Naturalisation refused (Toeic)

London20 · Post by **London20** » Thu Jan 21, 2016 4:59 pm

Hi All,

Could anybody please help me with good suggestion regarding my naturalisation refused.
I have applied for my naturalisation on 27/5/2014, I have been in UK as a overseas student since 2002. During extension of my student visa in March 2012 my application was supported by TOEIC , ESOL and IELTS(speaking 7.5)
I also used those certificates for my ILR application in 2012. My naturalisation was supported only by ESOL because TOEIC, IELTS got expired after 2 years.

I received correspondence from the Home Office on 12.01.2016.stating that ETS has a record of our speaking test.Yours scores from the test have now been cancelled by ETS.On the basis of the information provided to her by ETS,the SSHD is satisfied that your certificate was fraundulently obtained.
As such, the Home Secretary deems I do not meet the good character requirement for naturalisation and you application is refuse.

I really wonder and worried that they haven't given me appeal this time instead they gave me reconsideration form.

Anybody please let me know valuable advice and suggestion to overcome from my queries below
1)Are they going to revoke my ILR?

noajthan · Post by **noajthan** » Thu Jan 21, 2016 6:19 pm

London20 wrote:Hi All,

Could anybody please help me with good suggestion regarding my naturalisation refused.

..

I received correspondence from the Home Office on 12.01.2016.stating that ETS has a record of our speaking test. Yours scores from the test have now been cancelled by ETS. On the basis of the information provided to her by ETS, the SSHD is satisfied that your certificate was fraundulently obtained.
As such, the Home Secretary deems I do not meet the good character requirement for naturalisation and you application is refuse.

I really wonder and worried that they haven't given me appeal this time instead they gave me reconsideration form.

Anybody please let me know valuable advice and suggestion to overcome from my queries below
1)Are they going to revoke my ILR?

There are no appeal rights for the privilege of citizenship.

ILR can be revoked due to deception.
Noone can really say whether that may happen in your case.

You can dig into this matter in HO guidance, here:
https://www.gov.uk/government/uploads/s ... ctober.pdf

London20 · Post by **London20** » Thu Jan 21, 2016 11:48 pm

noajthan wrote:
London20 wrote:Hi All,

Could anybody please help me with good suggestion regarding my naturalisation refused.

..

I received correspondence from the Home Office on 12.01.2016.stating that ETS has a record of our speaking test. Yours scores from the test have now been cancelled by ETS. On the basis of the information provided to her by ETS, the SSHD is satisfied that your certificate was fraundulently obtained.
As such, the Home Secretary deems I do not meet the good character requirement for naturalisation and you application is refuse.

I really wonder and worried that they haven't given me appeal this time instead they gave me reconsideration form.

Anybody please let me know valuable advice and suggestion to overcome from my queries below
1)Are they going to revoke my ILR?
There are no appeal rights for the privilege of citizenship.

ILR can be revoked due to deception.
Noone can really say whether that may happen in your case.

You can dig into this matter in HO guidance, here:
https://www.gov.uk/government/uploads/s ... ctober.pdf

In this case if they revoke my ILR will i get appeal rights?Thanks

noajthan · Post by **noajthan** » Sat Jan 23, 2016 4:59 pm

London20 wrote:In this case if they revoke my ILR will i get appeal rights?Thanks

ILR doc (link posted above) should explain that kind of detail.

tier1o · Post by **tier1o** » Fri Jan 29, 2016 5:18 pm

London20 wrote: I have been in UK as a overseas student since 2002. During extension of my student visa in March 2012 my application was supported by TOEIC , ESOL and IELTS(speaking 7.5)

I don't understand the fact, that you were student from 2002 - 2012 (10 years) and still using TOEIC/ ETS or IELTS.. why not a UK degree?

Is there any ban period? I think in such cases you would need to wait 10 years to apply for naturalisation.

t123456789 · Post by **t123456789** » Fri Jan 29, 2016 6:13 pm

Well, the HO is sure the certificate is fraudulent, so there will be at least at 10 year ban.

Yes, they can revoke your IRL for deception.

palaremzi · Post by **palaremzi** » Sun Jan 31, 2016 10:18 pm

If the HO is convinced that the document is fraudulent, then you have to wait 10 years before reapplying. The reconsideration form is a mere check if the initial case worker has done things properly; it's not an appeal form.

I am surprised, I must say, that you have been in the country as a student since 2002 and did not submit a UK degree to satisfy the language requirement.

Even though they may come after your ILR, I don't think this will happen because, from the wording of the letter the case worker thinks the certificate was fraudulently obtained but is not sure of this.

On the basis of the information provided to her by ETS,the SSHD is satisfied that your certificate was fraudulently obtained.
Note the caveat: "On the basis of the information"

Since naturalisation is a privilege, she can deny your application based on such suspicion. But ILR is a right; to revoke it the HO must be able to prove with certainty (typically in court, because you'll sue them and the case will go to court) that you committed fraud. In your case the wording tells me that they are suspicious but not sure, so I don't think they will come after you.

ouflak1 · Post by **ouflak1** » Mon Feb 01, 2016 1:43 pm

palaremzi wrote: But ILR is a right;

Careful. ILR is not a 'right'. You can apply, and you have the right to be judged against the rules in place fairly as to whether it will be granted. But there is no right to ILR. The UK is one of a surprisingly few (~60) countries that even offer such a thing, and they could end the practice tomorrow if they liked.

That said, I agree with your assessment. I don't think they will go through the pain of trying to take away ILR, especially if the OP would have qualified for it by other means anyway (such as long residence). For that, they'd have to really dig and make a case that could stand up to judicial scrutiny.

avjones · Post by **avjones** » Mon Feb 01, 2016 10:07 pm

The Home Office can and does revoke ILR on that information received by ETS. I've dealt with lots of ETS cases, and that same wording is used to refuse / revoke in most of the cases. They then usually don't bother to serve that much extra evidence before the hearing.

But the fact that they *can* do it and *sometimes* do it doesn't mean they will do it in any particular case.

Abdul6230 · Post by **Abdul6230** » Wed Feb 03, 2016 11:49 pm

Hi there ' I m sure u be ok. Revoking ILR is not that easy. They need solid evidence to revoke ILR.
Please keep posting ur situation. Thanks

Casa · Post by **Casa** » Thu Feb 04, 2016 9:18 am

If they have a voice recording taken during the test which is generally the basis of the accusation, the HO may feel that they have solid evidence. Only the OP will know if this can be contested.

avjones · Post by **avjones** » Thu Feb 04, 2016 11:02 am

Abdul6230 wrote:Hi there ' I m sure u be ok. Revoking ILR is not that easy. They need solid evidence to revoke ILR.
Please keep posting ur situation. Thanks

<wince>

You simply can't say that! You don't know whether they will or not.

I only deal with the cases where they do revoke it, so I don't know in how many cases they don't bother. But there are lots of revocations.

Jerrybend · Post by **Jerrybend** » Fri Feb 05, 2016 7:49 pm

London20 wrote:Hi All,

Could anybody please help me with good suggestion regarding my naturalisation refused.
I have applied for my naturalisation on 27/5/2014, I have been in UK as a overseas student since 2002. During extension of my student visa in March 2012 my application was supported by TOEIC , ESOL and IELTS(speaking 7.5)
I also used those certificates for my ILR application in 2012. My naturalisation was supported only by ESOL because TOEIC, IELTS got expired after 2 years.

I received correspondence from the Home Office on 12.01.2016.stating that ETS has a record of our speaking test.Yours scores from the test have now been cancelled by ETS.On the basis of the information provided to her by ETS,the SSHD is satisfied that your certificate was fraundulently obtained.
As such, the Home Secretary deems I do not meet the good character requirement for naturalisation and you application is refuse.

I really wonder and worried that they haven't given me appeal this time instead they gave me reconsideration form.

Anybody please let me know valuable advice and suggestion to overcome from my queries below
1)Are they going to revoke my ILR?

Any news?

London20 · Post by **London20** » Fri Feb 05, 2016 8:00 pm

Jerrybend wrote:
London20 wrote:Hi All,

Could anybody please help me with good suggestion regarding my naturalisation refused.
I have applied for my naturalisation on 27/5/2014, I have been in UK as a overseas student since 2002. During extension of my student visa in March 2012 my application was supported by TOEIC , ESOL and IELTS(speaking 7.5)
I also used those certificates for my ILR application in 2012. My naturalisation was supported only by ESOL because TOEIC, IELTS got expired after 2 years.

I received correspondence from the Home Office on 12.01.2016.stating that ETS has a record of our speaking test.Yours scores from the test have now been cancelled by ETS.On the basis of the information provided to her by ETS,the SSHD is satisfied that your certificate was fraundulently obtained.
As such, the Home Secretary deems I do not meet the good character requirement for naturalisation and you application is refuse.

I really wonder and worried that they haven't given me appeal this time instead they gave me reconsideration form.

Anybody please let me know valuable advice and suggestion to overcome from my queries below
1)Are they going to revoke my ILR?
Any news?

Not yet.

Jerrybend · Post by **Jerrybend** » Fri Feb 05, 2016 8:48 pm

London20 wrote:
Jerrybend wrote:
London20 wrote:Hi All,

Could anybody please help me with good suggestion regarding my naturalisation refused.
I have applied for my naturalisation on 27/5/2014, I have been in UK as a overseas student since 2002. During extension of my student visa in March 2012 my application was supported by TOEIC , ESOL and IELTS(speaking 7.5)
I also used those certificates for my ILR application in 2012. My naturalisation was supported only by ESOL because TOEIC, IELTS got expired after 2 years.

I received correspondence from the Home Office on 12.01.2016.stating that ETS has a record of our speaking test.Yours scores from the test have now been cancelled by ETS.On the basis of the information provided to her by ETS,the SSHD is satisfied that your certificate was fraundulently obtained.
As such, the Home Secretary deems I do not meet the good character requirement for naturalisation and you application is refuse.

I really wonder and worried that they haven't given me appeal this time instead they gave me reconsideration form.

Anybody please let me know valuable advice and suggestion to overcome from my queries below
1)Are they going to revoke my ILR?
Any news?
Not yet.

I found this site just after taking out interview at Liverpool.they did ask me some questions about the test. Do not know what is going to happen....

London20 · Post by **London20** » Fri Feb 05, 2016 10:29 pm

Jerrybend wrote:
London20 wrote:Hi All,

Could anybody please help me with good suggestion regarding my naturalisation refused.
I have applied for my naturalisation on 27/5/2014, I have been in UK as a overseas student since 2002. During extension of my student visa in March 2012 my application was supported by TOEIC , ESOL and IELTS(speaking 7.5)
I also used those certificates for my ILR application in 2012. My naturalisation was supported only by ESOL because TOEIC, IELTS got expired after 2 years.

I received correspondence from the Home Office on 12.01.2016.stating that ETS has a record of our speaking test.Yours scores from the test have now been cancelled by ETS.On the basis of the information provided to her by ETS,the SSHD is satisfied that your certificate was fraundulently obtained.
As such, the Home Secretary deems I do not meet the good character requirement for naturalisation and you application is refuse.

I really wonder and worried that they haven't given me appeal this time instead they gave me reconsideration form.

Anybody please let me know valuable advice and suggestion to overcome from my queries below
1)Are they going to revoke my ILR?
Any news?

if you app for ILR you going to be ok,but not sure for natiralisation.do not apply.be happy with ILR.

Jerrybend · Post by **Jerrybend** » Sat Feb 06, 2016 7:25 am

I did apply for naturalisation>.<

Jerrybend · Post by **Jerrybend** » Sat Feb 06, 2016 11:13 am

avjones wrote:
Abdul6230 wrote:Hi there ' I m sure u be ok. Revoking ILR is not that easy. They need solid evidence to revoke ILR.
Please keep posting ur situation. Thanks

<wince>

You simply can't say that! You don't know whether they will or not.

I only deal with the cases where they do revoke it, so I don't know in how many cases they don't bother. But there are lots of revocations.

When you deal with it,any chance to keep the Ilr?

London20 · Post by **London20** » Sat Feb 06, 2016 4:33 pm

Jerrybend wrote:I did apply for naturalisation>.<

can you give us bit more details about your immigration history please.thanks

avjones · Post by **avjones** » Sat Feb 06, 2016 7:34 pm

Jerrybend wrote:
avjones wrote:
Abdul6230 wrote:Hi there ' I m sure u be ok. Revoking ILR is not that easy. They need solid evidence to revoke ILR.
Please keep posting ur situation. Thanks

<wince>

You simply can't say that! You don't know whether they will or not.

I only deal with the cases where they do revoke it, so I don't know in how many cases they don't bother. But there are lots of revocations.
When you deal with it,any chance to keep the Ilr?

It depends completely on the facts of the particular cases.

The Home Office allege fraud, the Appellant demands the Home Office proves it (their assertion, they must prove).

Jerrybend · Post by **Jerrybend** » Fri Feb 19, 2016 10:15 am

London20 wrote:
Jerrybend wrote:I did apply for naturalisation>.<
can you give us bit more details about your immigration history please.thanks

Could anybody please help me with good suggestion regarding my naturalisation refused.
I have applied for my naturalisation on 27/07/2014, I have been in UK as a overseas student since 2002. During extension of my student visa in April 2012 my application was supported by TOEIC ,
I also used those certificates for my ILR application in 2012. My naturalisation was supported only by Trinity college London because TOEIC got expired after 2 years.

I received correspondence from the Home Office on 1402.2016.stating that ETS has a record of our speaking test.Yours scores from the test have now been cancelled by ETS.On the basis of the information provided to her by ETS,the SSHD is satisfied that your certificate was fraundulently obtained.
As such, the Home Secretary deems I do not meet the good character requirement for naturalisation and you application is refuse.

avjones · Post by **avjones** » Fri Feb 19, 2016 10:17 am

Has your ILR been revoked as well?

fabercastel · Post by **fabercastel** » Thu Mar 03, 2016 6:55 pm

Any further updates on this issue ?

London20 · Post by **London20** » Tue Apr 26, 2016 10:22 pm

fabercastel wrote:Any further updates on this issue ?

still waiting...

Ncold360 · Post by **Ncold360** » Mon Nov 27, 2017 1:06 am

What is the update on this buddy ?

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