How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2040
Experience:  I am a qualified solicitor and an expert in UK law.
Type Your UK Immigration Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

RA - CE

Customer Question

My wife came here on a 2 year settlement visa in August 2006. Because she left school at 11 and comes from a poor farming background, she was never able to learn english and so in 2008 and 2010 she applied for FLR (M). In 2007 she attended the basic ESOL class, but I had to stay with her as she couldn't understand or respond to what the teacher was saying. That affected her confidence badly, but last year she attended another basic ESOL class and was much better. Unfortunately the class closed due to lack of funding. She started a one on one teaching with an ESOL teacher but found that too tough and I have tried to teach her english myself, but she finds it very difficult at 54 years of age. I started to fill out the current FLR (M) form when I noticed that they have changed the immigration rules. I wasn't aware that she has to pass an A1 english test now for FLR. I have contact several of the UKBA chosen exam centers but they nearly all had cancelled the June exams due to lack of demand. My wife's current visa expires on June 9th this year and we won't have time to provide an A1 pass certificate. We have been to the CAB, but they couldn't really help and we are really worried that after nearly 6 years living together here, she will be deported. I contacted the Home Office about my concerns but the lady I spoke with was far from sympathetic. My wife has worked hard since coming here, pays her own taxes and N.I and is well liked by all who know her. She pays her way and isn't a burden on anyone, she is distraught. Is there anything we can do in such a short space of time?, we have to send off our FLR application minus the exam pass any day now.
Thank You.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.
Hi thank you for your question. I'm sorry to hear about your situation. Under the immigration rules your wife should have applied for indefinite leave to remain after two years of her spouse visa. It seems your first option is to Submit an out of time application for further leave to remain, ukba allow your application to be no more than 28 days out of time. Your other option would be to obtain an esol test certificate and then apply for indefinite leave to remain. In your application you need to inform the ukba why you are applying out of time. You do not need to worry about your wife being deported ,however she will be an overstayer and may be stopped by immigration officers if caught. I'm sorry if this is not what you wanted to hear but the immigration rules have become very strict regarding the esol and English A1 level examinations.I hope this answers your question if so kindly click ACCEPT, if you do not I will not get credited for my time. Kind regards,
Customer: replied 2 years ago.
Hi, I am quite confused, I was under the impression that my wife couldn't apply for indefinite leave to remain before as her english was not sufficient, even to pass a ESOl test. At this time she would still most likely fail an ESOL test (I'm not even sure what ESOL test she would need to take?).
I am not sure she would pass an A1 exam now.
Having said that, it seems there are no options available to her if she cannot pass the most basic of tests?.


Expert:  UK_Lawyer replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience