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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a UK national and have worked overseas for many years

Resolved Question:

I am a UK national and have worked overseas for many years and am now returning to UK. I have been been married for two years and we have a one year old child who has obtained UK nationality. My wife is Japanese and we are now in Japan to apply for a settlement visa and to visit relatives. My wife is fluent in English but when we applied to the Visa agency, they advised she must take the recommended english language test or her application may be rejected. She cannot do this until 9 January and we will then have to wait for two weeks for the visa which means delaying our flight for about a week to 10 days.

My questions are:-

Is the formal language certificate essential or can she have a phone interview. Will the absenceof the certificate guarantee rejection?

Ifwe go back to UK on 16th january as planned, can we continue the application from there?.

thanks
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your questions.

I am afraid that the agency is absolutely correct. As part of the eligibility criteria for your wife application for settlement she must show that she has command of english. The way that she must do this to pass the test you refer to. Please refer to the following united kingdom border agency website for confirmation:
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/english-language/


This is a key part of the criteria for this visa and I'm afraid to say that the united kingdom border agency will reject your wife application if she does not submitted with a test certificate compiling she has passed.

She must submit the application (the test certificate) and have it approved before she travels to the united kingdom. If she simply travel to the united kingdom without submitting application she will be refused entry.

I I'm very sorry that I could not have better news for you. I hope you are able to see that is better for you to reconcile yourself with this position and amend your plans accordingly went to attempt entry only to be rejected.

If this is useful please kindly accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time taken to answer your questions.

Kind regards

Tom
Thomas, Solicitor
Satisfied Customers: 6450
Experience: BA (Hons), PgDip, Practising Solicitor
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