Spouse Entry Clearance: Find out how we got an English language test certificate recognised after a decision to refuse entry had already been made, ensuring a spouse visa was issued without further objection.
A is a British citizen who married a Moroccan women he met on holiday. He made an entry clearance application for her to join him for settlement in the U.K. A has a number of serious medical conditions and is in receipt of higher-level disability living allowance. Having heard the immigration rules require his wife to demonstrate competence in the English language, A enrolled her onto a language course at a local school. The Entry Clearance Officer refused the application on the grounds that the English language certificate was not from an approved provider. By the time the appeal was heard in the Tribunal, A's Moroccan wife had enrolled onto an approved college and obtained an English language test certificate. At the appeal we were able to successfully argue the British citizen sponsor's rights under Article 8 of the ECHR (right to family and private life) had not been considered in the decision to refuse. The Immigration Judge remitted the case back to the Entry Clearance Office with the directions that it considers the new English language certificate despite it being post-decision evidence. A's wife was granted her spouse visa without further objections.