Victims of ETS Scam

Hi ,
I’m read your post but be careful because my case same like u ho review your application and they going to do only apples some time nothing new .
hi guys ,
I want to give you a quick update
My case is one of those cases related on Islam and Hossain case , and today i received a phone call from the HO legal representative asking me whether i want to dismiss my JR and allow the HO to review my application again or I wanted to carry on with my JR, I asked her to send my email with everything so that i can show it to my solicitor but haven't received anything yet .
Please if anyone have had any correspondence let us know.
Good luck everyone
[/quote]

Hi Mnee
Did you receive anything yet ? and update us with your case
even if HO won't do anything and waste time in reviewing the case under human rights grounds , do you think we have any other option now ? got to start from beginning through the FTT.

I have an appointment with my legal advisor tomorrow and will hear what he is going to say.

Hi.
My case like your I applied for jr they refuse and reviewed agean then say refuse agen and I need to do hole processing agen .now in January 2019 I have oral hearing.

Urgent Attention!
GLD is sending Proposal lIke this on ETS Matter. Pls share your ideas guys.

Dear Sirs,

As you are aware already, the Court of Appeal issued directions on the 16th August 2018 and I am required to communicate to you a proposal from my client, the Home Office, on how your matter should be progressed going forward.

This is following the recent judgment at the Court of Appeal in Khan, Islam and Hossain in new style PBS cases

May I begin by apologising unreservedly to you and your clients for the delay in sending to you this proposal.

There were unforeseen delays and problems in meeting the Court’s deadline of the 7th September.

These issues have now been resolved and we have taken our client’s instructions.

I am hopeful that once you receive this email and taken your client’s instructions, that you will be on course to reply to me with your views on the proposed offer of settlement from my client below by the next deadline from the Court. I appreciate that this is not far away, but this is due to the factors I have explained above.

Once I get a response from you, I will then be able to update the Court on the overall position in respect of matters such as yours by 4pm on Friday 19th October.

I am hopeful that the parties in this matter will still be on track to adhere to the Court’s timetable, notwithstanding the delays encountered so far.

In terms of a proposal, my client wishes to offer your client the following terms, which will be included in a draft consent order which will follow shortly, in order to try and settle this case. These are as follows;

“CONSENT ORDER

HAVING REGARD to the requirements of paragraph 6 of the Practice Direction 52A to Part 52 of the Civil Procedure rules.

AND UPON the parties confirming that none of the parties to these proceedings is a child or a protected party

AND UPON all parties hereto requesting that the Court dismiss the appeal by consent without determining the merits.

AND UPON the Respondent accepting that the Appellant has made a human rights claim which, if refused, will attract an in-country right of appeal to the First-Tier Tribunal, subject to the exercise of certification powers under section 94 of the Nationality, Immigration and Asylum Act 2002;

AND UPON the Appellant undertaking to submit full particulars relating to his claim that removal would breach his human rights within 28 calendar days from the date that the Court seals this order;

AND UPON the Respondent agreeing to issue a new decision within 3 months from the date any representations are received from the Applicant or if no submissions are received from the Applicant, within 4 months from the date this order is sealed by the Court, absent special circumstances.

AND UPON the Respondent agreeing that if this further decision results in the Appellant being granted leave to remain or if the Appellant succeeds in any appeal, on the basis that he did not commit a TOEIC fraud then, in the absence of some new factor justifying a different course, the Respondent will rescind the decision under challenge before the Court of Appeal and;

Treat the claimant as being an in time applicant since the date of the decision under challenge before the Court of Appeal (and any earlier period as may be established), subject to there being no other periods where the Appellant was an overstayer;

Grant the Appellant a reasonable opportunity, being not less than 60 days, to submit an application for further leave as appropriate;

Waive any fee or charge (including health surcharge) that might be payable for making such an application.

AND UPON the Appellant accordingly applying to withdraw the underlying judicial review proceedings on the basis that the parties agree that the matter is academic in light of the foregoing:

BY CONSENT IT IS ORDERED:

1. The Appeal is dismissed;

2. The Appellant is granted permission to withdraw his claim for judicial review;

3. There shall be no order for costs”

In terms of the position on your client’s judicial review matter, I will come back to you on my client’s position shortly on this issue.

In the meantime, I would be grateful if you could communicate this offer to your client for consideration and let me know as soon as possible if your client is content with the rest of the terms above?

Two further points.

I have copied in the Court of Appeal into this email so they can be content that our client’s proposals have been communicated to you.

We would be grateful, when you respond, if you could ensure please that you do not copy in the Court into any email. That is because the Court does not have to be copied in at this stage whilst you respond. The Court’s own letter of the 16th August 2018 states this.

I am our client’s lead lawyer on ETS matters here at GLD, so I will respond directly to you on behalf of our client.

I wait to hear from you as a matter of urgency.

If any of the above is unclear then do please let me know and I will make contact with you to explain matters, so to ensure you understand everything clearly.

Should you require any further assistance or information then please do not hesitate to contact me.

Kind regards

Hi,
I have been reading this forum from last few days and it is quite helpful. Well i want to share my case as well. I applied for spouse visa extension on premium service in july 2018.HO rejected my visa extension due to toeic which i did in 2011. I appealed against the decision and my hearing date was in oct. We adjourned the hearing date because we didnt receive the full bundle from HO and we were waiting for subject access request aswell. My hearing date is now in the next week. I saw HO bundle they sent spread sheet,inquiry abt the college and witness statements, sm & qadeer case, and all of my own documents that i submitted this time in my premium service. Well the shocking thing is there is a questionable certificate from some college in the spreadsheet which i never did and i have never been to that college. They rejected the visa because of the toeic which i did and they are accusing me for getting this certificate fraudlently. Its been 7 year and i have been to back home for 2 years from 2013 to 2015 and i dnt remember now how much i paid. I did 5 english test till now including toeic and 4 of them are ielts. Can anyone give me any suggestions about the hearing day what kind of questions they ask and how much they do cross questioning. It will be quite helpful

Mnee wrote: ↑

Thu Nov 15, 2018 1:00 pm

Hi.
My case like your I applied for jr they refuse and reviewed agean then say refuse agen and I need to do hole processing agen .now in January 2019 I have oral hearing.

Hi Mnee ,

I apreciate if you be more specific , what did they review exactly and refused again , was is under article 8 human rights in the light of khan and ors case ? Was your JR vacated until the hearing of Islam and hussain case as this is what happened to me and over 80 other cases which was on JR .

Also is the oral hearing in the FTT or UT court ? and can you give us the time line since the whole prcess started.

Thanks

Anas786 wrote: ↑

Sat Sep 29, 2018 11:11 am

Hi Everyone,

Thank you so much for your support on this forum
I wish all of you good luck in your cases
I have received the visa last month after two year struggle please see below.......

MY Tier 2 Extension was refused in October 2016, with no right of Appeal on the basis of Toeic, Test took in 2012, although I never used the test for any extension.

Came here on Tier 4:May 2011
Took Toeic Test July 2012 (Never used in any Extension)
Extension Tier 4: Aug 2012
Tier 2 Visa: Aug 2013
Interview about Toeic: July 2015
During Video Interview
She asked following few questions
• How did you find this Course
• How did you booked
• How you paid
• How long did it take
• How many other candidates
• How you did the Preparation

(At the end She apologized for inconvenience caused to me because I never used this test in any extension and she was satisfied from my answers)
After I travelled abroad they never stop me.

Refused Extension Tier 2: Oct 2016 (Because of Toeic)
Refused Admin Review : Nov 2016
Pre action Protocol Letter sent: Dec 2016
1st Response : Dec 2016 (HO asked for an Extension)
2nd Response : Jan 2017 (HO asked for 2nd Extension )
3rd Response : Feb 2017 (HO asked Final Extension)

After final Extension deadline no response, file the JR case because only have 3 month to file the case in court after refusal date

JR Submission in Court: Feb 2017

HO reply to Court : April 2017 (HO need an extension for submitting the Defence Summary)

Court refused permission of J: Sep 2017
Applied for Oral Hearing and got Permission for JR: Dec 2017
(My solicitor requested to HO copy of the interview about toeic took place in 2015 and presented in the court at the time of oral hearing)
Home office requested to withdraw the JR application they want to reconsider the case with in 3 month: March 2018

Documents Received: August 2018.

Thanks again

Regards
Anas

Hi Admin,

Can i qualify for ILR.
As you can see above me case history.

I was on Tier 2 from Aug 2013--2016( 3 Years)

Apply for Extension in Aug 2016 HO refused due to TOEIC went for JR, HO withdraw the JR after oral hearing and reconsidered the initial application (2 Years gap i was not allowed to work, it was not my fault, can i apply for ILR???)



New Tier 2 visa from Aug 2018 to Aug 2019
Let me add one more thing here, on letter saying issued on Aug-2018

Permission is given for the employment detail below:

Sponsor: XYZ
Address: ABC
Working at: As above
Job tile: XYZ
Salary: £££
Start Date: 28/08/2016
End Date: 16/08/2019


Can i apply for ILR Now?

Looking for your response.

Thanks
Anas

Anas786 wrote: ↑

Wed Nov 28, 2018 10:37 pm

Anas786 wrote: ↑

Sat Sep 29, 2018 11:11 am

Hi Everyone,

Thank you so much for your support on this forum
I wish all of you good luck in your cases
I have received the visa last month after two year struggle please see below.......

MY Tier 2 Extension was refused in October 2016, with no right of Appeal on the basis of Toeic, Test took in 2012, although I never used the test for any extension.

Came here on Tier 4:May 2011
Took Toeic Test July 2012 (Never used in any Extension)
Extension Tier 4: Aug 2012
Tier 2 Visa: Aug 2013
Interview about Toeic: July 2015
During Video Interview
She asked following few questions
• How did you find this Course
• How did you booked
• How you paid
• How long did it take
• How many other candidates
• How you did the Preparation

(At the end She apologized for inconvenience caused to me because I never used this test in any extension and she was satisfied from my answers)
After I travelled abroad they never stop me.

Refused Extension Tier 2: Oct 2016 (Because of Toeic)
Refused Admin Review : Nov 2016
Pre action Protocol Letter sent: Dec 2016
1st Response : Dec 2016 (HO asked for an Extension)
2nd Response : Jan 2017 (HO asked for 2nd Extension )
3rd Response : Feb 2017 (HO asked Final Extension)

After final Extension deadline no response, file the JR case because only have 3 month to file the case in court after refusal date

JR Submission in Court: Feb 2017

HO reply to Court : April 2017 (HO need an extension for submitting the Defence Summary)

Court refused permission of J: Sep 2017
Applied for Oral Hearing and got Permission for JR: Dec 2017
(My solicitor requested to HO copy of the interview about toeic took place in 2015 and presented in the court at the time of oral hearing)
Home office requested to withdraw the JR application they want to reconsider the case with in 3 month: March 2018

Documents Received: August 2018.

Thanks again

Regards
Anas

Hi Admin,

Can i qualify for ILR.
As you can see above me case history.

I was on Tier 2 from Aug 2013--2016( 3 Years)

Apply for Extension in Aug 2016 HO refused due to TOEIC went for JR, HO withdraw the JR after oral hearing and reconsidered the initial application (2 Years gap i was not allowed to work, it was not my fault, can i apply for ILR???)



New Tier 2 visa from Aug 2018 to Aug 2019
Let me add one more thing here, on letter saying issued on Aug-2018

Permission is given for the employment detail below:

Sponsor: XYZ
Address: ABC
Working at: As above
Job tile: XYZ
Salary: £££
Start Date: 28/08/2016
End Date: 16/08/2019


Can i apply for ILR Now?

Looking for your response.

Thanks
Anas

This is not the correct topic to ask ILR questions. Please start a topic with your circumstances and questions in the ILR sub forum!!

Hi Anas

Yes, you can apply for ILR, if your 3c leave continued.As I mentioned earlier my case exactly as yours but I’m still waiting for my hearing. I confirmed from my solicitor about my ILR he said if I win my appeal then I will be eligible to apply of course to meet the salary threshold which is above £36k.

Did anyone get British citizenship or PR application refused due to toiec, provided you are EU citizen or family member of EU citizen.
Thanks

zusman wrote: ↑

Sat Dec 01, 2018 4:33 pm

Did anyone get British citizenship or PR application refused due to toiec, provided you are EU citizen or family member of EU citizen.
Thanks

Hey my friend could you please tell a bit more about your case. Thank you:)

I dont have any case yet. As lots of people getting refusal because of toiec, just wondering if any eu citizen got affected also.

zusman wrote: ↑

Sun Dec 02, 2018 9:50 am

I dont have any case yet. As lots of people getting refusal because of toiec, just wondering if any eu citizen got affected also.

1. Please can you refrain from posting your 'what if' question in different topics and parts of the forum.

2. It is highly unlikely to affect EU route applicants for PR.

This topic is ONLY for those who have been refused visas or IRL due to TOEIC and who are fighting HO in court.

I dont understand what is wrong in my question, that you need to reply rudely. This topic is for people who are affected because of Toeic. And other one is for British citizenship. My question is relevant to both topics. When i didn't get response from one topic only then i posted here.

zusman wrote: ↑

Sun Dec 02, 2018 2:50 pm

I dont understand what is wrong in my question, that you need to reply rudely. This topic is for people who are affected because of Toeic. And other one is for British citizenship. My question is relevant to both topics. When i didn't get response from one topic only then i posted here.

This topic is for people who HAVE been refused a visa due to TOEIC and are going through the appeal or JR and court process with HO. It is NOT a general discussion topic of 'what ifs'.

If you don't have an ongoing case with HO regarding TOEIC, please do not post in this topic.

Hello Annabat,

when is your hearing?

Ali

Hi Ali,

My hearing was on 13 November but it was cancelled received a call from FTT on 12 November. My solicitor is saying they didn’t receive a payment request and ftt send a letter to close the appeal.

Court of Appeal guidance on costs in ETS cases > Rahman, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1572 (06 July 2018).

Dear Annabat,

Thanks for your reply,

What will happen now will the home office withdraw your case and issue visa? or the FTT will give you another hearing? what do you mean by payment request? who didnt get it?

regards

Ali

Hi all,

Just an update on my husband’s appeal. We were refused in March 2018, appealed immediately, the hearing was in October 2018 and visa granted approximately 4 weeks later. The brp card arrived in the post approximately 7 weeks after the hearing.

The judge didn’t ask my husband any questions. The HO representative asked a few vague questions of which none were really applicable as my husband had never done the toeic test. The evidence was generic mainly with one mark sheet from which the HO representative wasn’t able to prove that my husband had done the test.

Based on the judge’s reaction it appears that the court is sick of dealing with toeic cases especially those that shouldn’t even make it to court like this one as an example.

Very pleased with the positive outcome. It has been the toughest year ever having to deal with such uncertainty!

Wishing all those that have genuine cases the very best of luck. It’s a tough and very long journey with days where you sometimes completely lose hope but please be strong and soldier on.

Thanks to all those that shared their experience and supported each other. I really appreciate it, you realise you are not alone!

Flr m refused on 1st oct 2017 due to toeic that i never done
Appeal allowed on 4th may
I got my brp card 11 December 2018
Passport 12 December 2018
Ho wasted my two years without any mistakes but feel the pain stress of others who going through the same situation. What we can do jst pray.
Wish u all good luck..hope this matter soon finished nd u all can be happy nd reliefs

Hello guys
Long time no any post everything okey with everyone?
Thanks

Hi everyone
I want to share my toeic decision which was in first tribunal. Fortunately I won the case against homeoffice. I was struggiling for toeic from 2014 as I was 2 times in detention centre as well.but I did not stop to fight for toeic.so just want to say best of luck to all of friends for their toeic problems hope everybody would win soon their apeal.

Rahee wrote: ↑

Tue Jan 22, 2019 5:56 pm

Hi everyone
I want to share my toeic decision which was in first tribunal. Fortunately I won the case against homeoffice. I was struggiling for toeic from 2014 as I was 2 times in detention centre as well.but I did not stop to fight for toeic.so just want to say best of luck to all of friends for their toeic problems hope everybody would win soon their apeal.

Hey Rahee
Congrats for that long fight period. Cold you please mention what questions judge asked you as well as home office presenter. Did you get the decision in court or later in 2 weeks. I have my court in March bit nervous wish me luck guys and everyone out there be strong and patient.
Thank you

Hello Rahee,

Thanks for sharing your experience can you please answer one question. were you asked any question by judge or the home office representative in the court or no??? if they asked you question what did they asked you please share this information i will be very grateful.

thanks alot in advance