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Vineet S
Vineet S,
Category: Immigration Law
Satisfied Customers: 4083
Experience:  Freelance Solicitor at Self Employed
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Hy i came here on a spouse visa in 2016, after 2.5yrs and i

Customer Question

Hy i came here on a spouse visa in 2016, after 2.5yrs and i was renewing thw visa i mistakenly did the A1 english instead of A2. So they changed my visa to the 10yr route. I wanted to know if i can get a judicial review. Do i even have a case? Or is it over with? Because i feel like the decision was unfair because i reached all the other requirements and it isnt like i dont know english so can you help me with this? Thank you
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: i
JA: Have you talked to a lawyer about the family visa?
Customer: i live in the UK and yes i have spoken to a lawyer but they havent helped. I also contacted my local mp and i did the A2 english but the home office refused to consider my case
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no that is it. I just want to know if judicial review is possible now or any way to reduce the 10yr route?
Submitted: 14 days ago.
Category: Immigration Law
Expert:  Vineet S replied 14 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today. Please note, Just Answer is an information sharing platform in a Q/A format and does not provide legal representation in any form and as such no legal lawyer/client relationship is formed.

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I will go through your question and will get back to you with my answer shortly.

Expert:  Vineet S replied 14 days ago.

Hi there,

You were switched to 10 years route as you failed to meet the English requirement for extension.

10 years route is discretionary one where some of the visa requirements are not bein met.

However, if now you have fulfilled the English requirement by passing A2 test then your route can be switched to 5 years as a person with leave to remain as a spouse under 10 years route can switch into spouse visa 5 years route at any time during the validity of leave to remain under the spouse visa (10 years route).

However you need to know  that if you do switch to the 5 year route from the 10 year route, any time spent on the 10 year route cannot be carried forward/will not count towards your qualifying period for Indefinite Leave to Remain (ILR) on the 5 year route.

Expert:  Vineet S replied 14 days ago.

So, your 5 years clock for ILR will re-start again when you get switched to 5 years partner route.

Expert:  Vineet S replied 14 days ago.

I trust this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 14 days ago.
If i apply for the five year route now there wont be any point because i have 5 more years to go so it is basically the same thing. Can i get a judicial review now or has my time passed?
Expert:  Vineet S replied 14 days ago.

Well, you can not apply for judicial review now for the visa decision you received in 2018-19

Customer: replied 14 days ago.
Ok thank you.
Expert:  Vineet S replied 14 days ago.

Most welcome. Best wishes.