Immigrationboards.com

Hi,
I came to UK during Jan 2010,
Switched to Spouse Visa during Sep 2013
During year 2016 Spouse visa extension refused due to Homeoffice accusing me of using proxy for TOIEC (English Test) at somepoint of my immigration history.
I never used proxy and categorically refused to accept this accusation, however for that visa category (Spouse Visa extension) things didn't go in my favour and was refused in appeal as well stating to be committing deception by using proxy for TOIEC (English test for visa).
Anyway circumstances changed during this tiring process, I had my my daughter and also had an adopted son of about 2 years of age during year 2017 (who was nephew of my wife too, that child parents marriage was broken, child is half English from mother side and child was neglected hence via Council social worker team, we fostered and then adopted that 2 years old child as my son), While my previous Spouse visa extension appeal was gone for appeal to upper tribunal, I made another FLR (FP) under exceptional circumstances, this was refused, however was successful in First Tier Tribunal and I was granted visa in year 2018 for this FLR (FP) 10 year route one.
Now I have been in UK for over 10 years and got 2 options,
1. Either go for ILR via Long term 10 year residence route
Or
2. Get current FLR (FP) 10 year route , extension.
I am bit worried if I take ILR via 10 year route then will they again bring up that TOIEC issue ???
Or should I go for a safer option to just get my present FLR (FP) extended. If I take this FLR (FP) extension route, can you please advise what documents I need to submit along, also are there any course I need to do for this extension or not?
Please guide me , which option is better for me from above given two routes.
Looking forward to hearing from you soon. Thanks

Regards,
Sultan

goto page 7 infect read all this Good for you..

https://assets.publishing.service.gov.u ... 4.0ext.pdf

instruction for ILR applications

Applications for indefinite leave to remain (ILR) made under long residence

Confirmed use of an invalid certificate should not be raised as a reason for refusal with reference to the General Grounds for Refusal (GGFR). GGFR in circumstances where a grant of leave to remain has previously been made in spite of the ETS TOEIC issue, unless any new information has come to light since the previous grant of leave.

Applications made on the basis of Article 8

You must follow the case working instructions Family and Private Life Guidance. The use of the invalid Test of English for International Communications (TOEIC) certificate in a previous application will be a relevant consideration with respect to S- LTR.2.2. However, as noted in the written ministerial statement that is not a mandatory ground to refuse an application and it must be balanced against all relevant aspects of the application.

refer to above policy you should go though good lawyer not the one who has no knowledge about anything just money making machines. also read the rep. yourself when they will submit along with your application.

Good Luck

Many Thanks , Happdays11.
So based on your above shared information, Should I go for ILR via Long residence (10 years) route with confidence?
I am still skeptical about these two options, I mentioned in my post earlier...

Kind Regards,
Sultan

this is just guidance u should goto good lawyer who has knowledge of such cases, they normally see your immigration history and represent your case accordingly.

If you were accused of deception in the last 10 years, then ILR will certainly be refused.

1. Was the TOEIC fraudulent?
2. Did you admit that you got it fraudulently?

The various JRs appear to be concerned with deception resulting from using a suspected TOEIC certificate.

as she mentioned above

I never used proxy and categorically refused to accept this accusation

Applications for indefinite leave to remain (ILR) made under long residence
Confirmed use of an invalid certificate should not be raised as a reason for refusal
with reference to the General Grounds for Refusal (GGFR). GGFR in circumstances
where a grant of leave to remain has previously been made in spite of the ETS
TOEIC issue, unless any new information has come to light since the previous grant
of leave.

https://assets.publishing.service.gov.u ... 4.0ext.pdf