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Alice H
Alice H, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2847
Experience:  Partner in national law firm.
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I applied for visa extension after receiving a spousal visa

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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
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.
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 3 years 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 3 years 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


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.

Customer: replied 3 years 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

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.

Alice H and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.



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.

Hello Joy

No win no fee is only available for compensation claims.

There are no solicitors as far as I know who will do this for immigration work.

Mainly because whether you win or lose there are Home Office fees to be paid and no solicitor will want to be out of pocket.

But you can speak to the Law Society on 0207 242 1222 to see if they know of any solicitors who will do this work on a no win no fee basis.

Hope this helps.


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