Desperate help needed on english language test.

[nigelkembrey]

My brazilian partner is trying ( for 2 years ) to get a visa to be with me and our 2 british sons. We finally met income requirement by me selling house last february and renting, and now I qualify.
At least I thought I did , my lawyer decided to inform me at last minute we failed english language test.
My partner has taken both PTE and IELTS and passed IELTS to level B1 in listening and speaking , and Pearson to A1 in those categories.
My lawyer is saying me must now pass all 4 parts to B1, but home office website still says as follows In the test, you will need to demonstrate a basic command of English (speaking and listening) at level A1 of the CEFR. This is a basic level, which is judged to require 40 to 50 hours' tuition for most learners. Someone assessed at level A1 can understand and use simple, everyday expressions and very basic phrases. You will not need to demonstrate your reading and writing skills. my lawyer insists the rules have changed and sent me this link http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf yet in some tests it still rfers to only listening and speaking so I think she is wrong.
Can somebody please advise urgently, as my partner has a tourist visa and it is running out tomorrow and we need to know this.

[Casa]

Your solicitor is wrong. The higher level isn't required for a pre-entry spouse visa. If your legal advisor is confused over a very basic issue then I'd suggest you may want to seek help elsewhere before you submit your application.
Do bear in mind however that your partner can't switch to a spouse visa from a visitor visa. They will have to apply from their home country.
You've used the term 'partner'. Under what category are you intending to submit an application? Unmarried partner? If so, are you sure you qualify as having lived together in a relatioship 'akin to marriage' for a minimum of 2 years and have the documented evidence to support this?
I've moved your post to the correct forum.

[nigelkembrey]

Your solicitor is wrong. The higher level isn't required for a pre-entry spouse visa. If your legal advisor is confused over a very basic issue then I'd suggest you may want to seek help elsewhere before you submit your application.
Do bear in mind however that your partner can't switch to a spouse visa from a visitor visa. They will have to apply from their home country.
You've used the term 'partner'. Under what category are you intending to submit an application? Unmarried partner? If so, are you sure you qualify as having lived together in a relatioship 'akin to marriage' for a minimum of 2 years and have the documented evidence to support this?
I've moved your post to the correct forum.

My solicitor has just apologised. The consequences of that bad advice were that we fled to holland to try Surinder singh. Now I have to get her back to do the visa route via Brazil. My next step will be how to sue solicitors for all the pain anguish and money this has cost me.

[Casa]

Are they OISC registered Immigration Advisors or Solicitors registered with the Law Society?
Regarding the category of visa...are you applying as unmarried partners?

[Amber]

If the advisor was a solicitor and you are not happy with the service make a complaint in writing, depending on the response, take the complaint to the Legal Ombudsman Service (click)

Casa, the OP has been trying the EEA route here.

[Casa]

Thanks Amber...since my post I've trawled through the previous thread.
I haven't seen any reference as to how much time the couple have spent apart in the most recent period in their relationship....which may be a concern when applying for a UPV.