Complication with Tier 2 applcation due to TOEFL ETS

[khaled.zaidan]

Hi all,

I applied for a tier 2 visa (in-country) back in December 2013. I was asked for my biometric information around mid January, and I gave them a couple of days after.

Now, around mid February, I received a letter saying that since I had submitted TOEFL for English, my application was put on stand by. But since I had also submitted a university degree taught in English (from Leeds University) as part of the application (a requirement to switch from tier 4 student to tier 2 general), I sent a letter to the home office pointing that out, and pointing out that my university degree should suffice for the English requirement (and there is no need for my TOEFL). I received no response to that. I did IELTS and submitted it. The home office confirmed that they received it around end of April (I don't remember exact date). But again, I'm still waiting for anything from the home office. I keep calling, and ever since I sent them the first letter, which they received on 25 Feb, all they tell me is "it is still being processed, you have to wait"...

Is there anything I can do? It's been 6 months now since I applied, 4 months since I told them that my application doesn't really need TOEFL in the first place, and 1.5 months since they got my IELTS. How long is too long? And what can be done about it? And the way I see, they can virtually keep telling me to wait forever (in that letter they sent me about TOEFL, they clearly state that since my application is too "complicated", they can no longer stick to any time line).

I feel like I'm wasting time (and money, since I cannot start work before I get the visa), but I also don't withdraw as that would mean that all was in vain!

Help would be very much appreciated

Thank you,
Khaled

[sagareva]

Hi

sorry to hear that

you shouldn't have sent toefl in in the first place if you have a UK degree, a good example when extra documents are a problem ((

but the reason you havent heard back is that they have forwarded ALL applications in which toefl was in any way involved to the special ETS Taskforce at Sheffield

i managed to contact them directly last week and they said they havent really been able to move on any of the applications, because they received no instructions from Home Office policy department how to actually dispense with them. presumably they'd be able to clear those applications in cases where actual english ability is not in doubt, eg been verified through an alternative test or through a degree. but they havent received a go-ahead to do anything about them at all.

i can only hope that they will move soon, they removed TOEFL from the list of acceptable tests as of July 1st so clearly the pile will stop growing, maybe they'd develop a formula what do to with it

[khaled.zaidan]

Oh God, this is a nightmare!

I submitted both my TOEFL and my degree for English hoping that the redundancy would make things easier (that if they have a problem with one document, they would refer to the other)... clearly I was WRONG!

I just hope my application gets some processing (given than that I did submit an alternative to my TOEFL)

Thank you for the reply, though, I appreciate it

[manci]

Is there anything I can do?
yes, there is. An application can be varied before it is decided.

[khaled.zaidan]

Manci, thank you for your reply, but could please explain what it means for an application to be varied? What exactly are you suggesting I do?

[manci]

Simply write a letter to the HO and send it to the same address where your original application was sent to (Durham). Tell them that you want to vary your application and the way you want to vary it. In the letter provide all your personal details (name, d.o.b., nationality, passport No, HO reference No.)

Send a copy of the letter to:

Home Office
Tier 2
P O Box 3468
Sheffield S3 8WA

It is not strictly speaking necessary but you could make a photocopy of the application, mark up the changes, and enclose it with the letter.

[sagareva]

what does this have to do with variation?
variation applies when a person applied fro one category of leave but wants to apply for another instead (eg you applied fro tier1 extension but now qualify for ILR so you vary your application)
what does it have to do with this case???? nothing that i can see

[manci]

p35:
https://www.gov.uk/government/uploads/s ... _0_EXT.pdf