Toeic Letter and home office detention centre

seeker333 wrote:Hello guys,
I need some advise on my visa situation.
I am on tier 4 general with leave to remain until later this year. However my college licence was cancelled last year and i got a letter from home office to curtail my leave stating 322B as i used toeic to extend my tier 4 visa. (Deception due to proxy test) There is no right of appeal given.
I am in a durable relationship with my polish partner from past two years. We have joint bank account for about a year now and we have been living together for two years and have tenancy agreement on our names from january 2013.
Can you pls advise how do i need to prepare for my visa application. And what are the chances of me to get eea2 visa.
Many thanks

what do you mean how do you have to prepare for your visa application? in your case go to a solicitor, a proper solicitor who knows what he/she is doing because these days everyone thinks they are immigration lawyers.
an immigration lawyer will help you in your case. but as per the deportation order, i think best for you would be to go to poland and apply for residency there. once you have polish nationality then you may be fine. but under the current situation, it will be very hard because if you do not leave, they will start looking for you.

if you are lucky enough to be on the move then you will have troubles extending, you will end up paying a lottt of money which could be saved if you go to your home country or somehow to poland to get things sorted.

Thank you for your reply.

By preparing for my visa application i meant i want to apply for eea2 visa as i(non eea) am in relationship with my eea partner.

We are unable to move anywhere else as he works here in uk.
I intend to apply for visa on the basis of our relationship but i am worried about the letter i have just recieved from home office as mentioned in my first post. (322b)

Look forward to read from you guys. Any replies are greatly appreciated.

Thanks.

aaliya1986 wrote:

seeker333 wrote:Hello guys,
I need some advise on my visa situation.
I am on tier 4 general with leave to remain until later this year. However my college licence was cancelled last year and i got a letter from home office to curtail my leave stating 322B as i used toeic to extend my tier 4 visa. (Deception due to proxy test) There is no right of appeal given.
I am in a durable relationship with my polish partner from past two years. We have joint bank account for about a year now and we have been living together for two years and have tenancy agreement on our names from january 2013.
Can you pls advise how do i need to prepare for my visa application. And what are the chances of me to get eea2 visa.
Many thanks

what do you mean how do you have to prepare for your visa application? in your case go to a solicitor, a proper solicitor who knows what he/she is doing because these days everyone thinks they are immigration lawyers.
an immigration lawyer will help you in your case. but as per the deportation order, i think best for you would be to go to poland and apply for residency there. once you have polish nationality then you may be fine. but under the current situation, it will be very hard because if you do not leave, they will start looking for you.

if you are lucky enough to be on the move then you will have troubles extending, you will end up paying a lottt of money which could be saved if you go to your home country or somehow to poland to get things sorted.

Thank you ever so much for your Reply K4 and Mole.

According to 32B applicable who is submitted the application for spouse visa extension . But I applied for settlement ( Set (M) form)


Which law will be applicable to me then dear ?

INSHAA ALLAH i won't be arrested cause i have no criminal history in UK. I have family life here. I donate my blood regularly to NSH and pay money to charity . I do work full time and pay all of my taxes


Thank you

K4 wrote:

Xam wrote:

Frontier Mole wrote:Good luck with finding a lucky EEA national and make sure the deal is paid for at the wedding because there is a very good chance you will meet the lovely Immigration Enforcement team just as the music stops....
He can't afford to buy a bride if he has only got £1500

What about British Citizen?
If someone already under spouse visa of a British Citizen and applied for ILR with new B1 English Test. But He has TOEIC and IELTS in past?


Thank you in advance

hi Xam

https://www.gov.uk/government/uploads/s ... _final.pdf

read section 32B for you answer. British or Settled spouse may be futile, as their convention rights may well outweigh their alleged ETS crime.

Well a person applying under Durable Relationship could still get refused, as Residence card under the Durable relationship provision is not automatic. It is subject to discretion by the national authority. Thinks like deception may be considered, although an application will not be refused for the simple reason that deception was used in a previous application.

Other feature of a case will be considered.

The ECHR, does not give rise to an automatic right to reside in a contracting state, although there are positive obligation conferred by the convention.

The UK may still remove the family member of a British Citizen, who have used deception. It will involve a proportionality balance, and the extent of the breach.

There was a Norwegian case, where the guy had wife and children, but had used deception, since his entry to Norway.

The court ruled that it was proportionate given the scale of the breach for him to be removed.


Therefore it is not black and white.

Obie wrote:Well a person applying under Durable Relationship could still get refused, as Residence card under the Durable relationship provision is not automatic. It is subject to discretion by the national authority. Thinks like deception may be considered, although an application will not be refused for the simple reason that deception was used in a previous application.

Other feature of a case will be considered.

The ECHR, does not give rise to an automatic right to reside in a contracting state, although there are positive obligation conferred by the convention.

The UK may still remove the family member of a British Citizen, who have used deception. It will involve a proportionality balance, and the extent of the breach.

There was a Norwegian case, where the guy had wife and children, but had used deception, since his entry to Norway.

The court ruled that it was proportionate given the scale of the breach for him to be removed.




Therefore it is not black and white.

Thank you So much Obie . I got your point of view

Is this totally depends on ECO ?


My question is :-

With Appendix Fm Spouse of a British Citizen or a settled person still get discount ?

Paragraph 32(B)
Sub (b):-
''Information that the test certificate or result awarded to the applicant has been withdrawn by the test provider for any reason,
the decision-maker may discount the document and the applicant must provide a new test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.''


And Paragraph 32 (D) :


32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision- maker may accept that certificate or result as valid if it is:
(a) from a provider which is no longer approved,

(i) the applicant has had continuous leave (disregarding any period of overstaying of no more than 28 days) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix.

Hello mr Obie
please kindly help advice on my case , i have oral hearing coming in 2 weeks, i was using lawyer since the beginning of my case , but now my solicitor requested for £1000 for the barrister to defend me in court but i could not afford that as i am unemployed and my EEA wife couldn't afford the payment too, i just wanna know if it makes sense to go to court with my wife to defend ourselves, or is there any significance about using a barrister
though my solicitor prepared the bundle and copied both HO and the court. Pls kindly advice me on this.
Thanks

as long as you know what you are asking and what you are saying you will be fine.

if you case is very complex and you think you will not be able to defend it then you might want to take the barrister but in my opinion you only take them when you do not understand anything about your case or etc.

£1000 pound for the barrister is quite a lot of money to pay for few hours. highest paid job maybe.

DEAR WHALE

IT IS VERY IMPORTANT TO HAVE A BARRISTER AS THEY ARE VERY EXPERIENCED IN PULLING THE RIGHT LAWS TO FAVOUR YOU.....I HAVE ALSO SENT YOU A PRIATE MESSAGE REGARDING THIS PLEASE CHECK

hi
please sign the following petition for the Toeic

https://www.change.org/p/home-office-uk ... themselves