Long Residence Dep FLR(O) instead of FLR(M)

[Amber]

Hi,
I read your couple of topics and its realy nice. 2 weeks ago I received my ILR but 2days back they refused(paragra-E-LTRP.1.2-1.12 AND E-LTRP.2.1: and para-EX.1) my wifes application. Gave appeal rights 10 in days. My lawyer used FLR-o form. And before apply lawyer told ,she don,t need english test. now she can't take test coz home office hold her passport. also layer said I need show 18600 pound job.
My wife she came here 16/12/2006. and we have two kids who were born here.
Could you give me some advice wha t need to do now .Please
az

[Amber]

You lawyer was incorrect to use FLR(O) s(he) should have used FLR(M) which has an English requirement and unless your spouse has transitional protection, also a financial requirement.

You need to raise this issue with your 'lawyer' asking for an appeal and asking the tribunal to consider FLR(M) under the old rules if applicable. Your solicitor may have just cost you 1. lots of money and 2. a significant wait to settlement.

[Amber]

Many thanks for your advice and writings so quickly. I told my lawyer but he don't want to listen and said what he done was right.
Now I am going to another lawyer and doing appeal. Do you think it will gonna solve? How she can do her test without passport? Its not possible, I know.

[Amber]

Has she got no other photo-ID? Does she have a comparable degree which was taught in English?