Spouse Visa Refused from Ghana

[maxinelinda]

Hello,

My husband's spouse visa has been refused saying that he has not proven that he has met the English Language requirement. He has a bachelors degree taught in Ghana and we submitted his original certificate. They have refused on the basis that he did not submit a statement from UK Naric indicating that his degree met the required level - this was the only reason for refusal.

We have now obtained the UK Naric statement and have just submitted the appeal this week. Whilst I am optimistic that eventually this will be overturned, considering how long the appeals process seems to take we are considering making a new application. I have read that the ECM review alone can take up to 19 weeks - is this correct?

I have a few further questions:

Firstly, for the appeal, would the UK Naric statement definitely qualify as 'additional' info and not 'new'? The statement is dated after the refusal date however he got his degree last year.

Secondly as he is applying for Entry Clearance it is my understanding that he can make a fresh application - correct?

Thirdly, if we were to make a new application, what happens to the outstanding appeal? I have read that it doesn't have to be withdrawn, but what should happen if, for any ridiculous reason, they refuse on different grounds? Do the grounds for the outstanding appeal remain the same or would it be influenced by the second refusal?

I am trying to get my hubby to be patient, but he is facing some difficult circumstances over there and the stress might kill him if he has to wait a year!!

Thanks all, would really appreciate feedback

[Amber]

You need to make sure your application is complete before applying, you need a NARIC statement of comparability or a print out from the PBS calculator if 10 points are awarded. Yes a reconsideration can take a while.

[vinny]

See also
APL7.5 Post decision evidence.
APL1.20 Applicant makes fresh application while an appeal is outstanding.

[estirichy]

Hello maxinelinda

Sorry to hear about the decision, I would make a fresh application if I were you, if time is of the essence, how long did your application take, i have applied for spousal visa for my wife in Ghana as well and still waiting,

Best of luck on whichever route you decide

[maxinelinda]

We have the UK NARIC statement now and will enclose this and the results from the UKBA Calculator.

I am sending my husband my recent bank statements and payslips as he applied in June. At this time he also included a letter from my employer with my terms and conditions, nothing has changed but would i need to get a more recently dated letter - this took a little while to get from my employer.

Also can anyone answer my question about what happens to the appeal when we submit a new application?

@estirichy, he got a phone call from bhc after two months asking him to submit UK NARIC document but refused him just over a week later because we hadn't submitted it - because it takes 15 working days!!!!!

[vinny]

Also can anyone answer my question about what happens to the appeal when we submit a new application?

Nothing happens to the appeal. It continues on. Didn't you read the given links?

[Amber]

Also, there is a NARIC Fast Track service and you could have got the statement of comparability in 24 hours! rather than waiting 15 days.

[maxinelinda]

Yes, i did read the attached but it doesn't really say what happens to the original appeal if the new application is refused on different grounds - not that i have any reason to think it should be, but nothing would surprise me!

[Amber]

Also, there is a NARIC Fast Track service and you could have got the statement of comparability in 24 hours! rather than waiting 15 days.

[maxinelinda]

Yes, but we were told (rightly or wrongly) that we needed the English language assessment because the statement of comparability is only assessing the comparative level of the qualiication and not whether it was taught in English - for this there is no fast track option.

[Amber]

A letter from the institution stating the medium of teaching was English would have sufficed with the statement of comparability.

[maxinelinda]

Ok, well we were not aware of this, thanks for responding and I can only hope someone else reading this will benefit to avoid this problem in the future!

We will hopefully submit a new application next week with the Naric statement and most recent bank statements and payslips to bridge the gap between now and when he first applied.

Is there anything in addition that should be added to a re-application?

[opty88]

Hi Maxinelinda, I had a similar experience with my husband's visa in Ghana. We submitted documents mentioned in his first refusal with his second application and he was again refused based on other reasons.
So do make sure you have all the necessary document when you make apply again.

[maxinelinda]

Really?? Do you mind if I ask what those reasons were?

I'm including my most recent payslips and bankstatements for the period since he applied in June and am also including the calling cards I have purchased to show we are keeping in touch.

I really don't know what else to include that was not in the first application which included:

6months bank statements and payslips
P60
Marriage certificate
Letter from my employee confirming salary, length of service and that it is a permanent position
Tenancy agreement with my husband
Covering letters from both of us
Family pictures
His university degree certificate (and this time will have the English language assessment)
TB Certificate
Certified copies of my ID
Decree absolute from previous marriage
Joint savings bank statement
Joint council tax bill

PLEASE IF ANYONE THINKS THERE IS SOMETHING MISSING PLEASE LET ME KNOW ASAP AS HE IS GOING TO SUBMIT AGAIN THIS WEEK

[opty88]

I remember one of the reasons was that he wasn't my daughter's father, reapplied with her birth cert and the second refusal reasons, they said I wasn't earning much (they miscalculated my earnings), also said a letter from my landlord wasn't dated and silly stuff.
If he is working in Ghana, add his payslips and bank statements, also photocopy parts of your passport with disembarkation/embarkation stamps from Ghana.

[vinny]

If you have been apart, then they may also expect evidence of a subsisting marriage.