Thanks for your question.
If you have been given Leave to Appeal, I would strongly suggest that you appeal. If the reason your mother has not been able to undertake an ESOL course is due to a learning disorder, this should have been considered by the Home Office.
You should sub,it the appeal and also state that by removing your mother from the UK would be an infringement of her Article 8 Rights if the Human Rights Act 1998.
If her Appeal is dismissed, she will have to submit a fresh application once she has undertaken the ESOL Course.
My question was that if her appeal does not go in her favour she has not got the right to stay in the country because her visa has run out. She has already been in this country for over 2 years as my dads spouse and indefinite leave to remain has been refused. If my mother appeals it and gets refused what is her other option and can she apply for extension to stay with her husband and then study esol and what are her chances for success for extension application to study for esol.
If her appeal is refused, she will have to return to her home country and submit a fresh application or she will have to appeal the decision of the Asylum & Immigration Tribunal at the High Court.
If you wish to discuss, please feel free to ask further questions.
She may be able to appeal to the High Court, if this is notthe case, her only alternative would be to return home and submit a fresh application from there.
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