Spouse English Dilemma

Old Apr 7th 2010, 8:18 am
  #1  
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Default Spouse English Dilemma

Hi,

Before asking my question, here is my story.

I applied under Category 175 on November 30, 2009 (Paper based application)

On Feb 8, 2010, I was asked by CO to submit PCC/Medicals and IELTS certificate for my wife.

But I had already submitted a letter from her university (about English as medium of communication). I the asked CO if she still needs IELTS? , I got a response that my CO was informed about the letter.

I then submitted the PCC/Medicals on March 13, 2010. To be on secure side, We also booked an IELTS exam date for her and inform CO on March 13, 2010 with IELTS booking reference.

My wife got IELTS results on April 1st, 2010 and it was overall 4.0 (not meeting DIAC requirements of 4.5 band). I then informed DIAC with IELTS marks certificate and also mentioned them that We are willing to pay English Education Fee charges (3535 Aus Dollars).

And Now i am waiting for their response.

My question is: In this scenario when they have option of accepting 2 year letter from her university OR asking me to submit English language charges. What normally happens?

Thanks in advance for your comments.

Regards,

Usman
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Old Apr 7th 2010, 12:33 pm
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Default Re: Spouse English Dilemma

Originally Posted by mr.usman View Post
Hi,

My wife got IELTS results on April 1st, 2010 and it was overall 4.0 (not meeting DIAC requirements of 4.5 band). I then informed DIAC with IELTS marks certificate and also mentioned them that We are willing to pay English Education Fee charges (3535 Aus Dollars).
As you have already submit your wife's IELTS test report which is below DIAC IELTS requirement, you need to pay AUS 3535 as 2nd installment.
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Old Apr 7th 2010, 12:43 pm
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Default Re: Spouse English Dilemma

Now you need to pay the second installement..............something we all try to avoid ..............

you should have wait for CO to accept or reject College english certificate at first place...........
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Old Apr 8th 2010, 12:21 pm
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Default Re: Spouse English Dilemma

I second Electrifying when you had already given college Certificates as proof of English for your wife then u must wait for CO response ..he\she might have accepted it and you would not have to face this problem...any how best of luck
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Old Apr 8th 2010, 12:32 pm
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Default Re: Spouse English Dilemma

Hi Usman

IELTS Average 4.5 is just one way to prove Functional English and you can insist that DIAC consider your wife's claims that she has an acceptable qualification that was taught completely in English. To insist on you paying the 2nd VAC, DIAC would have to find that your wife's qualification was taught wholly in English. Obviously, knowledge of the low IELTS result will make them wonder how your wife obtained a qualification that was taught completely in English but if you have the proof, they have to accept it.

Regards


Tony
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Old Apr 8th 2010, 12:50 pm
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Default Re: Spouse English Dilemma

@welshtony...Problem is that he had already given the proof but he had also asked CO that he will be giving his wife IELTS (Which is clear cut proof) now after getting low score in IELTS,they are two things negating to each other ...but there is no lose to request DIAC to still accept the College certificates proof for English as his wife is only .5 less in IELTS
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Old Apr 8th 2010, 2:02 pm
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Default Re: Spouse English Dilemma

Originally Posted by fahadkhan389 View Post
@welshtony...Problem is that he had already given the proof but he had also asked CO that he will be giving his wife IELTS (Which is clear cut proof) now after getting low score in IELTS,they are two things negating to each other ...but there is no lose to request DIAC to still accept the College certificates proof for English as his wife is only .5 less in IELTS
Holding a recognised degree from a University that clearly only instructs in English is also clear cut proof. IELTS is one of many ways to meet the legal definition of "Functional English".

If the law says you need to prove A or B, you do not need to prove A and B.

Similar to Competent English - if you hold a British passport and also supply an IELTS score of band 3 instead of at least 6 in each , the IELTS score is irrelevant, you still have competent English according to Migration law.

So DIAC have to still consider whether his wife holds an acceptable qualification, and whether the instruction was only in English. Depending on where and how well known the university is, DIAC may not be convinced that the University did teach all in English - so the failed IELTS could be a consideration in that assessment, but failing the IELTS in itself does not mean the applicant does not have functional English.

Regards

Tony
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Old Apr 12th 2010, 4:40 pm
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Default Re: Spouse English Dilemma

Thanks everyone for your comments.

I think, you are right that DIAC will go for 2nd installment thing.

Should i post a PLE to ask them 'Whether they can accept the letter or not?'

Should i do this?

One more question: This dilemma will delay the processing? I was expecting my visa grant this week, but I think it might take few weeks now. true?


Thanks again for your valuable comments


Regards,

Usman
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Old Apr 12th 2010, 4:48 pm
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Default Re: Spouse English Dilemma

Hi Usman

IF your wife's qualification is an acceptable qualification and it was taught in English, then no 2nd VAC is payable. Maybe DIAC are requesting the overseas post to confirm that your wife's qualification is legitimate AND was taught in English - this would delay the grant of the visa. Send PLE to ask CO to confirm whether the qualification is acceptable for your wife meeting the functional English requirement.

Regards

Tony
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