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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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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: 4 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 4 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 4 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 4 years ago.
Hi. Your wife needs to pass an esol test to apply for indefinite leave please see following link: http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/knowledge-language-life/demonstrating/#
I would suggest that she submits an application for flr and state in the application that there is further documentation to follow and then submits the a1 English certificate thereafter.
For indefinite leave to remain an esol test is mandatory and she will need to pass it to apply for indefinite leave to remain. As mentioned before the ukba are very strict in respect of the English certificate and esol test.
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,

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