Rejection letter (which was attached to the Decision made email)
Dear ***
Your human rights claim in an application for entry clearance made on 16/11/2017 is
refused.
What this means for you
You can appeal this decision. Instructions on how to appeal are in the ‘next steps’ section
of this letter.
The reasons for this decision are set out on the next page.
Yours sincerely
REASONS FOR REFUSAL
On 16/11/2017 you made an application for entry clearance to the UK under Appendix
FM to the Immigration Rules on the basis of your family life with your partner ***
Your application has been considered under those Rules, and with reference to Article 8
of the European Convention on Human Rights (ECHR). The relevant Immigration Rules
can be viewed on gov.uk here:
www.gov.uk/guidance/immigration-rules.
This decision takes into account as a primary consideration the best interests of any
relevant child in line with section 55 of the Borders, Citizenship and Immigration Act
2009.
We have considered your application under paragraph EC-P.1.1. of Appendix FM.
However, you do not qualify for entry clearance under the 5-year partner route for the
following reasons:
Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC of
Appendix FM.
Eligibility
Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of
Section E-ECP of Appendix FM for the following reasons:
Eligibility Relationship Requirement
You meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.
Eligibility Financial Requirement
You meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4.
Eligibility English Language Requirement
You do not meet the eligibility English language requirement of paragraphs E-ECP.4.1. to
4.2. because:
You are not exempt from the English language requirement under paragraph E-ECP.4.2.
In addition, you are not a national of a majority English speaking country listed in
paragraph GEN 1.6 and have not passed an English language test (A1 Level of Common
European Framework) with a provider approved by UKVI and/or do not hold an academic
qualification recognised by NARIC UK to be the equivalent to the standard of a
Bachelor’s or Master’s degree or PhD in the UK, which was taught in English. You have also not provided any details that there are any exceptional compassionate
circumstances that would prevent you from meeting the English language requirement.
In support of your application you have provided an IELTS General Training certificate issued on 04/06/2016; however this which is not an English language test which is approved by the Secretary of State for the purposes of settlement. Every English language test taken on or after 6 April 2015 by a partner or parent applicant must meet the new requirements in respect of the approved tests, providers and secure test centres offered by Trinity College London or the IELTS SELT Consortium.
I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.4.1)
Exceptional Circumstances
MUST We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM
as applicable, whether there are exceptional circumstances in your case which could or would render refusal a breach of Article 8 of the ECHR because it could or would result in unjustifiably harsh consequences for you or your family. In so doing we have taken into account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant child as a primary consideration.
You have provided no information or evidence to establish that there are any exceptional circumstances in your case.
Refusal under the Partner Rules
In light of the above, your application is refused under paragraph D-ECP.1.3.of Appendix FM with reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance on the 5-year partner route, or on the 10-year partner route on the basis of exceptional circumstances, under Appendix FM.
NEXT STEPS
RIGHT OF APPEAL
You have 28 days from the date you receive this decision to appeal. Information on how to appeal, the appeal process and the fees payable are all available online at:
https://www.gov.uk/immigration-asylum-tribunal/appeal-from-outside-the-ukIf you want to seek legal advice you must do so now.
IMMIGRATION HEALTH SURCHARGE
If you have paid the Immigration Health Surcharge it will be refunded. You may need to pay again if any appeal is successful.
