Toeic Letter and home office detention centre

Hello everyone,

I need your help with regards to my cousin.
In 2012 he applied for extension and home office issued a visa to him. When he first arrived in in UK he done ielts and when his extension was due ielts got expired and he couldn't get date for ielts and for that reason he booked himself for Toeic test and he appeared himself in college for test but what the college people done he doesn't know.
Now the situation is home office issue him letter and accusing him for deception and asked him to leave the country and if not come to sign in detention center.

My question is if he goes there will they keep him there and send him back.
How can he get appeal right because home office saying if hea leaves the country and he can excersised his appeal right.
Can he put pre action protocol and he will be able to get appeal right or he should put JR directly.

Thank you very much in advance,

Best Regards

did he sent toiec certificate to home office

If he had just appeared in the toeic and did not submit it then it would be different case.
my first question is that did he send them certificate with his visa application

ka55555 wrote:If he had just appeared in the toeic and did not submit it then it would be different case.
my first question is that did he send them certificate with his visa application

Yes he did send the Toeic Certificate

Hello atif..could u please help me. I extended my visa last year with TOEIC and its expiring now this October. I didn't receive the letter yet. Will they send me the letter or not because I m left with 2 months on my visa now?

In the end of this month I am planning to apply as my husbands dependent, my husband is on work permit. M I be able to apply as a dependent then. Or will the create problem ?

lexmark legal wrote:I have received witness statements of Home Office officials in relation to the similar matter.

What ETS has done:

They have run the voice identification software where they have taken all the voice files from 2011(this is when they received the tender from Home Office) and have checked them against each other.

And where the system has flagged the voices identical to other voice, they have cancelled the scores of the students by saying that proxies were used to pass the exams.

These matters are still in court and we await for the response.

If you also have been refused by the Home Office, please feel free to contact me, and I would be able to help.

Atif Jamal
Lexmark Legal Associates
0208 090 2488

Thank you very much for your reply,

What will happen when my cousin will go to sign will they keep him there and deport him straightway or nt??

We sending Pre action protocol ourselves today and i will also contact with you.,

Regards

Raj86guy wrote:Hello atif..could u please help me. I extended my visa last year with TOEIC and its expiring now this October. I didn't receive the letter yet. Will they send me the letter or not because I m left with 2 months on my visa now?

In the end of this month I am planning to apply as my husbands dependent, my husband is on work permit. M I be able to apply as a dependent then. Or will the create problem ?

Did you get the same letter stating leave the country.

Regards

No I didn't receive it yet..but expecting it as everyone is getting, they can send me as well.

WHAT ABOUT THE PEOPLE WHO GOT THE VISA BASED ON TOEIC A YEAR AGO ARE THEY GETTING THE LETTER AS WELL FROM HOME OFFICE OR PEOPLE WHO APPLIED RECENTLY GETTING THE REFUSAL LETTER

hi hassan5805
Dont understand ur Question..........
Did you mean that visa is already been issued and now they are sending him letter after giving visa to go back home country ?

Yes. It's true.

HO have basically isolated all the cases (where visa is granted/pending/refused) in which TOEIC was used to gain points for English proficiency. So, if you have used TOEIC in the past, you may end up in trouble anytime. It comes under organized crime.

londonboi12 wrote:hi hassan5805
Dont understand ur Question..........
Did you mean that visa is already been issued and now they are sending him letter after giving visa to go back home country ?

Yes he is got the visa one and half year ago and he still got valid visa and now home office send him letter and curtailed his visa without appeal right.

Anyways we have send the pre action protocol and will send the JR before he goes to sign,.

Regards

sam82 wrote:WHAT ABOUT THE PEOPLE WHO GOT THE VISA BASED ON TOEIC A YEAR AGO ARE THEY GETTING THE LETTER AS WELL FROM HOME OFFICE OR PEOPLE WHO APPLIED RECENTLY GETTING THE REFUSAL LETTER

Yes whoever got the visa using toeic will be in trouble doesnt matter how much his visa left or not,.

There is no exceptions.

Regards

There are different circumstances for TOEIC users depending of how / where & when they got their certificates.
Not all users will be curtailed and asked to leave. Where there is evidence of wholesale abuse at certain test centres there is a possibility that all certificates are suspect and therefore liable to be treated as false. Those are the likely individuals who will have their visas curtailed under deception and have no right of appeal.

It's simple. You can only get away with it if you have given it yourself. UKVI are only running voice sampling analysis on Speaking Module. If you take them to court, they will play your voice which TOEIC will give them

BlackBirdSSG wrote:It's simple. You can only get away with it if you have given it yourself. UKVI are only running voice sampling analysis on Speaking Module. If you take them to court, they will play your voice which TOEIC will give them

In the letter they have stated that speaking test have been given by the anomaly..
What kind of anomaly they talking about we dont know.
Other thing is my cousin saying college people were corrupt and they were not allowing any of us take part in test.
Well its college fault not students.
Home office need to take decision wisely instead ruining someone career.

Regards

hassan5805 wrote:

BlackBirdSSG wrote:It's simple. You can only get away with it if you have given it yourself. UKVI are only running voice sampling analysis on Speaking Module. If you take them to court, they will play your voice which TOEIC will give them

In the letter they have stated that speaking test have been given by the anomaly..
What kind of anomaly they talking about we dont know.
Other thing is my cousin saying college people were corrupt and they were not allowing any of us take part in test.
Well its college fault not students.
Home office need to take decision wisely instead ruining someone career.

Regards

'Anomaly' issue is raise when there is report of any suspicion. If you want to know what kind of anomaly, you can either talk to ETS or take HO to court and then ask HO to produce evidence.

Regarding your second issue, your argument seem to be invalid because you should have reported that incident the moment you witnessed it. Have you reported it anywhere? Were you coerced into doing this?

So, if you haven't/weren't, then you sure as hell were using it for visa extension purposes only. It would be difficult to prove your innocence in court .... or your friend's.

BlackBirdSSG wrote:

hassan5805 wrote:

BlackBirdSSG wrote:It's simple. You can only get away with it if you have given it yourself. UKVI are only running voice sampling analysis on Speaking Module. If you take them to court, they will play your voice which TOEIC will give them

In the letter they have stated that speaking test have been given by the anomaly..
What kind of anomaly they talking about we dont know.
Other thing is my cousin saying college people were corrupt and they were not allowing any of us take part in test.
Well its college fault not students.
Home office need to take decision wisely instead ruining someone career.

Regards

'Anomaly' issue is raise when there is report of any suspicion. If you want to know what kind of anomaly, you can either talk to ETS or take HO to court and then ask HO to produce evidence.

Regarding your second issue, your argument seem to be invalid because you should have reported that incident the moment you witnessed it. Have you reported it anywhere? Were you coerced into doing this?

So, if you haven't/weren't, then you sure as hell were using it for visa extension purposes only. It would be difficult to prove your innocence in court .... or your friend's.

Thank you very much for your reply,
It is my cousin case not mine..
Well how can we take home office in court.
We have got mitigation that my cousin done his ielts and he got the same score which he got in ETS. He also booked another test and hope fully this time he will get over 6.5 last time he got 5.5
You dont know what these college done to students and they have ruined their lifes for no reason.
I think home office should have check those colleges carefully before giving them Tier 4 sponsor.

Is it the only option to put JR or you have any other suggestions??

Best Regards

No matter what approach you take by your cousins admission he did not take the test. If you go to court they will play the digital recording of the test and it will not be your cousins voice. That is an insurmountable problem. Your cousin knowingly submitted a test result that was falsely obtained and therefore has used deception to gain or attempt to gain his visa.
Regardless of what SELT results he can put forward now it will not overcome the use of deception

Some have already tried this defence and it has been rejected out of hand. There are JR's pending and once one gets to a hearing if that ever happens then there will be reliable precedent for all the similar claims. Ido not see the courts supporting any such cases as the evidence is so strong against those who have been identified.

A JR will not prevent the removal of your cousin if he is arrested by UKVI due to the use of deception.

Frontier Mole wrote:No matter what approach you take by your cousins admission he did not take the test. If you go to court they will play the digital recording of the test and it will not be your cousins voice. That is an insurmountable problem. Your cousin knowingly submitted a test result that was falsely obtained and therefore has used deception to gain or attempt to gain his visa.
Regardless of what SELT results he can put forward now it will not overcome the use of deception

Some have already tried this defence and it has been rejected out of hand. There are JR's pending and once one gets to a hearing if that ever happens then there will be reliable precedent for all the similar claims. Ido not see the courts supporting any such cases as the evidence is so strong against those who have been identified.

A JR will not prevent the removal of your cousin if he is arrested by UKVI due to the use of deception.

Well they send him letter and stated he got to attend one of the detention centre.. It means if he goes there they will captured him and deport and it doesnt matter if he launch the JR.. I cant believe pending JR and they still going to deport him.. This is against the justice he should be given chance to prove himself innocent.
Regards

Frontier Mole wrote:No matter what approach you take by your cousins admission he did not take the test. If you go to court they will play the digital recording of the test and it will not be your cousins voice. That is an insurmountable problem. Your cousin knowingly submitted a test result that was falsely obtained and therefore has used deception to gain or attempt to gain his visa.
Regardless of what SELT results he can put forward now it will not overcome the use of deception

Some have already tried this defence and it has been rejected out of hand. There are JR's pending and once one gets to a hearing if that ever happens then there will be reliable precedent for all the similar claims. Ido not see the courts supporting any such cases as the evidence is so strong against those who have been identified.

A JR will not prevent the removal of your cousin if he is arrested by UKVI due to the use of deception.

Other option is if he move out his home and put Asylum..

The issue for your cousin is that he is not innocent. He participated in the deception, knowingly and willingly.
So even given the opportunity to defend himself it will result in the same outcome.

Yeh I had a friend that was captured by the ukvi for this toeic problem they took her in on a wed and deported her the following thurs. Ukvi are really clamping down on this test now. If u used toeic for ur cas then u will be investigated even if u have other selt test it doesnt matter its what u used to get visa.

As for the suggestion to run away and hide. It is an option but once you get caught there will be no returning to the UK You will be registered as an absconder and pursued by every form of law enforcement in the UK. Your NINO gets cancelled, your driving licence is revoked, you go on the police computer watch list and if you try to use the NHS they get to know about it. It is just a matter of time before you get arrested.
Claiming asylum - yip do that as that is as good as walking onto the plane. You will go for your interview and straight into detention. Fast track asylum claim while sat in a cell and on the plane after a couple of miserable weeks in detention.

only way he can get away is getting married wid an EEA national .....ECHR Article 8 can assist