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UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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It appears my wife didnt have the english language certificate

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It appears my wife didn't have the english language certificate requirement. In the original FLR M we sent a certificate that surpasses the level required , but it wasn't on the list on the UKBA website.

I'm having her take the UKBA approved A1 test tomorrow to aid our appeal. Would the appeal court accept or consider the new certificate and do I have grounds to argue that she is competent in the english language ie. she has passed an upper intermediate english test already and she is a front of house sales assistant in central London and uses English everyday as part of her job?
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

The court at appeal will look at what documentation was presented to the immigration judge at the appeal. Strictly speaking no new evidence should be considered by the judge simply because that same evidence was not submitted as part of the application.

What you can argue is as you have stated that although the test taken was not from an approved institution it can still be used as an indication of where your wife is in respect of her English. In addition as she has now passed the test it just supports your point that she is competent In English.

I believe that yes your argument does has weight, but unfortunately it can sometimes depend on what judge you get as well and how difficult they want to be. However on the whole taking in to account what you have stated I believe that your appeal does have a good chance of success.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
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