Victims of ETS Scam

Scottmcall · Post by **Scottmcall** » Sat Feb 17, 2018 11:10 am

Like I said you can beat them now as they have accused you for something u haven’t done
they wasted your time, and tax payer’s money too make sure your barrister ask for the compensation amount during hearing in his closing statements. As you are entitled to. And don’t worry about the visa probably hearing won’t happen if they don’t have any proof they will cancel the hearing before date and will send your Biometric card. As in their bundle they will find nothing to accuse u infront of the judge. If I were you, i would b planing holidays by now.

Scottmcall · Post by **Scottmcall** » Sat Feb 17, 2018 4:41 pm

Hello guys Just a general question for all.

I am sure their have been cases where people were accused for a deception and they were granted ILR.
so in this case toeic deception in past will be the same issue.

But is there any one active users who was in such situations and now granted with a visa??

scott

elaineyorke · Post by **elaineyorke** » Sat Mar 10, 2018 11:55 am

Hello friends
@yasir527 waitingindefinitely Scott anabat

Hope everyone is doing well.
We got our appeal hearing date it's next month 17th in upper tribunal. .

Scottmcall · Post by **Scottmcall** » Sat Mar 10, 2018 1:33 pm

Hey Elaine

Good luck Inshallah things will b oky just focus on that day, think of any questions that could b asked in the court room.
If u have any questions we are always here to help

Scott

elaineyorke · Post by **elaineyorke** » Sat Mar 10, 2018 1:38 pm

Thank you
We already won court case in ftt it's in upper tribunal bcz home office got permission so court not asking any further evidence.

Scottmcall · Post by **Scottmcall** » Sat Mar 10, 2018 5:39 pm

Hi Elaine,

That’s great sorry I forgot you won at FFt, wondering if they aske for any new evidence.
You know what you have already won half the battle so don’t worry. Allah always listen to our prayers.

Scott

elaineyorke · Post by **elaineyorke** » Sat Mar 10, 2018 10:57 pm

The court letter we receive today it's saying no one can send any further evidence which was not provided in ftt unless court will ask specifically for any evidence. So don't know will they let us know if HO asked for further evidence to submit in court.
Regards
Elaine

anabat22 · Post by **anabat22** » Mon Mar 12, 2018 5:23 pm

Scottmcall wrote: ↑
Sat Feb 10, 2018 6:57 pm
Hi Ana. No he said it normally takes him 2-3 weeks time to readout the bundles we the decision will be sent to me within 3 weeks.
It was positive. I hope he allows the appeal.
Was ur allowed in FFT??

Scott

Hi Scott, have you heard the decision from ftt? time is up now.. wish you good luck

anabat22 · Post by **anabat22** » Mon Mar 12, 2018 5:36 pm

Hi All

The Home Secretary has decided to withdraw her appeal to the Supreme Court in Ahsan & others [2017] EWCA Civ 2009: lead ETS/TOEIC JRs, where the Court of Appeal held that “an out-of-country appeal would not satisfy the Appellants’ rights ... to a fair and effective procedure ...”‬ dated 27/02/2018

Elaine, based on above outcome it is very likely in the UT judge will consider and agree with the ftt decision.I'm very positive in your case and as you said you had provided all the evidence in the ftt so don't worry if you have received a letter from the court by saying new evidence will not consider.

another update is: Home office will issue new guidance end of this week how the toeic victims will be treated? My solicitor said, HO might ask to take the speaking test again for all toeic victim.

Please keep praying for each other.... be positive

Regards
Ana

yasir527 · Post by **yasir527** » Mon Mar 12, 2018 6:42 pm

elaineyorke wrote: ↑
Sat Mar 10, 2018 10:57 pm
The court letter we receive today it's saying no one can send any further evidence which was not provided in ftt unless court will ask specifically for any evidence. So don't know will they let us know if HO asked for further evidence to submit in court.
Regards
Elaine

Hi all fine still waiting for reply which ho apply for permission its been wuite while now but hopefully its will refused.
You just need to wait until decsion come beacuse its understood that ho cannot give more evidence they only need to argue one solo point where ftt judge did error of law .
So hope fully in 95% cases its not they got permission onlg because ut wana hear their vice is well so finger crossed and wish you good luck u been in this saga foe
So long wait i hink its finish completly next week.

waitingindefinitely · Post by **waitingindefinitely** » Thu Mar 15, 2018 10:35 am

Hello everyone

@elaineyorke Hi Elaine Don't worry you'll ace Upper Tribunal , The judge will see that home office are hassling you for no reason , They can't take this any further , Just remain confident you haven't done anything wrong home office are just trying to make you leave the country before u can apply for ILR

Regarding my own situation now

5 weeks since my husband submitted his passport at Islambad VAC and we still haven't heard anything back , There is no way of contacting or emailing them for an update . It may be the last step but it's so hard waiting and then the end of the week coming and there is no news

(

GeetL · Post by **GeetL** » Mon Mar 19, 2018 1:40 pm

Hi all,

I came across this post after my husband's extension to FLR (M) was refused last week. We had all the documents and were 99% positive that the visa would be issued on a one day service. We waited all day after my husband was interviewed at midday. They asked him one question - did you do the TOIEC test and he answered no (because he didn't); they were unable to ask further questions related to this as he didn't do such a test. He did the IELTS as a student but for the spouse visa he has initially done the A1 test and for the extension the A2at Trinity. We were refused his extension on that basis. I am shocked as we meet all the criteria.

We have been given the right to appeal now. Does anyone know how long this process can take and what the steps are?

They said they have a recording and checked that is a proxy test taker. We have never heard of the college they referred to (colwell college) so I don't understand the refusal. They cancelled the test results which we don't care about as whenever took it anyway and doesn't have any documentation for it. The pair of us are devastated with it and can't quite come to terms with the fact that his extension has been refused on a test he never did and neither was it used as a form of documentation for the application.

Welcome your experience and knowledge on this issue.

Thanks

Geet

yasir527 · Post by **yasir527** » Mon Mar 19, 2018 2:47 pm

Hi its takes years n yeras to proof that yours husband is innocent.
Nearly im gona complete 2 yeras since i refused my ilr due to toiec which i never used in any og my application won ftt ho went to ut and now again wait game start.
You have to strong and belive in urs self as its not a easy because very long process which u justbstarted ppl here are waiting since 3 years is well.
2nd collwel college leicester is in criminal investigation list which really hard to proff by yours husband when n where he took the test.

Scottmcall · Post by **Scottmcall** » Wed Mar 21, 2018 10:35 pm

GeetL wrote: ↑
Mon Mar 19, 2018 1:40 pm
Hi all,

I came across this post after my husband's extension to FLR (M) was refused last week. We had all the documents and were 99% positive that the visa would be issued on a one day service. We waited all day after my husband was interviewed at midday. They asked him one question - did you do the TOIEC test and he answered no (because he didn't); they were unable to ask further questions related to this as he didn't do such a test. He did the IELTS as a student but for the spouse visa he has initially done the A1 test and for the extension the A2at Trinity. We were refused his extension on that basis. I am shocked as we meet all the criteria.

We have been given the right to appeal now. Does anyone know how long this process can take and what the steps are?

They said they have a recording and checked that is a proxy test taker. We have never heard of the college they referred to (colwell college) so I don't understand the refusal. They cancelled the test results which we don't care about as whenever took it anyway and doesn't have any documentation for it. The pair of us are devastated with it and can't quite come to terms with the fact that his extension has been refused on a test he never did and neither was it used as a form of documentation for the application.

Welcome your experience and knowledge on this issue.

Thanks

Geet

Hi Geet its shocking basically when he hasn't used any toeic then there is no basis for refusal.
no way on earth they can beat this one, but there have been cases such as yours, where home office give nothing in court no evidence whats so ever and the judge clears allegations.HO person can even talk in front of judge, you have to wait for FFT hearing basically, thats it, yours won't take years but around 6-8 months for to give you a date and around 15 months to face First Tribunal.

Good Luck

Scottmcall · Post by **Scottmcall** » Wed Mar 21, 2018 10:55 pm

yasir527 wrote: ↑
Mon Mar 12, 2018 6:42 pm

elaineyorke wrote: ↑
Sat Mar 10, 2018 10:57 pm
The court letter we receive today it's saying no one can send any further evidence which was not provided in ftt unless court will ask specifically for any evidence. So don't know will they let us know if HO asked for further evidence to submit in court.
Regards
Elaine
Hi all fine still waiting for reply which ho apply for permission its been wuite while now but hopefully its will refused.
You just need to wait until decsion come beacuse its understood that ho cannot give more evidence they only need to argue one solo point where ftt judge did error of law .
So hope fully in 95% cases its not they got permission onlg because ut wana hear their vice is well so finger crossed and wish you good luck u been in this saga foe
So long wait i hink its finish completly next week.

Hi Yasir, Elaineyorke, waitingindefinitely whats up guys hope you all doing great.

Home office don't have any voice recording for the batch 2012 2011, later dates they have, they have only one generic evidence which is so called a Spreadsheet provided by the dodgy ETS. their terms and conditions were "your data is private and confidential will be safe with ETS and no one will have access to it, HO closed the portal for the UK, and took over the ETS website and all the confidential data. its like a sherlockhomes series.
once a cases opens they tell the owner of the house get out we are conducting some investigations, when no one is apprehended for this.
this is also told that HO evidence is upto no Good, but they are doing their best tactics to deport any Asian person from this soil,
about this new thing you said i never heard about it, Home office staff are the worst people to come across, they don't let go anything easily they are the most ugly people on the planet.

Scott

Scottmcall · Post by **Scottmcall** » Wed Mar 21, 2018 11:07 pm

anabat22 wrote: ↑
Mon Mar 12, 2018 5:36 pm
Hi All

The Home Secretary has decided to withdraw her appeal to the Supreme Court in Ahsan & others [2017] EWCA Civ 2009: lead ETS/TOEIC JRs, where the Court of Appeal held that “an out-of-country appeal would not satisfy the Appellants’ rights ... to a fair and effective procedure ...”‬ dated 27/02/2018

Elaine, based on above outcome it is very likely in the UT judge will consider and agree with the ftt decision.I'm very positive in your case and as you said you had provided all the evidence in the ftt so don't worry if you have received a letter from the court by saying new evidence will not consider.

another update is: Home office will issue new guidance end of this week how the toeic victims will be treated? My solicitor said, HO might ask to take the speaking test again for all toeic victim.

Please keep praying for each other.... be positive

Regards
Ana

Hi Ana

Oh Don't be silly they won't do such thing they know every victim speaks like xxxxxxx, by Now.
but about the new Guidance would that affect all victim, or some as you know they have categorised the victims,

Inshallah Good thing will happens

Scott

GeetL · Post by **GeetL** » Fri Mar 23, 2018 3:51 pm

Scottmcall wrote: ↑
Wed Mar 21, 2018 10:35 pm

GeetL wrote: ↑
Mon Mar 19, 2018 1:40 pm
Hi all,

I came across this post after my husband's extension to FLR (M) was refused last week. We had all the documents and were 99% positive that the visa would be issued on a one day service. We waited all day after my husband was interviewed at midday. They asked him one question - did you do the TOIEC test and he answered no (because he didn't); they were unable to ask further questions related to this as he didn't do such a test. He did the IELTS as a student but for the spouse visa he has initially done the A1 test and for the extension the A2at Trinity. We were refused his extension on that basis. I am shocked as we meet all the criteria.

We have been given the right to appeal now. Does anyone know how long this process can take and what the steps are?

They said they have a recording and checked that is a proxy test taker. We have never heard of the college they referred to (colwell college) so I don't understand the refusal. They cancelled the test results which we don't care about as whenever took it anyway and doesn't have any documentation for it. The pair of us are devastated with it and can't quite come to terms with the fact that his extension has been refused on a test he never did and neither was it used as a form of documentation for the application.

Welcome your experience and knowledge on this issue.

Thanks

Geet
Hi Geet its shocking basically when he hasn't used any toeic then there is no basis for refusal.
no way on earth they can beat this one, but there have been cases such as yours, where home office give nothing in court no evidence whats so ever and the judge clears allegations.HO person can even talk in front of judge, you have to wait for FFT hearing basically, thats it, yours won't take years but around 6-8 months for to give you a date and around 15 months to face First Tribunal.

Good Luck

Hi Scott and Yasir,

Thanks for your responses. Wow 15 months?! That feels like a lifetime when you are a victim heh?!

I keep reading about new guidance about the TOEIC test; does anyone have any information on that?

I'm trying to remain hopeful!

Dontjoke001 · Post by **Dontjoke001** » Sat Mar 24, 2018 1:48 pm

Dear members,
Me and my eu partner moving to UK with eea family permit which issued from another eu country valid for 5 years. I want to apply uk RC under eea route after that. But i have toeic JR lost in past due to dodgy lawyer scam. So will it affect on my new application in uk when i got eu residence card as family member of eu citizen???? Looking genuine advice from professionals and members please. Guide me plz

Scottmcall · Post by **Scottmcall** » Sat Mar 24, 2018 2:32 pm

Dontjoke001 wrote: ↑
Sat Mar 24, 2018 1:48 pm
Dear members,
Me and my eu partner moving to UK with eea family permit which issued from another eu country valid for 5 years. I want to apply uk RC under eea route after that. But i have toeic JR lost in past due to dodgy lawyer scam. So will it affect on my new application in uk when i got eu residence card as family member of eu citizen???? Looking genuine advice from professionals and members please. Guide me plz

Dear DJ001

As for as I understand every decision given by high court has a right of appeal. But there is a window for it if that window closes you will have to explain in your application for permission to the court why you couldn’t apply on time.

I am not a professional, but any professional advisor wouldn’t be giving advise for free.you have to consult atleast a good barrister or expert immigrition advisor.

Good luck
Scott

Dontjoke001 · Post by **Dontjoke001** » Sat Mar 24, 2018 2:47 pm

Scottmcall wrote: ↑
Sat Mar 24, 2018 2:32 pm

Dontjoke001 wrote: ↑
Sat Mar 24, 2018 1:48 pm
Dear members,
Me and my eu partner moving to UK with eea family permit which issued from another eu country valid for 5 years. I want to apply uk RC under eea route after that. But i have toeic JR lost in past due to dodgy lawyer scam. So will it affect on my new application in uk when i got eu residence card as family member of eu citizen???? Looking genuine advice from professionals and members please. Guide me plz
Dear DJ001

As for as I understand every decision given by high court has a right of appeal. But there is a window for it if that window closes you will have to explain in your application for permission to the court why you couldn’t apply on time.

I am not a professional, but any professional advisor wouldn’t be giving advise for free.you have to consult atleast a good barrister or expert immigrition advisor.

Good luck
Scott

Tnx Scott....waiting for more advice .

peteragm · Post by **peteragm** » Mon Mar 26, 2018 9:50 pm

Hi All,
My tier 2 visa extension was refused for same reason and I had court hearing for JR in the UT court which was due 04 April, however I received now the following letter from the court:

Following a review of the documents lodged , under case management powers found at rules 4,5 of the UT Procedure Rules ;

It is ordered that:

1. These judicial review proceedings are stayed pending the outcome of the appeals in the court of Appeal in linked cases of R (Hossain) v SSHD (C6/2016/3560) and R (ISLAM) v SSHD (C8/2017/1385) , which are due to be heard together in June 2018, or until further order.
2. The hearing listed on the 4.4.18 be vacated .
3. there be liberty to apply.

Reasons:
The court of Appeal is to address the issues arising in new style ETS cases , i.e. decisions made by the respondent post 06 April 2015. This application is stayed until the outcome of the appeals is known and will be kept under review.

Can anyone advice please!!!

Ali Khan555 · Post by **Ali Khan555** » Thu Mar 29, 2018 10:19 am

Dear Petergm

Just relax toiec issue is completely finish I just received a letter from court of appeal saying that the THE SSHD HAS ALSO INFORMED THE CIVIL OFFICE THAT SHE HAS WITHDRAWN HER APPLICATION FOR PERMISSION TO APPEAL THE JUDGEMENT IN AHSAN & ORS TO THE SUPREME COURT OF THE UNITED KINGDOM.

I DIDNT HAVE PERMISSION TO APPEAL IN THE UK BUT MY PERMISSION WAS GRANTED TO APPEAL LAST WEEK BY UPPER TRIBUNAL AS I HAVE TWO ON GOING CASES.

BOTH ARE CLEAR AND YOUR ONE WILL TAKE SLIGHTLY SOME TIME BUT ONCE THEY MAKE A DECISION THATS ET.

ON MY HEARING DAY I WAS IN THE COURT THE HOME OFFICE REPRESENTATIVE HAD NOTHING TO SAY IN REGARD TO MY TOIEC TEST NO PROVE NOTHING HE WAS JUST LISTENING TO THE JUDGE LIKE I WAS. I DID MY TEST ITS 100% GENUINE.

DONT GIVE UP

Dontjoke001 · Post by **Dontjoke001** » Thu Mar 29, 2018 12:58 pm

Hey ali khan,
I lost my toeic JR in 2015 due to my previous lawyer scam. He took 200 toeic cases and all lost in JR and he made a lot money. After that I moved to another eu country and got eea family permit 5 years which is article 10 residence card. Now I want to move uk with short term UK eea visit visa. After that I want to apply UK residence card.
So will it affect my new application for UK eea family permit when I lost toeic JR already, but I am moving to UK with article 10 eea fm card and with UK eea visit visa???
What can be happen with me under my case scenario?? What is the best solution ?? Can I get UK eea permit inside UK easily or not possible ???

CR001 · Post by **CR001** » Thu Mar 29, 2018 1:31 pm

Dontjoke001 wrote: ↑
Thu Mar 29, 2018 12:58 pm
Hey ali khan,
I lost my toeic JR in 2015 due to my previous lawyer scam. He took 200 toeic cases and all lost in JR and he made a lot money. After that I moved to another eu country and got eea family permit 5 years which is article 10 residence card. Now I want to move uk with short term UK eea visit visa. After that I want to apply UK residence card.
So will it affect my new application for UK eea family permit when I lost toeic JR already, but I am moving to UK with article 10 eea fm card and with UK eea visit visa???
What can be happen with me under my case scenario?? What is the best solution ?? Can I get UK eea permit inside UK easily or not possible ???

Kindly refrain from asking about EEA route applications in this topic, which is for TOEIC updates and cases only. Continue in your existing topic you already started in the EEA Route Applications sub forum please.

eea-route-applications/moving-to-uk-wit ... l#p1613846

eea-route-applications/moving-to-uk-wit ... l#p1613846

peteragm · Post by **peteragm** » Thu Mar 29, 2018 5:00 pm

Ali Khan555 wrote: ↑
Thu Mar 29, 2018 10:19 am
Dear Petergm

Just relax toiec issue is completely finish I just received a letter from court of appeal saying that the THE SSHD HAS ALSO INFORMED THE CIVIL OFFICE THAT SHE HAS WITHDRAWN HER APPLICATION FOR PERMISSION TO APPEAL THE JUDGEMENT IN AHSAN & ORS TO THE SUPREME COURT OF THE UNITED KINGDOM.

I DIDNT HAVE PERMISSION TO APPEAL IN THE UK BUT MY PERMISSION WAS GRANTED TO APPEAL LAST WEEK BY UPPER TRIBUNAL AS I HAVE TWO ON GOING CASES.

BOTH ARE CLEAR AND YOUR ONE WILL TAKE SLIGHTLY SOME TIME BUT ONCE THEY MAKE A DECISION THATS ET.

ON MY HEARING DAY I WAS IN THE COURT THE HOME OFFICE REPRESENTATIVE HAD NOTHING TO SAY IN REGARD TO MY TOIEC TEST NO PROVE NOTHING HE WAS JUST LISTENING TO THE JUDGE LIKE I WAS. I DID MY TEST ITS 100% GENUINE.

DONT GIVE UP

Dear Ali ,

Thanks for your message, I read about AHSAN case vs SSHD however I believe my case is linked to two different cases " R (Hossain) v SSHD (C6/2016/3560) and R (ISLAM) v SSHD (C8/2017/1385)"
Do you have any idea about those cases ? Or did anyone receive something similar ?

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