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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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my mother has been refused for indefinite leave to remain in

Resolved Question:

my mother has been refused for indefinite leave to remain in uk as my dad spouse. we have sent a letter from our doctor saying my mother has learning disorder and can not do esol or ife in the uk test and immigration office did not accept it. should i be appealing this decision or apply for extension and what are the chances of success. If i appeal this decision and get refused can i apply for extension and what areher chances please.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  INC replied 4 years ago.

Hi,

 

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.

 

Customer: replied 4 years ago.
what happens if her appeal is dismissed.can she apply for extension to try to get esol qualification after and what are the chances
Expert:  INC replied 4 years ago.

Hi,

 

If her Appeal is dismissed, she will have to submit a fresh application once she has undertaken the ESOL Course.

 

Customer: replied 4 years ago.

Dear sir,

 

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.

 

yours sincerely

Expert:  INC replied 4 years ago.

Hi,

 

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.

 

Kind regards,

Customer: replied 4 years ago.
can she not make fresh application from here if her appeal is refused for indefinite or for extension or does she have to go backhome eventhough her whole immediate family is british
Expert:  INC replied 4 years ago.

Hi,

 

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.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

INC, Solicitor-Advocate
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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