Applied for Family Visit but refused under V4.2(a) and (c)

Question

This is the 3rd time I submit my application. My husband is a British citizen and I am only 7th passed so I am not able to clear IELTS exam for settlement. This time I just want to visit London and spend some time with my husband for 4 weeks only. But they refused. I will clear my exam and going to apply for settlement but before that I want to go for family visit.

The decision:
I have refused your Application for a visit visa because I am not satisfied that you meet the requirements of paragraph(s) V4.2 of Appendix V: Immigration Rules for Visitor because:

You have applied for a visa to visit your husband, a British Citizen, in the UK for 4 Weeks, I note you were previously refused visit visas on 30 September 2016 and 29 August 2016 and have now reapplied for a third time, I note that in the first of these application you stated that you would visit for 4 months but changed this to 4 weeks in your 2 subsequent application. I note you have not explained why the length of your visit changed.

You have stated that you are unemployed and financially supported by your husband. You have stated that it is your intention to apply for settlement in the UK, You have however failed to pass the required IELTS level of English examination on several occasions, You have stated that you now intend a family visit of 4 weeks and that you will re-attempt the examination at a lated date before applying for settlement. I note you have been talking English lessons since 2012.

Given the above i am not satisfied that you are genuinely seeking entry as a visitor and that you will leave the UK at the end of your visit. Your application is refused under paragraph V4.2(a) and (c).

Answer 1

You have been refused three times in the last three months, it's called 'serial refusals' and it signals that a change of strategy is in order.

The refusal notice indicates that you appear to be having difficulty in meeting the requirements of Appendix FM (i.e., to qualify as a spouse) so you would circumvent this by using the visitor programme and then go underground once you are in the UK (Appendix V 4.2 (a)+(c)).

The government has it in mind that people without proficiency in English have difficulty interacting with society and hence have difficulty in finding work and hence end up on welfare and hence the British public has become disturbingly annoyed. Advocacy groups have challenged the Appendix FM in the courts, in particular the English language hurdle, and they have uniformly lost. They don't even bring cases any more.

What has your husband been doing about this? Has he visited you in (I assume, a South Asian locale, likely India) to maintain family relations? Is he getting you in to the proper English language schools? It looks like he has never tried sponsoring you for a spousal. It's real clear he has not provided you with the sort of legal counsel you need, why not?

It doesn't cut any ice to assure them that you will return home after your visit, and assurances like that make for a particularly weak application anyway. Why should you return home?

NOTE: you do not have to answer these in a protracted comment thread. They are rhetorical questions that would go down in the decision-makers mind as demonstrating some sort of authenticity.

The bottom line is that it's time to stop making fresh applications every month and consider a longer-term strategy like meeting the language requirement and any other hurdles that Appendix FM presents. Without some incredibly heavy legal expertise you are done with the visitor programme for quite some time.