Victims of ETS Scam

Hi All,

At the moment am on Tier 2 dependant visa and my visa is expiring on 08/02/2018.
Last month I have been to extension along with Main applicant through premium service but decision was not made on the same day instead they gave the letter saying that our application is valid but they need to do further more enquires as such they have passed our application to other team.

• They have interviewed me has I have used TOEIC in 2013 for my extension. Until now we haven't got any update from them. Even the main applicant visa decision is not made.
  
  So in my case what are the chances of getting visa?
  Just in case if they refuse my visa will they approve main applicant visa as he is working for a proper company on TIER 2 visa.

All your advice's will be vvv helpful for me to take the next step.

Thanks in Advance to everyone..

Regards,
Astra001

@yasir
We got court letter today
Home office granted appeal permission to upper tribunal.
Reason of permission
1 )the ground assert that the judge has erred in the assessment of the burden and standard in relation to an allegation of fraud and in relation to the assessment of insurmountable obstacles.
2 )the grounds are arguable. The reasoning by the judge in relation to the fraud aspect arguably does not align with that enunciated by the court of appeal and not, arguably, pay heed to the actual test.

what is happening next??

elaineyorke wrote: ↑

Fri Feb 02, 2018 8:27 pm

@yasir
We got court letter today
Home office granted appeal permission to upper tribunal.
Reason of permission
1 )the ground assert that the judge has erred in the assessment of the burden and standard in relation to an allegation of fraud and in relation to the assessment of insurmountable obstacles.
2 )the grounds are arguable. The reasoning by the judge in relation to the fraud aspect arguably does not align with that enunciated by the court of appeal and not, arguably, pay heed to the actual test.

what is happening next??

Hi elaineyorker so sorry to hear this that ho got permission to upper turbinal but one thing when judge discharge burdon of proff back to sshd so why theyfive the permission again.
Home office only rely on look up tool which are not athentic proff according to court.
In my case this factor was the same . Like i got 2 ielts one in 2005 n other 2011 with high band 7.5 .
Also got degrees and fluent english front of judge is well .
Also home office accept i never used in any of my application.ho ready to issue visa on arricle 8 which we deny bocz we dont want long route and i was 100% sure about my test i did my self.
Now again long wait for you bocz i think its gona be one year to the hearing date .
I really wish u good luck and plz dont give up just stay positive .

We are also shocked.
What they do next ...do we need to arrange new evidence ?
What basis they challenge appeal as we had three courts on this issue plus home interview with audio recording and officers makes my husband clear from fraud but they never bring any evidence in court room not even audio recording.
Please reply .

Any positivity for us our appeal allowed on human rights ground as I am British citizen .
Do we need arrange barristers solicitors again?

Good morning Elaine , sorry to hear about this , I was expecting their permission to get refused

You'll have to wait and see what happens next , you will most likely need a barrister/lawyer as soon they'll soon you a hearing date

Thank you my dear
We were very positive about this as in your case you getting visa so it was big relief for us but again they put us on this track.
And ftt decision was very very strong and very genuine decision according to facts.
Judge didn't say anything cross the limit.
Ho had no bundle of proof or recording or any other stuff .
Now court said in letter that upper tribunal will not consider any new evidence which was not in front of ftt unless tribunal specifically ask for new evidence.
We are with legal firm and they will represent us again.
Court said our human rights do not arguable like our relationship why can't go Pakistan religion house jobs etc.
Only pay attention on actual test.
Please keep in touch
Not known to each other but feel better to read your post
Thank u

@elaineyorke
Dear dont worry yours case is v strong only permission to appeal accepted where the judge give a lil flexbility to ho to proff their claim.they cannot bring new evidence unless they asked for permission in court which mostly been rufused as upper turbinal only hear the point of law n where fft judge make error .
I read all urs post.Which indicate to me u have very strong case but plz dont give up just stay strong. Even you loose in upper turbinal still u can claim article 8 visa which nobody can rufused.
2nd this frud not proven in any court unless few cases where ppl even cant speak english n they got high score since That most cases been decided by plusible explantion .
In my case they did and all other is well . If u said front of judge u need visa on article 8 they will issue u bocz their ho will not go in to appeal .in our case they only go bocz our judgement not reported judgement but still solictors can gjve the references .
Just relax and wait for hearing yours all file is fully ready.They dont need to do more just 14 days before again statment .I know its time gaining but whts else u can do just pray. I m sure u 100% gona win n if u won its will be reported judgement all other can used in their case so might for yours reason other will get benefits too.

elaineyorke wrote: ↑

Sat Feb 03, 2018 8:21 am

Any positivity for us our appeal allowed on human rights ground as I am British citizen .
Do we need arrange barristers solicitors again?

If your appeal was allowed on Human Rights grounds then you will most definitely succeed further ,

If my husband was present in the UK they would have done same to us too , they would have made us go further to upper tribunal ,


When your husband goes to court the judge will finally clear ETS issue completely after hearing ur husband's evidence

Also there is a chance home office withdraw their appeal before the actual hearing date , when they send their pre action protocol

hajimax1989 wrote: ↑

Sat Feb 27, 2016 11:24 am

Hello guys. I came in UK 2011 as a student. And I am married british girl.but my merriage is not registred.i put further leave to remain last year 2015 27 of march. But it's refused and home office gave me right of appeal. 25 Feb 2016 was my hearing,but it's been adjure becouse they put another case on me of TOEIC. I extend my student visa in 2013 and I submitted TOEIC . My question is if I go back to my country , and put fresh application, is
That will be effected by TOEIC. I do need ur best advise
About my case.

I don't think you should leave the country once your are gone its over. There is no coming back, just hold your ground and stay put, something good will turn up.

Morning
@yasir@waitingindefinitely
Thank you so much both of you and God bless you .
Feeling relax after reading your posts .
Yes we are positive and strong again for another obstacle.
Thank you

And yes court made direction that ho is only allow to argue on actual test ..
Paragraph 21 is not arguable.
as In para 21 ftt judge point out each n every single issue about our human rights that our relationship genuine and subsisting. I have two longstanding jobs house and my life can't move in Pakistan as never been before not aware of culture religion language and many other issues etc
So now hoping for best.
Also our solicitors she's asking report from east midlands immigration criminal investigation department who record my husband's interview at home and made report
there is no evidence to implicate him in the fraud .
Now hoping for best

Hello friends
Seen our solicitors
They said ho challenge Toiec test and human rights also .
(As solicitors understands technical wording )
Ho challenge that judge didn't apply proper law on insurmountable obstacles.
Both points are arguably.
We are very upset now.

Hi elaine dont be upset .Toiec test they can maximum bring the orginal recording which can conclude the case .Also u have very solid proff about investigation report which they did interview at yours home.
Regarding human rights u dont need to be worry for expamle if judge not put right law in urs case so what is the actual law then.
First yours private life
Living partner
Been in country more then 3 years.
These are fundamental right which they need to apply and unless u have criminal conviction otherwise nobody can deny as private life i seen many cases which no criminal conviction and appeallnt won in upper turbinal.
Now good thing is burdon of prof on sshd so just relax and wait for hearing date .

Dear yasir527
Thank you so much for your post its really helpful and giving us a new strength. As this case taking so long but I am always hoping and strong that outcome will be in our favour as we done every single effort to complete requirements.
For my husband I was delivering pizzas till midnight after my main job to meet financial threshold and for life where we stay happy together.

And all efforts and hard work is possible when relationship is genuine.
Many thanks

Hi every one.

I had my first tribunal hearing last week. The judge was kind nice to me He didn't ask anything from me nor from my wife, He said the relationship is genuine the immigration officer barely asked 3 questions. My barrister explained everything, The home office person brought a spreadsheet regarding test said thats the generic evidence based on that they have refused my spouse visa in 2016.

They said my test is invalid according to that spreadsheet provided by ETS, this Test was taken by me in in 2012. they didn't bring in any voice recording.

Any one who had such situations( Invalid Test)?
you reply will be appreciated.
regards
Scott

Hi Scott

Hearing sounds positive, didn't Judge give the decision on the hearing date? I hope it will go well. My test is invalid as well.

Which college you have taken the test?

Ana

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 i hope he will allow urs appeal but ho will take it further unless judge clearly say that decption been used in toiec test but u have urs private life like child n wife so u cannot go back then they issue u visa strightaway on article 8 .
But if the judgement say i didnt did any fruad or decption u are credible test taker then they will go further first they will apply permission to ftt they normilly refused then they have right tonapply direct to uper turbinal which might they got permission but this all process take years to conclude just be strong and calm if you r inocentnu will get away .
Once again wish you gd luck and hope u get urs visa very soon.

Hi actually this matter was raised for the second time, I was granted entry clearance in 2016, detained at the airport visa suspended then we launched admin review we won and my visa was granted.
I didn’t come by student visa I came by a marriage visa for 6 months which I was supposed to applie for spouse visa once I am married in the UK
Married and applied and refused. Again for the same reason.
It has been 15 months after my refusal. So looking to the fact the tribunal will recognise the abuse to this whole system, they didn’t update my files and records on their data base they ignored it to raise the issue again.

They tried to put me on the plane upon my arrival but they didn’t cause it was a breach of human rights.

morning guys
good news scottmcall
i am very sure you will win this court
also, yasir527 is absolutely right as we are the example here .home office cleared us after investigation team interview with my husband recording played voice matched bla bla and they made a decision my husband not guilty but when we applied fresh application they refused us again on same points.
now they really not upgrade our case by mistake or deliberately bringing this allegation again and again this is something different.but I will say not to worry you will get the decision soon and u will win .they just testing relationships lol
regards
elaine

elaineyorke wrote: ↑

Mon Feb 12, 2018 8:04 am

morning guys
good news scottmcall
i am very sure you will win this court
also, yasir527 is absolutely right as we are the example here .home office cleared us after investigation team interview with my husband recording played voice matched bla bla and they made a decision my husband not guilty but when we applied fresh application they refused us again on same points.
now they really not upgrade our case by mistake or deliberately bringing this allegation again and again this is something different.but I will say not to worry you will get the decision soon and u will win .they just testing relationships lol
regards
elaine

Thanks everyone for positive thoughts

Hii all..i came uk on spouse visa in 20l4.i have submitted my application for my extension as flrm in april 2017.the decision came as refused because of toeic test.i never used any toeic test in my visa application and neither i took any toeic test in my life. But they still refused my application.we did appeal in October nd they give us hearing date 4th may. I am so stressed.i dont know y home office refused me on the basis of toeic.i used esol level a1 exam for my spouse visa nd esol a2 for extension..anybody had same experience or any idea plz reply.

Hi there
If you haven’t used Toeic in your life then u shouldn’t be stressed, the judge will clearly resolve the issue at the hearing.
Any Pearson Test in the past or Tofel test.??
If yes they some times refuse on that bases as well.
But m telling u if u haven’t used it your are winning this and getting a compensation as well.
Good luck.

Thank u for reply..i have passed only two english test esol a1 under city and guild college in june 2013 and esol a2 under trinity college london in january 2017 as per requirements for spouse visa.i hope so everything will be fine.my players nd wishes are also waitingfor a decision.i wish everything goes well with everyone here who have a fear to be aparted from their families..