APPEAL URGENT HELP

[Becky7]

Hello all, I am new in this forum so I hope that I am writing at the right section of the forum.

I applied for an unmarried partner visa in September 2015 ( me and my british partner being living together for more than 3 years). but unfortunately my application was refused because of the english text aaas not accepted because they change the rules.

I passed the pearson english text on Jan 2015 that means before April 2015 when the HO change the requirements and since I applied before November 2015 I believed that I am meeting all the requirements.

I appealed in December 2015, this week I finally received a letter from the court saying that my hearing date will be next March 2017.

The court ask me the send all the documents and the evidences before the hearing date, they also asked the home office to send their documents before mid October 2016.

I tried so many times to explain to my case worker at the HO that he made a mistake but with no luck.

My question now: do you think that the HO may overturn their decision before October 2016 ( I know it's their case worker mistake) or I just have to wait until March 2017 ?

Please help me if you could. Thank you

[Casa]

Didn't you apply for an Administrative Review (AR) ?

However, it's not relevant when you passed the test. It's the Immigration Rules in place on the date you submitted your application. If the approved tests/test providers changed in April 2015 and you didn't apply until Sept 2015, you would need to comply with the new English language requirements.

If I have understood your post correctly, the Case Worker's decision to refuse the application was valid.

[noajthan]

Hello all, I am new in this forum so I hope that I am writing at the right section of the forum.

I applied for an unmarried partner visa in September 2015 ( me and my british partner being living together for more than 3 years). but unfortunately my application was refused because of the english text aaas not accepted because they change the rules.

I passed the pearson english text on Jan 2015 that means before April 2015 when the HO change the requirements and since I applied before November 2015 I believed that I am meeting all the requirements.

I appealed in December 2015, this week I finally received a letter from the court saying that my hearing date will be next March 2017.

The court ask me the send all the documents and the evidences before the hearing date, they also asked the home office to send their documents before mid October 2016.

I tried so many times to explain to my case worker at the HO that he made a mistake but with no luck.

My question now: do you think that the HO may overturn their decision before October 2016 ( I know it's their case worker mistake) or I just have to wait until March 2017 ?

Please help me if you could. Thank you

Welcome. This section is fine.

Do you have an ESOL certificate (at B1 level)?
Is that what your Pearson is?

I seem to recall that a valid ESOL was still accepted up until November 2015 as an alternative to SELT if the certificate appeared on the OfQual website.

Similar case (for naturalisation) and similar advice:
http://www.immigrationboards.com/britis ... l#p1329640

See also :
http://www.immigrationboards.com/britis ... l#p1285064
and:
http://www.learningandwork.org.uk/sites ... 202015.pdf

Worth putting a case together for reconsideration due to caseworker error if the above can be shown to apply to UP visa.

[noajthan]

This HO guidance dated June 2016 seals the deal:

Applications made for naturalisation before 12 November 2015 or settlement before 19 November 2015

The following tests are acceptable:

• qualifications covering speaking and listening at B1 or above from the Secure English Language Test (SELT) list in the Immigration Rules, App. O;
  
  qualifications in English for Speakers of Other Languages (ESOL) at Entry level 3, level 1 or level 2, that include speaking and listening and that have been regulated by the Office of Qualifications and Examinations Regulation (Ofqual)
  - the qualification must be listed as an ESOL qualification on the Ofqual Register of Regulated Qualifications and have been taken in England, Wales or Northern Ireland

https://www.gov.uk/government/uploads/s ... -v19.0.pdf

[Becky7]

Didn't you apply for an Administrative Review (AR) ?

However, it's not relevant when you passed the test. It's the Immigration Rules in place on the date you submitted your application. If the approved tests/test providers changed in April 2015 and you didn't apply until Sept 2015, you would need to comply with the new English language requirements.

If I have understood your post correctly, the Case Worker's decision to refuse the application was valid.

Thanks for your reply .

It is true that the HO changed their english test requirements in April 2015 but they said that any english test passed before April 2015 you can still apply with it until November 2015.

[Becky7]

Hello all, I am new in this forum so I hope that I am writing at the right section of the forum.

I applied for an unmarried partner visa in September 2015 ( me and my british partner being living together for more than 3 years). but unfortunately my application was refused because of the english text aaas not accepted because they change the rules.

I passed the pearson english text on Jan 2015 that means before April 2015 when the HO change the requirements and since I applied before November 2015 I believed that I am meeting all the requirements.

I appealed in December 2015, this week I finally received a letter from the court saying that my hearing date will be next March 2017.

The court ask me the send all the documents and the evidences before the hearing date, they also asked the home office to send their documents before mid October 2016.

I tried so many times to explain to my case worker at the HO that he made a mistake but with no luck.

My question now: do you think that the HO may overturn their decision before October 2016 ( I know it's their case worker mistake) or I just have to wait until March 2017 ?

Please help me if you could. Thank you

Welcome. This section is fine.

Do you have an ESOL certificate (at B1 level)?
Is that what your Pearson is?

I seem to recall that a valid ESOL was still accepted up until November 2015 as an alternative to SELT if the certificate appeared on the OfQual website.

Similar case (for naturalisation) and similar advice:
http://www.immigrationboards.com/britis ... l#p1329640

See also :
http://www.immigrationboards.com/britis ... l#p1285064
and:
http://www.learningandwork.org.uk/sites ... 202015.pdf

Worth putting a case together for reconsideration due to caseworker error if the above can be shown to apply to UP visa.

Thank you so much for your response. Yes the pearson was one of the english tests accepted by the home office when you apply for an application .
I believe for an unmarried partner visa you only need A1 level but I have got 65% which equivalent to B2 level. My case worker did not want to make an bit of effort and double check the requirements. ALSO, the HO removed the previous accepted english test list from their website which maybe made it worse for my case.
I did give a copy for the previous english tests accepted before April 2015 to November 2015 when submitting my appeal.
I took more than a year to decided on a very easy case and the appeal took longer.I don't think I can still wait till March 2017 when the hearing date is set.

[Becky7]

This HO guidance dated June 2016 seals the deal:

Applications made for naturalisation before 12 November 2015 or settlement before 19 November 2015

The following tests are acceptable:

• qualifications covering speaking and listening at B1 or above from the Secure English Language Test (SELT) list in the Immigration Rules, App. O;
  
  qualifications in English for Speakers of Other Languages (ESOL) at Entry level 3, level 1 or level 2, that include speaking and listening and that have been regulated by the Office of Qualifications and Examinations Regulation (Ofqual)
  - the qualification must be listed as an ESOL qualification on the Ofqual Register of Regulated Qualifications and have been taken in England, Wales or Northern Ireland

https://www.gov.uk/government/uploads/s ... -v19.0.pdf

Thank you for your reply.

I only need A1 level .I did apply before November 2015 but I got refused.

[Becky7]

By the way. after my appeal I did asked the HO office to give me my passport back to pass the new english test but they gave me a copy of my passport which was not accepted by any of the two centres.
I did ask for a certified copy which was accepted by those centres but by the time I received it from the HO the rules changed and was not accepted anymore ( my bad luck). Now they only accept original passports.

It is making me very depressed and sad because whenever I try to solve a problem something else comes up. I know that I my the english test I submitted was accepted by that time but for some reason everything is missed up by whoever it is.

The waiting time is agonizing

[noajthan]

By the way. after my appeal I did asked the HO office to give me my passport back to pass the new english test but they gave me a copy of my passport which was not accepted by any of the two centres.
I did ask for a certified copy which was accepted by those centres but by the time I received it from the HO the rules changed and was not accepted anymore ( my bad luck). Now they only accept original passports.

It is making me very depressed and sad because whenever I try to solve a problem something else comes up. I know that I my the english test I submitted was accepted by that time but for some reason everything is missed up by whoever it is.

The waiting time is agonizing

You need to establish if an A1 ESOL qualification listed by OfQual before November 2015 was acceptable.
if so you have a case.

[Becky7]

By the way. after my appeal I did asked the HO office to give me my passport back to pass the new english test but they gave me a copy of my passport which was not accepted by any of the two centres.
I did ask for a certified copy which was accepted by those centres but by the time I received it from the HO the rules changed and was not accepted anymore ( my bad luck). Now they only accept original passports.

It is making me very depressed and sad because whenever I try to solve a problem something else comes up. I know that I my the english test I submitted was accepted by that time but for some reason everything is missed up by whoever it is.

The waiting time is agonizing

You need to establish if an A1 ESOL qualification listed by OfQual before November 2015 was acceptable.
if so you have a case.

Yes it was accepted. It was on the HO listed approved english tests

[Becky7]

Hi all, I received a letter from the court saying that my hearing date is on March 2017 but I want to change this date.

Can I send a letter to the court asking them to have the appeal hearing somewhere outside London like Manchester to Birmingham ? I guess the courts there are not busy like London ones.
Also,the barista price is cheaper and I don't mind traveling around the UK a long as this appeal process will not take longer.

Thank you