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Thread: Points included for Partner Qualification - IELTS not taken by Partner

  1. #1
    Join Date
    Mar 2013
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    New Zealand
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    Default Points included for Partner Qualification - IELTS not taken by Partner

    Hi,

    I have submitted my ITA. My total points were 145 including 20 points from my Partner's qualification.
    My partner's has not taken the IELTS.

    ITA was submitted in second last month of July, 2013. Today I received a query from NZ Immigration Officer asking to submit IELTS report of my partner by end of October since I am claiming points for her qualification.

    My Partner has studied her entire education in English. She has completed Ph.D where medium of instruction was english.

    At the time of ITA submission, I have obtained and submitted certificates to NZ from the universities from where my partner has completed her Bachelor's, Master's and Ph.d stating that medium of instruction was english.

    My partner has also publications in reputed international english journals and has also lived for more than a year in Europe (U.K about a year and Netherlands for around 3 months).

    I am planning to reply to the NZ officer who is doig the initial assessment of my application with the above mention points.

    Need help to know whether the above mentioned points (with proofs) are sufficient for my partner to exempt IELTS.
    Are there chances of declining my application if I donot submit IELTS?

    Regards,
    Ankur

  2. #2
    Join Date
    Feb 2008
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    37,823

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    COs have a habit of automatically saying, 'Where is your IELTS?' if they get an application without one. As you know your partner has to meet the English requirements for a principal applicant in order to have the points counted for her qualifications http://www.immigration.govt.nz/opsmanual/41495.htm, and you have supplied the proofs and information you mention above, when you reply stating that, there should be no problem.

  3. #3
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    Interesting. My wife is Malaysian, but she went to university in Australia and she has lived in the U.S. for the past 14 years. I may get her to take the IELTS just to be on the safe side, in addition to getting evidence similar to what Ankur did for his partner.

  4. #4
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    New Zealand
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    Thanks.

    Going to post the above answer to the Immigration Officer. Will keep updated this thread.

    Regards,
    Ankur

  5. #5
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    Mar 2013
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    New Zealand
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    Hi,

    I have replied to the Immigration officer regarding Partner qualification but heard nothing from her as of now.

    In the email from Immigration Officer, she has asked to make comments/provide IELTS score by 25-Oct.
    Since, I have replied to her email stating all the proofs. I am unsure whether Immigration officer is ok with my comments or not. Also, date of 25-Oct still stands there.

    Any experience, what can be done in my case?

    Regards,
    Ankur


    Regards,
    Ankur

  6. #6
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    Feb 2008
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    You have to wait for her to react now.

    When you sent your reply, it will have been added to your case file, but the file will still be in its place in the queue, and the CO won't look at what you said until it has worked its way to the top and it is again its turn for her attention. So she's not ignoring your reply for any sinister reason. Her silence to you is just because she's working other people's cases at the moment.

  7. #7
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    New Zealand
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    NZ Officer is very adamant on asking for Partner's IELTS. She is not convinved with all the explainations I gave her which indeed corresponds to the guidelines of English Level Requirement. Worried now...

  8. #8
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    It does state in the regulations linked to above that a CO has the right to insist on IELTS, however unreasonable this may seem in a case like your partner's. You had a perfectly reasonable expectation that IETS would not be necessary, so now, you can therefore ask for the necessary time for your partner to sit the IELTS exams and get the results, which will not be possible by the 25th deadline given. If the CO was to decline, there would be grounds for complaint - but let's not get ahead of things, so give her the reply and wait to see what the reaction is, meanwhile getting your partner to start on the IELTS procedures as quickly as possible. (Notice, even for native English speakers, these tests do not always come easily, so it is advisable to look online for practice tests and training possibilities before sitting the tests, to know in advance the form of what she will be facing.)

    As part of this reply, I think it would be sensible to restate the case for your partner's English ability. You could reprint the regulation (as below), taking each line that applies to her, and listing the piece of evidence that you have submitted which shows that she HAS proof from that source of English skill. This could do two jobs. 1) If the CO has somehow overlooked the fact that valid proofs are there, it will once again point them out. 2) If the situation has to be brought to the attention of a supervisor or complaints department, it will restate your position, all in the same email, so the senior can see plainly that you have a sensible attitude, and it was perfectly within your rights to expect for her not to have to do IELTS sooner.

    http://www.immigration.govt.nz/opsmanual/41495.htm

    Notwithstanding (b) above, an immigration officer may, on a case by case basis, consider the following as evidence of the principal applicant meeting the minimum standard of English if:
    they provide evidence that their recognised qualification(s):
    was gained as a result of a course or courses of study in which English was the only medium of instruction; and
    (if that qualification was gained in New Zealand) the qualification had a minimum completion time of at least two years and is at least a bachelor degree or it is a post-graduate qualification and the applicant has an undergraduate qualification that qualifies for points; or
    they have current skilled employment in New Zealand for a period of at least 12 months that qualifies for points (see SM7); or
    they provide other evidence which satisfies an immigration officer that, taking account of that evidence and all the circumstances of the application, they are a competent user of English. These circumstances may include but are not limited to:
    the country in which the applicant currently resides;
    the country(ies) in which the applicant has previously resided;
    the duration of residence in each country;
    whether the applicant speaks any language other than English;
    whether members of the applicant's family speak English;
    whether members of the applicant's family speak any language other than English;
    the nature of the applicant's current or previous employment (if any) and whether that is or was likely to require skill in English language;
    the nature of the applicant's qualifications (if any) and whether the obtaining of those qualifications was likely to require skill in the English language.

  9. #9
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    ... just a thought.. is there any chance your Case Officer would agree to having a phone interview with your partner? If all else fails, you should definitely be given the time to get the IELTS sorted and your partner shouldn't have any difficulty in getting the required level. It's all about cost as well, I understand. Maybe get a booking for an IELTS exam at the earliest possible date and then contact the Case Officer, offer the interview possibility, see what can be done and then, if necessary ask for an extension until you have the IELTS result. Good luck!

  10. #10
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    KSA
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    Hi JandM.

    Quick Question, My partner made an attempt for IELTS few months back and got 6.0, since i was claiming points for her qualification. but i didn't send the IELTS report to CO rather i sent proof for English proficiency. Now if my partner fails to come up with 6.5 (which is eligibility criteria) in second attempt ,is it possible i can pay INZ difference amount as a cover up. I know that if you are not claiming points for her qualification then 5.0 is criteria. and if you don't meet 5.0 we pay specific amount. but i am not sure about 6.5 band.

    thx.

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