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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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I want to apply for indefinate leave to stay for my wife, she

Resolved Question:

I want to apply for indefinate leave to stay for my wife, she got entry clearence as my spouse, her visa runs out on the 26/02/2012, since her arrival in the uk we have had a child who is 1 year old now, i was unemployed for 9 months during Dec 2010 and Aug 2011 and claimed benefits in my name only. The problem I have is that my wife has learned very little english, she has found it hard to learn and at the same time she has found it very difficult to live in the UK without her disable son, they had never been apart before and she feels his absence has made it all more dificult to learn and adapt to the UK way of life. Is there any way she can get ILR without passing any english exams, we have made arrangements to travel back to Colombia in April 2012 if she gets her ILR.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  INC replied 2 years ago.
Hi,

Your case is not as simple as it seems and you will need to provide some further details.

What do you mean by her disabled son?

Will you be travelling to Colombia to live?

Have your benefits increased as a result of your wife living with you?

Many thanks,
Customer: replied 2 years ago.

My wife has a 6 year old son from a previous relationship, he is in Colombia and is disable, he suffers from a condition called Procesenphaly, I might have misspelled the word, but he is wheelchair bound, can't talk or walk, needs 24 hr attention. We are travelling to visit her family and see the posibility of bringing the boy back with us, I have a holiday period from my current work in the uk during that time. I am no longer on benefits, I am employed full time, from December 2010 to August 2011 I was on benefits as my employment was terminated in December 2010, since August 2011, I am working again. The benefits I got during the above period was calculated for myself only.

Customer: replied 2 years ago.
Please answer soon, thank you.
Expert:  INC replied 2 years ago.

Hi,

 

Thanks for the additional information.

 

From the details provided above, it would seem that your wife would have to undertake an English Test. Failure to do so will result in her application being refused.

 

Your wife could claim exceptional circumstances, however, this usually relates to the individual and thus any circumstances must relate to your wife in particular and not a 3rd party, i.e. her son.

 

If she is unable to do the English test, the only alternative is to submit an application and request that the UKBA exercise discretion when processing the application.

 

I hope this answers your question. If so, kindly click accept.

 

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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