Help please

[Rucy786]

Hello

it would really helpful if you could help me.

I have a court hearing next week,
and i have decided to go on my own without a solictor.

You know the letter you recieve by post about your court date and what time it is.

At the bottom of the letter it says APPELLANT AND RESPONDENT.

its got tick boxes and

The appellant box is ticked for : WITNESS STATEMENTS OF EVIDENCE TO BE CALLED AT THE HEARING.


The RESPONDENT Box is ticked : A BUNDLE OF DOCUMENTS TO BE RELIED ON AT THE HEARING.

It says THE APPELLANT must send copies of all documents to the respondent at presenting officers unit...

The respondent must send copies of all the documents to the Appellant.



Can you tell me? explain ?

Can you help me out on this?

[Greenie]

What is the decision you have appealed against?

[Rucy786]

What is the decision you have appealed against?

My wife took a EMD Test but the provider expired, the new law come out

now shes retaken it.

[Greenie]

Ok so i presume you mean she applied for a spouse visa? Is she outside the UK? Was the English language test the only reason for refusal?

[Rucy786]

Ok so i presume you mean she applied for a spouse visa? Is she outside the UK? Was the English language test the only reason for refusal?

Yes. yes that was the only reason.

[geriatrix]

What you mean when you say "provider expired"?

[Rucy786]

What you mean when you say "provider expired"?

it is not on the ukba approved list

[geriatrix]

What about the people who did a test on a provider which is not on the list?

Do they need to retake a new english lang test?

Because if they say no to the Decison, how can it be our fault? its because of the new law?

[Rucy786]

What about the people who did a test on a provider which is not on the list?

Do they need to retake a new english lang test?

Because if they say no to the Decison, how can it be our fault? its because of the new law?

. She has took the test again .....so I can say to the court that it's not our fault?

[geriatrix]

It appears that there was a significant gap between when she took the test (when EMD was an approved test provider) and when an application was submitted (when changes to the list became effective and EMD was no longer an approved test provider). Please confirm if true.

When did she retake the test - after receiving refusal or before?

[Rucy786]

It appears that there was a significant gap between when she took the test (when EMD was an approved test provider) and when an application was submitted (when changes to the list became effective and EMD was no longer an approved test provider). Please confirm if true.

When did she retake the test - after receiving refusal or before?

after she got the refusal.

[geriatrix]

It appears that there was a significant gap between when she took the test (when EMD was an approved test provider) and when an application was submitted (when changes to the list became effective and EMD was no longer an approved test provider). Please confirm if true.

[Rucy786]

It appears that there was a significant gap between when she took the test (when EMD was an approved test provider) and when an application was submitted (when changes to the list became effective and EMD was no longer an approved test provider). Please confirm if true.

Can i say that to the court? all of the above ?

[geriatrix]

Seems you are ignoring to confirm if it is how and what happened.

Assuming that it was indeed the case, then I am not sure if you will win the appeal because the real reason that the application was refused is ignorance.

[Rucy786]

Seems you are ignoring to confirm if it is how and what happened.

Assuming that it was indeed the case, then I am not sure if you will win the appeal because the real reason that the application was refused is ignorance.

I confirm its TRUE !!
What do you mean ignorance?

My Wife took the test but the Provider was not on the UKBA APPROVED LIST.

Now she has retaken it. and now i will show them that.

So what do you mean Ignorance?

[Rucy786]

Seems you are ignoring to confirm if it is how and what happened.

Assuming that it was indeed the case, then I am not sure if you will win the appeal because the real reason that the application was refused is ignorance.

I confirm its TRUE !!
What do you mean ignorance?

My Wife took the test but the Provider was not on the UKBA APPROVED LIST.

Now she has retaken it. and now i will show them that.

So what do you mean Ignorance?

So that basically means a new fresh application?

But what about those people who took the emd test and colleges told them that its approved but by them time they gained the certifcate the provider expired? is that fair or no?

Making new laws? like 18 to 21? and then they scrapped it back to the age limit 18?

What about those people who waited to turn 21? like i did?

Then they made the law back to 18? why ? why ?

[skstar]

Hi,

Okay so basically she took the test and you submitted it with the application, but it was refused on the basis that it was outdated because it was not on the list.

Right so now that she has taken the test (relevant one) as long as you have the ceritificate, transcript basically proof she has passed it then present that at the hearing.

State you didn't know it was outdated.

Simples if that is the only cause for refusal

[skstar]

If you are appealing then just present those documents to show proof and you meet the requirements

[Casa]

The issue is not that you now meet the language test requirement, but that you didn't at the time of the application. Therefore I believe you'll find that the decision was correct.
Why not reapply?

[Rucy786]

The issue is not that you now meet the language test requirement, but that you didn't at the time of the application. Therefore I believe you'll find that the decision was correct.
Why not reapply?

I will Inshallha.

So with the new law you have to earn £18000 or more?

[Casa]

A minimum of £18,600 a year.