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Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Hi Awan Further to my last question and answer session with

Resolved Question:

Hi Awan

Further to my last question and answer session with you I sent a letter to my doctor after having seen her with my wife at a doctors appointment and following a request by my doctor to ask her for her letter in writing.

My letter stated:
Dear Doctor,

Josefa Telma Do Nascimento De Araujo - 15 Sugar Mill Square, Salford, M5 5EB

Thank you for seeing my wife again today to help her with her mental health problems.

I have been told by your colleagues over the phone that if I need a letter from you regarding my wife’s mental health problems I have to put my request in writing.

My wife has to apply for an extension to her visa before 5 May 2012 and under new rules has to pass an English language test in order to obtain one. If she doesn’t pass this test or is not deemed exempt on the grounds of her medical condition her application for a visa will be refused and she will not be able to remain in the country, after living with me and our 2 young children as my wife in the UK legally for the last 7 years.

I have tried to encourage my wife to study the English language and recently attempted to get her to take the English language test to obtain the visa but 3 days before the test the enormous distress it was causing her, because of her phobias, anxiety and depression, caused her to repeatedly vomit, panic and suffer from continual diarrhoea and headaches. It is quite clear to me she has long term mental health problems that prevents her from studying for or taking any form of English language test.

I would be most grateful if you could provide us with a letter addressed to:
UK Border Agency
Leave to Remain - FLR(M)
PO Box 495
DH99 1WR
detailing your professional opinion on my wife’s medical condition.

The Border Agency state that we must submit a doctor’s letter to show that my wife’s condition specifically prevents her from studying for or taking an English language test.

Thank you for your kind assistance.

Yours faithfully,

I got our doctors response today:

Re:Telma Araujo , D.O.B 28/06/1973

Apartment 513 Jefferson Place,XXXXX, City Centre , Manchester , M4 4BL

This is to confirm that the above named lady has been registered with this practise since January 2011.

She lives with her husband and 2 young children, and is from brazil She can speak Portugese.

She recently had a consulation with me along along with her husband and sister who were translating.

She has suffered from anxiety with depression and phobia for a long time for which i have started her on

citalopram 20mg and referred her to mental health for review.

She states her social phobia stops her from going out and interacting with people.

Due to her depression and social phobia she feels unable to attend for English lessons and study for her visa exam

I hope you find this information useful.

What is likely to be the response from the UK Border Agency if I apply for a 2 extention for leave to remain visa for my wife on this basis without her taking an english language test. If the answer is they will reject the application what would you advise are my next steps and if this includes making an apeal how do I appeal?

Thank you

Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 4 years ago.

Awan-Legal : Hi
Awan-Legal : Thanks for requesting me again.
Awan-Legal : The letter does not specifically state that her long term medical condition prevents her from learning English. Would he be willing to add that he has assessed her and given her long term condition etc he concludes that this will prevent her from learning English?
Awan-Legal : If not, the letter does imply this so hopefully the ukba will accept this but that decision is up to them.
Awan-Legal : As stated before, you would still be able to appeal on human rights grounds especially because you have been married for 7 years and she has two children of the family in the uk.

how does one appeal please?

Awan-Legal : Hi, sorry I have just seen this. If it was to be refused, you would be given an appeal form IAFT1 together with the refusal for you to complete, send grounds of appeal (a written statement setting out your reasons against the refusal I.e human rights) and pay a fee of £140 appeal fees to the court. If it were to be refused, it would be wise to enlist the help of a solicitor to appeal on your behalf as this would be a complex human rights appeal.
Awan-Legal : I hope that helps. Please kindly click accept and good luck.
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