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Alex Hughes
Alex Hughes, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2434
Experience:  Partner in national law firm with 25 years legal experience
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I applied for visa extension after receiving a spousal visa

Resolved Question:

I applied for visa extension after receiving a spousal visa in Nigeria(British High commission) and accepted an IELTS test with a band score of 5.0 made up as follows.
Listening 3.5
Reading 4.0
Speaking6.5
Writing 5.0
I came to the UK January 2012, married to my husband on 1/03/12 who is British, submitted documentation June 2012(one month before my visa was due to expire) I have just received 08/03/13 a refusal notice stating the IELTS does not now meet the requirements. I have 10 days to submit appeal the UKBA have not reuurned my Passport or Marriage licence, I cannot in the time frame to appeal resit the test.
The UKBA suggests for me to carry on with my married life that my Husband should risk his life in a volitile country as Nigeria where kidnapping is high risk to foreign nationals.
Surly I/we have some human rights under article 8 and 12 to live together in my husbands country of abode.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Alex Hughes replied 1 year ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

Please clarify: what do you mean by your husband risking his life in Nigeria?
Customer: replied 1 year ago.


Yes

Expert:  Alex Hughes replied 1 year ago.
But what do you mean by husband risking his life in Nigeria.

I don't understand.


Where did you take your test?
Customer: replied 1 year ago.

I took the test at the British Council approved test centre in Lagos.


Nigeria being a volitile country with ongoing kidnappings of Expatriates for ransome and shootings many British expats where recently shot, the British Government have a policy of no payment for ransome

Expert:  Alex Hughes replied 1 year ago.
OK.

Thanks for the additional information. I still don't understand what you mean by your husband risking his life in Nigeria if he is living in the UK but I think that is a side issue.

As far as your position is concerned you can certainly appeal the decision made by UKBA on the grounds that refusal would affect you and your husbands right to private and family life. It may take some time to appeal this decision and I suggest that whilst waiting you arrange to re-take the test at a local centre and make a fresh application.

My view is that you should instruct an good immigration solicitor to help you submit representations for your appeal. If you let me know which area you live I will send you details of firms who could help you with this.

Alex
Customer: replied 1 year ago.

Alex The UKBA suggest if we want to maintain our married life if I am deportrd or fail on appeal my husband should more from his home of Birth and move to Nigeria.


I cannot apply to resit the test as the UKBA hold my passport, if I apply for return of the passport they will give me 3 days to leave the UK.


Also it states in the refusal no additional documents will be accepted after the appeal process has started.


 


My location of residence is Lowestoft Suffolk

Expert:  Alex Hughes replied 1 year ago.
Thanks for the additional information.

Your husband does not have to leave the UK.

Obviously if you have to leave he has to decide if he wishes to join you. But he has the right to live in the UK.

Your only options are to accept the refusal or appeal.

To help with an appeal you should instruct a solicitor.

I suggest you consider Levenes 0208(NNN) NNN-NNNNor Wilsons 0208(NNN) NNN-NNNN Both are based in North London but very good for this kind of work.

I know this is not an ideal situation but your options are limited.

Please remember to rate my answer and I will be happy to discuss further.

Alex
Alex Hughes, Solicitor Advocate
Satisfied Customers: 2434
Experience: Partner in national law firm with 25 years legal experience
Alex Hughes and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Alex


 


Do you know of any solicitors that work on a no win no fee basis. We have spent a fortune fighting the UKBA over the recent years and money is at a premium.


Thanks for your answers as you say not an ideal solution.

Expert:  Alex Hughes replied 1 year ago.
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Alex Hughes
Alex Hughes
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Partner in national law firm with 25 years legal experience