The Joint Council for the Welfare of Immigrants (JCWI), which has brought this test case, said the government's inflexibility was "tearing families apart".
The Joint Council for the Welfare of Immigrants (JCWI) said illegal immigrants who had been in the UK for at least two years should be allowed to stay.
The JCWI said Amber and her husband Diego were sharing a single bed in a cramped home in Santiago, where they were unable to find jobs and there was no welfare system.
The Joint Council for the Welfare of Immigrants (JCWI) wants the government to scrap the test - it says that breaking up families is more damaging than some migrants not speaking English.