her original Spouse Visa application but apparently that means nothing and they only rely upon the Home Office Verification Portal to check results these days.
We contacted Cambridge ESOL regarding the matter and their response was this:

"Hi ????,
Thank you for your email.
We have no control over UK Home Office decisions and requirements with regard to visa applications lodged with them. It is not possible to take a test day photo of a candidate retrospectively; the test day photo process was introduced as a security measure to capture an image of the candidate at the centre on the test day. Currently the Home Office requires a test day photo and results to be sent through to the Home Office verification portal. There will be situations where this is not possible (for example, the test was taken before the test day photo process was introduced etc.). In these instances, we have no control of Home Office procedures and cannot guarantee anything, however we have provided the Home Office with information on our manual results verification process and they have access to the relevant form on our support site. The link to this was also included in ????? ????????s letter.
We do understand your concerns and we hope the Home Office will contact us to carry out the manual verification . We are happy for the case worker for your application to contact us here directly by phone or email and If they have any further questions that we are unable to help with, we can forward their enquiry to the contact that we regularly deal with at the Home Office.
We wish you the best of luck with your application."

We submitted 2 letters from Cambridge ESOL to the UKBA this week informally, however we were told by UKBA on the phone that apparently they (UKBA) rarely overturn decisions before going down the official appeal route. 

We have been advised to appeal and will do so, however the appeal paperwork is incredibly confusing. We are not even sure which grounds/category we will be appealing under. Our situation is quite rare I feel. Has anybody else on here had a similar circumstance (English Test issue) which they may advise us on?

We have decided we will lodge an appeal online in the next few days.
In this circumstance is it best to submit an Oral Hearing or Paper Hearing?

Wish we had taken the advice months ago of submitting a personal interview application instead of a postal one for this Spouse Visa. Wouldn't be in this awful mess now. Legal firm wants £1750 to help us make an oral appeal. :-(


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## Pultet (Sep 17, 2013)

Signifisi, i have read your previous post.. Just a thought, wouldn't it be easier and cheaper for you to re-apply?


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## signifi (Jul 30, 2013)

No, because it will cost £140 to submit an oral appeal, representing ourselves and £600 to make a new application. And this is about principal. We have done nothing wrong. We are victims of a flawed system.
And even if we were to reapply we would certainly go down the route of using the personal interview method and would NEVER use the postal method ever again.

The appeal process seems confusing but I assume, based upon my first post where I outlined the reasons for refusal that we will be appealing this decision based upon:
1) Refusal of Application (unable to verify results online)
Grounds - NOT IN ACCORDANCE WITH IMMIGRATION LAWS
2) Decision to Remove under section 47
Grounds - NOT IN ACCORDANCE WITH LAW
Not sure why they even put "removal" because my wife is still here on her Fiance Visa? Until mid-March? Seems like so many errors on so many levels?
Oral Hearing - £140.
Does anybody know (if we are based in Cambridge) where the appeal takes place? Nothing in the guidance for where?
Any idea how long it takes to get an Oral Hearing date from the Tribunal.


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## Joppa (Sep 7, 2009)

You are going about the wrong way. Don't appeal against removal - which they are entitled to do when someone no longer has a valid reason to stay in UK, and fiancé visa is cancelled when you apply for another leave which is then turned down. 
All you need to be appealing against is about English language test. Just state the reasons why you actually meet the requirement, and the failure of online verification system. Just attach the letter and correspondence you've been having with test board. 
Just go for paper appeal, as there isn't anything to discuss verbally.
There is a long backlog, and people have waited about a year for a hearing.
But there is hope. Home Office may respond to your request already made much sooner.


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## signifi (Jul 30, 2013)

Joppa we don't know what to do. We are so desperate for answers. We seem to get conflicting opinions constantly.
I was not getting any responses on the forum and so rang a solicitor today due to the tight window of opportunity for appeal we have. He said to me that it has been a long time since he knew of a "paper" appeal succeeding. I assume that was scare tactics? The last phone call to UKBA, Croydon number, staff said they will not overturn a decision until it goes to proper appeal process and the solicitor also said this today, however again I did suspect scare tactics. If an oral appeal has a 12 month wait, how long does a paper appeal have?
Do you think we should appeal via online, post or fax?
I don't really trust fax machines very much, but I've also heard he online appeal system is very unreliable?
Tearing our hair out here.


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## Joppa (Sep 7, 2009)

Appeal online. You will get confirmation of receipt. Pay £80 for paper appeal. You still wait for some time for a hearing. Yes, advisor would want to get their fees, as appeal is highly profitable for them, though also labour-intensive if they go for oral hearing.


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## signifi (Jul 30, 2013)

So I assume you know of plenty of people have a successful paper appeal? So he lied to me?
I would easily trust the senior people on this Expat forum before I trust the word of this solicitor.
Thank you.


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## signifi (Jul 30, 2013)

Joppa, before we commence the online appeal process, could you explain how we submit all of our documents? Do we attach them all?


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## Joppa (Sep 7, 2009)

If you have a solid case, and I think you have, paper appeal is quite adequate. If you then hear direct from UKBA in response to your informal communication, and they decide to issue your leave, you can withdraw your appeal.


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## Joppa (Sep 7, 2009)

You can fax them or scan them. Don't send any originals. Keep a copy for yourself.


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## signifi (Jul 30, 2013)

Yes, we have scanned everything as we've gone along. So do we "attach" all of these scans at the end of the online appeal process?


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## Joppa (Sep 7, 2009)

Yes, as the form tells you.


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## signifi (Jul 30, 2013)

Is it possible to have a dummy run at this online process, so that we may put some questions into a post for you? That way if we see what is being asked online tonight, we could then make our actual appeal tomorrow night. Is that possible do you think?


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## Joppa (Sep 7, 2009)

I don't know - never tried. But see how you get on.


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## signifi (Jul 30, 2013)

It asks for Surname as shown on passport and other names as shown on passport.
But then asks title (does not mention as shown on passport). Should she put Miss/Ms as on passport or Mrs because she is married now?


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## Joppa (Sep 7, 2009)

Whatever is on passport.


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## signifi (Jul 30, 2013)

It says in guidance notes...You MUST enclose a copy of the UKBA decision letter, or your appeal may be treated as invalid. Do we send a scanned copy or the original? You said we should keep all originals?


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## signifi (Jul 30, 2013)

Joppa said:


> Whatever is on passport.


It doesn't say on her Russian passport. Just F for female.


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## Joppa (Sep 7, 2009)

Then it doesn't matter. Never send original documents - for appeals, copies only.


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## signifi (Jul 30, 2013)

I assume this bit is super important...
Section 3. Grounds of your appeal
You must:
Let us know the reasons you disagree with the decision on the Notice of Decision document.
Include any information that has not been mentioned in the Notice of Decision and say whether you have raised these issues before.
You must give as much detail as possible, as you may not be allowed to mention any further grounds at a later date.
If your appeal relates in whole or in part to an Asylum decision, complete boxes 1 to 6 as applicable. You should also complete box 7 if you are not sure which boxes apply to you or there are other points in the refusal letter that you disagree with. If your appeal relates to a immigration decision complete box 8.


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## Joppa (Sep 7, 2009)

Seems straightforward to me.


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## signifi (Jul 30, 2013)

Thanks Joppa. Do you think this is ok?

Online VISA appeal
Section 3: If your appeal relates to a non-asylum decision with which you disagree, you must give your reasons below and refer to the paragraphs of the refusal letter.
Could we put this?
Reason for refusal letter states:
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 requirement.

I disagree with this decision for the following reasons:
1)	My results were not available online, because I sat my exam test in May 2013 during a transitional time when Cambridge ESOL were introducing a new system of test day photographs which are now currently used in the Home Office Verification Portal. Because this system was not in place at the time of sitting my test, Cambridge ESOL were not able to take my test day photo on the day and therefore not able to put my results onto the online system. 
2)	This exam certificate was used successfully in my previous UK Visa Application (Fiance-Marriage Visa)
3)	Cambridge ESOL confirmed the validity of my test results when I visited them in person at their offices in Cambridge, England and have since confirmed that the Home Office is able to confirm these results via a manual request provided/supplied in a letter from Cambridge ESOL. They are also happy to speak with any case-worker via telephone.
I also quote the following from two letters supplied by Cambridge ESOL, The University of Cambridge:

Letter 1 from Cambridge ESOL:
Hi ????,
Thank you for your email.
We have no control over UK Home Office decisions and requirements with regard to visa applications lodged with them. It is not possible to take a test day photo of a candidate retrospectively; the test day photo process was introduced as a security measure to capture an image of the candidate at the centre on the test day. Currently the Home Office requires a test day photo and results to be sent through to the Home Office verification portal. There will be situations where this is not possible (for example, the test was taken before the test day photo process was introduced etc.). In these instances, we have no control of Home Office procedures and cannot guarantee anything, however we have provided the Home Office with information on our manual results verification process and they have access to the relevant form on our support site. The link to this was also included in ????? ????????s letter.
We do understand your concerns and we hope the Home Office will contact us to carry out the manual verification . We are happy for the case worker for your application to contact us here directly by phone or email and If they have any further questions that we are unable to help with, we can forward their enquiry to the contact that we regularly deal with at the Home Office.
We wish you the best of luck with your application."

Letter 2 from Cambridge ESOL:
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 url......

Is this what we include for grounds?


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## signifi (Jul 30, 2013)

Or is it better to simply put this:

If your appeal relates to a non-asylum decision with which you disagree, you must give your reasons below and refer to the paragraphs of the refusal letter.
Could we put this?
Reason for refusal letter states:
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 requirement.

I disagree with this decision for the following reasons:
1)	My results were not available online, because I sat my exam test in May 2013 during a transitional time when Cambridge ESOL were introducing a new system of test day photographs which are now currently used in the Home Office Verification Portal. Because this system was not in place at the time of sitting my test, Cambridge ESOL were not able to take my test day photo on the day and therefore not able to put my results onto the online system. 
2)	This exam certificate was used successfully in my previous UK Visa Application (Fiance-Marriage Visa)
3)	Cambridge ESOL confirmed the validity of my test results when I visited them in person at their offices in Cambridge, England and have since confirmed that the Home Office is able to confirm these results via a manual request provided/supplied in a letter from Cambridge ESOL. They are also happy to speak with any case-worker via telephone.

I also attach two letters supplied by Cambridge ESOL, The University of Cambridge.


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## Joppa (Sep 7, 2009)

The second is better.


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## Pultet (Sep 17, 2013)

Just want to wish you luck Signifisi, i know how it feels...

all the best and GOOD LUCK.


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## signifi (Jul 30, 2013)

Pultet said:


> Just want to wish you luck Signifisi, i know how it feels...
> 
> all the best and GOOD LUCK.


Pultet, did you submit a paper appeal?


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## Pultet (Sep 17, 2013)

signifi said:


> Pultet, did you submit a paper appeal?


Nope, Signifi we have been refused twice and been advised by solicitors not to appeal as there is no chance of winning if in case we do appeal.

So here, we are re-applying for the 3rd time.


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## signifi (Jul 30, 2013)

Do you mind me asking what reason you were refused?


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## Pultet (Sep 17, 2013)

signifi said:


> Do you mind me asking what reason you were refused?


The first one was a bit complicated, insufficient document, my fiance applied for a family member of EEAU national but he was not qualified as my family member..

Second one is a silly mistake which we were not aware of... My fiance took IELTS exam and got the certificate but he only got 3.5 in Listening, and they needed 4.0 with both speaking and Listening as a passing score >.<


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## signifi (Jul 30, 2013)

Joppa, in Section 3, C online it asks this...
If you are intending to send other documents that are not yet available to you. Please list them here:

Do you think it is worth listing this:
Possibly a further letter from Cambridge ESOL.

I was wondering if we put this and we wait a long time for appeal whether in the interim we may receive further correspondence to support our case?


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## Joppa (Sep 7, 2009)

Maybe but you can leave that section blank.


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## signifi (Jul 30, 2013)

Okay, we will. Is it actually possible to submit further paperwork while waiting for appeal?


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## Joppa (Sep 7, 2009)

Yes, but the usual stipulation is that any document must have been available at the time of original application. In your case, as it relates to verifying test result, it must be to do with procedure that was available when the original application was being considered.


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