Partner English requirement -Visa unable to be Approved.

[gayan]

Hi,

I have submitted my ITA last January 2016. My total points were 140 including 20 points from my Partner's qualification.My partner's has not taken the IELTS as she studied her degree entirely in English medium and provided a letter from university mentioning that.

last April 2016 we got CO assign and i was wondered that CO wanted to specifically interview my wife which is very unusual situation. unfortunately that didn't went well and CO request to submit IELTS 6.5 taking next recent available exam.

anyway, we booked the recent available exam which was on 4th June 2016 and got results 17th June 2016. unfortunately she couldn't get the expected result and she got overall 6.0 (Speaking:6.5, Listening:6.5,Writing:6.0,Reading:5.5). she needs only 0.5 more to get the expected results.
even for native English speakers, IELTS do not always come easily, it needs more practice.

then i sent a mail to CO asking the possibilities that i have to proceed further.
this is what CO mention in last mail.

" I am unable to award bonus points for your wife’s qualification. This means that points have dropped below selection criteria and your application is unable to be approved.

I appreciate that this is not the outcome you were hoping for, however as requirements must be met at application stage, there is no option to put the application on hold while you try to meet requirements another way."

Will there be any chance getting extension to do exam one more time or what will be the next step.
what if application got rejected.
please help me i'm really worried.
Really appreciate your valuable comments to proceed further.

[JandM]

Will there be any chance getting extension to do exam one more time or what will be the next step.
what if application got rejected.

I know that this is not what you want to hear, but there IS no next step with this particular application, and it has already been rejected.

Probably the only route is for your wife to study and practice some more, and re-take the IELTS test until she gets the 6.5 average. If you then re-apply, you will be entitled to the points from her qualification.

[gayan]

Hi JandM,
Thank you very much for your reply. its so sad to hear. anyway we are planing to take next recent available exam with more practice.
1. what about the appeal process for this kind of situation. will there be any chance of appealing.
2. what do you mean re-apply. whats will be the process for that. do you have any idea what will be the cost.

Thanks

[JandM]

1. No, there is no chance for an appeal. An appeal is only for cases where INZ might not have followed procedure correctly. In your case, the CO exactly followed the rules, that if there is any doubt about English ability, the matter will be decided by requiring an IELTS result. SM5.5 d http://onlineservices.immigration.go...nual/41495.htm, and as you will know, for a partner's qualification to count for points, they must meet the English requirement as for a principal applicant. http://onlineservices.immigration.go...nual/30542.htm

2. I mean that you would have to start again with a new EOI. It will be just like you did this first time.

[gayan]

1. will there be negative impact for new application due to this rejection.

Thanks

[JandM]

No, not at all.

[gayan]

Thank you very much for you reply JandM.

[moonrider]

my wife taken 5 times ielts to get 6.5 .. she has been getting 6.0 for most the time.. hardwork required and dont give up ..

[JandM]

Well done, Mrs Moonrider!