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UK-Justice
UK-Justice, Barrister
Category: Immigration Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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my wife is turkish we married dec 2005.we was informed by british

Resolved Question:

my wife is turkish we married dec 2005.we was informed by british consulate in izmir when she gets visa a person will come visit us to make sure it not a sham marriage,after that she will be granted a permenant visa to stay.no one came to check on us.just befor her visa was to expire,we contacted visa office and was informed rules have changed she has to have another 2 year visa before she can stay permantly.we got the visa.whenthis visa ran out,we asked for pemanant visa to stay,we was informed that she would have buy another visa to stay another 2 years.my wife aplied from turkey in aug / sept for a resedencey visa and was refused she now has to learn english.i feel this unfair as when we asked before english was not a requirement.i feel my human rights are affected.
Submitted: 4 years ago.
Category: Immigration Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

When were you told about the further 2 years?
Customer: replied 4 years ago.

after the first 2 year vias was running out

Expert:  UK-Justice replied 4 years ago.
So she has been here for 5 years, is that right?
Customer: replied 4 years ago.

6 years.with breaks to visit family.mother and father not in the best of health,and also visit daughter and grandson.every week i send money to support her,because we are married and she is my wife.2 years ago her daughter and grandson came to visit us,and again returned 2 months later with the daughters husband.

Expert:  UK-Justice replied 4 years ago.
There are seven requirements you need to meet before you apply:

= You must be aged 18 or over.
= You must be of sound mind.
= You must intend to continue living in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member, or the service of a company or association established in the UK.
= You must be able to communicate in English, Welsh or Scottish Gaelic to an acceptable degree.
= You must have sufficient knowledge of life in the UK.
= You must be of good character.
= You must meet the residential requirements (see below).

Residential requirements

To demonstrate the residential requirements for naturalisation, you must have:

= been resident in the UK for at least five years (this is known as the residential qualifying period); and
= been present in the UK five years before the date of your application; and
= not spent more than 450 days outside the UK during the five-year period; and
= not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
= not been in breach of the Immigration Rules at any stage during the five-year period.

If you meet this then you can apply.

However it is the requirement at the date of APPLICATION to learn English because the rules have changed.

It is on date of application - so the rules in effect from the date you send it in.

If you disgaree with the language then you could consider taking them to Court for Judicial Review.

This is where the Courts consider the UKBA decision and see if it is legal or reasonable.

The Court can affirm, quash or change the decision.

The Court will see if they have taken into account irrevelant factors or failed to take into account relevant factors.

But you would need a Solicitor to draft a Judicial Review application and present your argument in Court.

But this is something you can do, ask the Court to review the UKBA decision in terms of English language.

I hope this helps.



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Customer: replied 4 years ago.

thankyou for your help and advice can you please email all the information to me please

Expert:  UK-Justice replied 4 years ago.
Yes.

Please remember to give my answer a good rating and I will ask customer services to do this for you.

Thank you.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice and other Immigration Law Specialists are ready to help you
Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice