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Mr R had been living with his British wife for nearly 2 years when he asked us to help him apply for settlement in the UK on the basis of his marriage. Another advisor had told him that he was not eligible for settlement but he was adamant that this advice was wrong. Unfortunately we concluded that the previous advice was correct as Mr R had not completed the necessary English test and he didn't now have time to take the test before his permission to be in the country expired. We advised Mr R to apply for further permission to remain in the UK, rather than for settlement .  A settlement application would be refused would be a waste of the UK Border Agency fee, and would mean that Mr R would have to leave the country. We  successfully submitted an application for further leave and explained on his behalf why he was not applying for settlement at this point. This gave Mr R some "breathing space " during which he was able to pass the test . He now has permanent leave to remain here.