Obstacle of English Language Test

[susem]

Help! My husband's visa expires in July and he has to take an English exam beforehand. The problem is that his English is very poor. He spends all day looking after our one year old and has little possibility to attend a course or even study at home. If he were to be denied an extension to stay because of his lack of English I would have to stop work (due to childcare costs) and start claiming benefits. Is this a 'good' enough reason for him to be allowed to stay or does logic not apply in this type of case?

[Lucapooka]

Let's begin by asking what is his current visa type and what is your current immigration status; as nothing can be suggested until those facts are revealed.

[susem]

He has been in the UK on a 2 year spouse visa. I'm a UK national

[Lucapooka]

Okay, thanks. Without taking a qualifying test (and there are many types) or an exemption on health grounds, he can´t apply for an additional period of leave to remain within the rules. He obviously can't apply for settlement as the KOL is even harder than the basic tests required for an additional period of FLR.

I think the only option is to apply for a grant of discretionary leave outside the rules based on his family life. This, however, will begin a period of leave that then takes six years to become eligible for ILR. Take advice from an immigration professional on the scope of your options.

[susem]

Thanks for the advice - this is a whole new (and complicated, to put it mildly) world for me! I'll speak to an immigration lawyer asap.

[Mr Rusty]

Before you start shelling out for professional immigration advice (a lot more expensive than childcare), you should take a seriously objective look at your situation.

There is very little chance that your husband is entitled to an exemption under the Rules relating to the English test, so as LukaPooka suggests you have to fall back on the uncertainty of a Discretionary Leave or Human Rights claim. If the application is refused and you have to go to appeal, you're looking at spending serious money.

So are your working hours so extensive that he can't attend evening classes somewhere? Does he lack the intelligence and self-discipline to follow an online or home tuition course? The test at 'A1' level speaking and listening only is not very difficult and he would still have time to get himself up to speed and take a test before he applies in July. The Immigration Rules were not framed to benefit those who can't be bothered.

Some English schools estimate that 40hrs tuition for a complete beginner is sufficient to reach the ability to pass the A1 test. Your husband isn't a complete beginner. There's quite a lot of info on the internet about the test - I just select this as a sample, but if you search around you can find plenty more:-

http://www.mrelts.org/files/A1-A2.pdf

May I suggest that you hold back from shelling out on legal fees for the moment and during the next couple of months make a real effort to get him up to speed, and take the test. If he really can't pass, then your fallback position is that already suggested. If he's never taken a test, it's not very credible to apply for discretionary leave without having tried. One word of warning, some schools who are licensed by one of the 5 test providers authorised by UKBA say you can't take a test without attending one of their courses. If your husband manages to learn at home, just shop around for a test provider who doesn't insist on this.

And if he passes and gets another 2 years FLR, start straight away swatting up for the KOL test so that he can apply for ILR. Again, there's plenty of tuition material available.