Applying via VIS4UK

[gali1982]

Hi

I am new to this forum and any advice would be greatly appreciated. I got married in September 2011 (Islamic Nikah) not registered with the local registry office. My husband was a student who had overstayed his visa for some years we travelled back to Pakistan on advice of a solicitor and registered our marriage over there on the 12th March 2012.

I returned back in April 2012 and now i am applying for his spouse visa. I am currently self employed have been since last year. I have got the accounts made my total earnings is £18427 however after all expenses are paid such as running costs etc i am left with a net profit of £15500 i also have my own properties which are let out however my earnings are no where near the £18600 Teresa May is looking for.

Therefore I would like to apply before the 9th July 2012 and have posted all the documents to my husband which he has received. We are in a little bit of a dilemma at the moment as he sat his A1 english test through city& guilds in Mirpur on the 30th May 2012 and having chased them up it doesnt look like he will have his results or certificate before the 9th July 2012.

I have been looking at different ways around this and i have come across the online application VISA4UK where you can submit your application online.

my question is if my husband submits his application online before the 9th July 2012 will he still be considered under the old rules??

There is no option to pay on-line for application from Pakistan so if he gets a demand draft the same day he submits on-line will his application be considered under the old rules??

We will then have 30 days to book an appointment at Gerrys and submit all documents and he will definitely have his certificate by then.

Please advise if this is possible and if this can work

My husband has the rest of his documents just waiting for the English test certificate. I mean he lived in the UK 5 plus years his English is better than mine and i were born in the UK.

Any help would be greatly appreciated.

[Assist_ark]

Not a professional. but from my understanding of the whole immigration stuff/rules etc.

His application is only deemed as "submitted" if he has paid the fees.

Would it be possible to contact the officials of the English testing board, if they're there, to please treat your case as a priority case? Something along that line anyway.

[Lucapooka]

Apply before 9 July without the certificate. When (rather than if) the visa is refused you can appeal. Anything that existed before an application is submitted must be considered with an appeal and anything that did not exist does not have to be considered.

The issue for debate is whether the sitting of the exam and getting a pass grade is the award date (and therefore existed when the application was submitted), or whether the date of the emission of a certificate is the award date (and therefore did not exist when the application was submitted). If it's the former you can win the appeal, if it's the latter you probably can't.

[gali1982]

Thank you for your replies.

I think we will probably submit before the 9th July 2012 and see what happens. The alternative isn't so great so will have to keep our fingers crossed that they accept the English test certificate on appeal.

Many thanks for all your replies.

[pennylessinindia]

Apply before 9 July without the certificate. When (rather than if) the visa is refused you can appeal. Anything that existed before an application is submitted must be considered with an appeal and anything that did not exist does not have to be considered.

The issue for debate is whether the sitting of the exam and getting a pass grade is the award date (and therefore existed when the application was submitted), or whether the date of the emission of a certificate is the award date (and therefore did not exist when the application was submitted). If it's the former you can win the appeal, if it's the latter you probably can't.

This is an interesting thought - surely it would be the date on the certificate rather than the date the exam was taken like the rules for students applying in the old days for PSW, but will be interesting to see what others think and what happens in reality

[Lucapooka]

A KET certificate, for example only, will have the examination date and the date of issue of the certificate. These dates are often 3 or 4 months apart. The statement of results, however, is given sooner but Cambridge say on the statement of results that they reserve the right to amend the results on the final certificate so perhaps only the certificate is the valid date.

Other exams such as IELTS will issue relevant paperwork in a matter of days.

[gali1982]

Hi

so my husband is submitting tomorrow. Really worried that this case will drag on. we have attached a letter from the exam centre where he did the exam and my husband has provided an explanation as to why he hasnt received the results.

question now is should we just wait till after the 9th July or should we submit tomorrow knowing the case will get refused without the certificate.

[asim72]

You should give a thought to Lucapooka's advice and make a decision. There can be no black and white answer to this test certificate problem. It might work or it might not. You might win the appeal or you might not.

If you are thinking about submitting after 9th July, then I would say, just give the money to some poor people and not waste it on application fees. You know full well that you do not meet £18600 requirement.

[gali1982]

Thanks Asim72 for your advice.

My husband submitted his application today at Gerrys Mirpur

Thank you all for your advise I will keep you updated on the outcome.

[asim72]

Good Luck.