Successful Administrative Review for Deaf Client

Breytenbachs is glad to report that we recently managed to apply for a successful Administrative review of our deaf client’s Skilled Worker Visa application.

The Skilled Worker Visa rules state that our client had to fulfil the English Language requirement. This tests their ability to read, listen, write and speak English. However, there are no facilities in South Africa to accommodate deaf clients. Our client subsequently failed her English Language test. This was due to it being based on hearing the language as spoken. Her Skilled Worker Visa was subsequently refused on this basis.

Breytenbachs subsequently launched an Administrative review. Our argument was solely that there are no English Language facilities in South Africa to accommodate the deaf/hard-of-hearing community.  

Breytenbachs is glad to report that the refusal was overturned. Our client now holds a UK Skilled Worker Visa! We now have a precedent on which we can assist similar cases in future!

What are the English Language Requirement for Skilled Worker Visa Applications?

Persons applying for a Skilled Worker Visa must fulfil an English Language Requirement.

The English Language requirement requires an applicant on the different immigration routes to prove that they have a specified level of English language ability. These levels come from the Common European Framework of Reference for Languages (CEFR).

How to fulfil the English Language Requirement

Applicants can fulfil the English Language requirement in several ways:

  • You have to pass a test at or above the required Common European Framework of Reference for Languages (CEFR) level with an approved provider; or 
  • You are a national of a majority English-speaking country. Important to note is that South Africa is not considered a majority English-speaking country;
  • Have an academic qualification (Bachelor, Master’s, or PhD) awarded in the UK; or
  • You have a similar academic qualification awarded outside the UK. This qualification is deemed by Ecctis to meet or exceed the UK standard and was taught in English at or above the CEFR level; or
  • You have met the requirement at the required level in a previously successful UK visa application.  However, if your previous visa application had a lower English language requirement, you still must fulfil the applicable English language requirement at a higher level.

As mentioned, many South Africans think that they automatically fulfil the English language requirement as they are from a majority English-speaking country or because their mother tongue is English. Unfortunately, the Home Office does not recognise South Africa as a majority English-speaking country. South Africans thus have to meet the English language requirement in one of the other ways.

We strongly advise that visa applicants who need to sit an English language test speak to a Breytenbachs consultant. This will ensure that they sit the English test at the correct level from an approved provider. The Student Visa, Skilled Worker Visa, Representative of an Overseas Business, Start-up Visa, Innovator Visa all require English language tests at different levels.

Furthermore, it is crucial that you take the test at an approved provider. The Home Office will not accept tests results from providers not endorsed by them.

How Breytenbachs can help you with an Administrative Review

Breytenbachs Immigration Consultants have offices in London, Cape Town, Durban and Pretoria.

If you want to apply for an Administrative review, contact us to assess your circumstances and advise accordingly. Our consultants can assist with all UK immigration matters, visas, permits, including appeals and reviews.

Please contact us today for further information or applications.

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