Urgent SET (M) advise needed - Senior Members Please reply

[Shan77]

1. My wife switched to FLR(M) visa under old rules in July 2013 after I received ILR on the basis of 10 years long residency in May 2013. She sat for TOEIC test in June 2014 at University of Westminster and passed listening & reading and speaking test with C1 level scores (although she required only A1 level). Right after I received my ILR at the end of May 2013, I wanted her to switch to FLR(M) followed by SET (M). She has spent 3 years as Tier 2 dependent since November 2009 and I knew that duration can be combined for SET(M) after receiving the FLR(M) visa. Our first baby was due in the first week of August 2013 and that's why we tried to complete both FLR(M) and SET(M) applications in person before the baby was born. With 30 weeks pregnancy she prepared, appeared and passed both life in the Uk test and TOEIC test. In July 2013 (with 34 weeks of pregnancy) she applied and received the FLR(M) visa in person. However, the BRP arrived almost after 2 weeks and we could not apply for SET (M) in person since she was almost due for delivery. So we thought of making the SET(M) application later at a convenient time.

2. After the baby was born we got so occupied with the baby (and work) that we left the SET (M) application pending. We became concerned last year in August when we came to know about the TOEIC investigation and suspension. I have seen in this board that many applicants had their application withheld for a long period by UKVI because of their previous TOEIC exam record although they have submitted another english language test result. Its very clear that UKVI wanted to check genuinity/validity of these applicants' TOEIC scores. So immediately (In Sep 2014) my wife wrote an email to TOEIC UK for verification and confirmation of her TOEIC scores since she took the test in good faith and her test centre was University of Westminster (where the exams were invigilated with the highest level of standard). After a month of wait she received a questionnaire from TOEIC by email in Oct 2014. She emailed the completed questionnaire to TOEIC UK and then waited 5 months to receive a reply from TOEIC. In April 2015 she received an email from TOEIC with an attached confirmation letter issued by ETS UK confirming all her scores are valid and authentic.

3. Please note that my wife has already passed the trinity B1 exam and booked in person appointment for her SET (M) application.
My query is: a) Should we include a cover letter with all TOEIC correspondence and ETS confirmation letter to avoid UKVI's possible TOEIC related checking and a long wait. Or actually it would be a mistake to include that as this might trigger an investigation by the UKVI's caseworker which he/she may not have done if we won't mention anything regarding her TOEIC exam used for the FLR(M) application. We are not sure whether to avoid it or to include it.

b) Do we need to include the british passport of our baby with her application?

I would be very grateful if senior members please advise us on the above issues.

[Shan77]

I would greatly appreciate if someone please suggest me on the above issues?

[WR1]

DO NOT SUBMIT any documents or tests in relation to ETS or TOIEC. They are no longer accepted and submitting any documents will do harm.

If you already have Trinity B1 Grade 5 test (which is currently approved), do submit this test. Verification will be done on the test that is submitted hence in this case Trinity.

As long as you don't use TOEIC, you will be fine. The HO will only verify the documents you have submitted.

If the baby is British, then the passport is not required as the baby is not applying as a dependent, but there is no harm is doing so.

[Shan77]

Thanks for your kind reply WR1. We will not submit TOEIC but since she used that previously for FLR(M) visa, would UKVI not be concerned to check the genuinity of that certificate which may lead to verification check of the previously submitted TOEIC certificates. This is why we contacted TOEIC to confirm the validity and authenticity of the certificate which they already did. Now we are not sure whether to include that confirmation letter with the application or not. The reason I am asking because some of the Tier 4 and Tier 1 applicants mentioned that their application were withheld because of a previously submitted TOEIC certificate even though they submitted new english test certificates for a new visa application.

I will highly appreciate your further suggestions.

[WR1]

If you have used the TOIEC in a previous application, it should not be an issue. I am not aware of any case where an application is held because of a previously submitted TOIEC test for which the application was granted. I do know that when the investigation was ongoing with TOIEC, TOEFL and ETS and applications were being put on hold, they were due to people having submitted the concerned tests at the time, some were given the opportunity to submit a new approved test and some weren't.

I can't see why the application should be put on hold if only the Trinity B1 is submitted as the UKVI should verify the this test if submitted and not TOIEC and you won't be submitting this.

[Xam]

Thanks for your kind reply WR1. We will not submit TOEIC but since she used that previously for FLR(M) visa, would UKVI not be concerned to check the genuinity of that certificate which may lead to verification check of the previously submitted TOEIC certificates. This is why we contacted TOEIC to confirm the validity and authenticity of the certificate which they already did. Now we are not sure whether to include that confirmation letter with the application or not. The reason I am asking because some of the Tier 4 and Tier 1 applicants mentioned that their application were withheld because of a previously submitted TOEIC certificate even though they submitted new english test certificates for a new visa application.

I will highly appreciate your further suggestions.

Hello Shan77,
I am in the same position as yours . I submitted my application ( SET(M)) in last October with Trinity B1 but still my application is pending whereas I used TOEIC when I switched from Tier 4 to FLR(M). My Local PM phoned to HO on behalf they Replied investigation on TOEIC still going on … I waiting More than 8 months now

[lydia1991]

Quite same situation with you
I am British citizenship. My husband currently holds spouse visa. He was switched from Tier 4 student last year.
We received a letter told him go to Reporting centre. We were very shocked. And told by an officer his visa has been cancelled due to provided false document. And didn't mention which one was the false document that he provided. We rang home office also reporting centre many times, but didn't get any answer back. I wrote an email to my local MP and my local MP contacted with home office. Home office said there's no record of my husband's spouse visa application. But my husband was granted his visa from Solihll premium service centre and we still holding all the documents. And he just used his biometric card for leave and enter on March. It is so ridiculous. And the local MP told me the reason why his visa has been revoked was caused by he submitted toeic on his previous student visa application. My local MP said we need get a solicitor to challenge this case. My husband done his toeic on 2011 and that certificate expired on 2013. He applied his spouse visa was by Trinity A1 last year. As far as I know, his student visa has been revoked but I'm not sure about his spouse visa. I hope everything gonna be okay soon

[Xam]

Quite same situation with you
I am British citizenship. My husband currently holds spouse visa. He was switched from Tier 4 student last year.
We received a letter told him go to Reporting centre. We were very shocked. And told by an officer his visa has been cancelled due to provided false document. And didn't mention which one was the false document that he provided. We rang home office also reporting centre many times, but didn't get any answer back. I wrote an email to my local MP and my local MP contacted with home office. Home office said there's no record of my husband's spouse visa application. But my husband was granted his visa from Solihll premium service centre and we still holding all the documents. And he just used his biometric card for leave and enter on March. It is so ridiculous. And the local MP told me the reason why his visa has been revoked was caused by he submitted toeic on his previous student visa application. My local MP said we need get a solicitor to challenge this case. My husband done his toeic on 2011 and that certificate expired on 2013. He applied his spouse visa was by Trinity A1 last year. As far as I know, his student visa has been revoked but I'm not sure about his spouse visa. I hope everything gonna be okay soon

Hi Lydia1991,
Thank you for sharing your experience .I've some questions regarding your husband's immigration history .
1.According your statement your husband's spouse visa was granted last year ( 2014). Could you please confirm the month ?
2. Has he ever done IELTS in past ?
3. when did you received the letter regarding reporting
4.''And he just used his biometric card for leave and enter on March'' what does it mean?

Thank you.

[lydia1991]

Quite same situation with you
I am British citizenship. My husband currently holds spouse visa. He was switched from Tier 4 student last year.
We received a letter told him go to Reporting centre. We were very shocked. And told by an officer his visa has been cancelled due to provided false document. And didn't mention which one was the false document that he provided. We rang home office also reporting centre many times, but didn't get any answer back. I wrote an email to my local MP and my local MP contacted with home office. Home office said there's no record of my husband's spouse visa application. But my husband was granted his visa from Solihll premium service centre and we still holding all the documents. And he just used his biometric card for leave and enter on March. It is so ridiculous. And the local MP told me the reason why his visa has been revoked was caused by he submitted toeic on his previous student visa application. My local MP said we need get a solicitor to challenge this case. My husband done his toeic on 2011 and that certificate expired on 2013. He applied his spouse visa was by Trinity A1 last year. As far as I know, his student visa has been revoked but I'm not sure about his spouse visa. I hope everything gonna be okay soon

Hi Lydia1991,
Thank you for sharing your experience .I've some questions regarding your husband's immigration history .
1.According your statement your husband's spouse visa was granted last year ( 2014). Could you please confirm the month ?
2. Has he ever done IELTS in past ?
3. when did you received the letter regarding reporting
4.''And he just used his biometric card for leave and enter on March'' what does it mean?

Thank you.

thanks for reply.
1.he was under tier4 students from 2007-2014. and he switched to spouse visa on august last year. and we were applied by premium service. and now Home Office said has no record of application for spouse visa?
2.he did ielts test and scored5 when he first time entered the uk.
3. the letter was sent out on 8th May, but we received it on 20th may. we went to reporting centre on 21st
4. we leave the country for holiday on feb and come back on march. and used his spouse visa biometric card enter the uk.
we are very confused, my laywer just told me yesterday if his student were revoked and his spouse visa should be no longer valid.

[vinny]

we are very confused, my laywer just told me yesterday if his student were revoked and his spouse visa should be no longer valid.

That doesn't make sense. His student leave would have been superseded by his spouse leave. After his spouse leave was granted, he didn't have any student leave to revoke. But they are denying that they had granted him the spouse leave?

[Xam]

we are very confused, my laywer just told me yesterday if his student were revoked and his spouse visa should be no longer valid.

That doesn't make sense. His student leave would have been superseded by his spouse leave. After his spouse leave was granted, he didn't have any student leave to revoke. But they are denying that they had granted him the spouse leave?

Exactly !
How the gentleman got his BRP then ? Its really stupid .
I think Home Office revoked his previous Leave to Remain ( Tier 4) as a result Spouse visa was invalid automatically. But on the other hand your husband is in under appendix fm .
With Appendix Fm Spouse of a British Citizen or a settled person still get discount ?

[b][i][color=#4000FF]Paragraph 32(B) Su ... r][/i][/b]

Im asking Vinny's comment

[lydia1991]

we are very confused, my laywer just told me yesterday if his student were revoked and his spouse visa should be no longer valid.

That doesn't make sense. His student leave would have been superseded by his spouse leave. After his spouse leave was granted, he didn't have any student leave to revoke. But they are denying that they had granted him the spouse leave?

Yes exactly. The letter received from Home Office was from Tier4 curtailment team! It is so ridiculous! Home office say they don't have any record of our spouse application. The information was confirmed by my MP twice

[lydia1991]

we are very confused, my laywer just told me yesterday if his student were revoked and his spouse visa should be no longer valid.

That doesn't make sense. His student leave would have been superseded by his spouse leave. After his spouse leave was granted, he didn't have any student leave to revoke. But they are denying that they had granted him the spouse leave?

Exactly !
How the gentleman got his BRP then ? Its really stupid .
I think Home Office revoked his previous Leave to Remain ( Tier 4) as a result Spouse visa was invalid automatically. But on the other hand your husband is in under appendix fm .
With Appendix Fm Spouse of a British Citizen or a settled person still get discount ?

[b][i][color=#4000FF]Paragraph 32(B) Su ... r][/i][/b]

Im asking Vinny's comment

It is very stupid. But it happened......
The letter was sent out from tier4 curtailment team

[Shan77]

That doesn't make sense. His student leave would have been superseded by his spouse leave. After his spouse leave was granted, he didn't have any student leave to revoke. But they are denying that they had granted him the spouse leave?

Dear Vinny,
Can you please kindly reply to my original post. My wife has received confirmation letter from ETS that her test results are all valid. Although we are using Trinity B1 certificate for her SET (M) application but we are not sure whether to include the ETS confirmation letter to prove that her previous TOEIC certificates were all valid and the tests were taken at University of Westminster. We are thinking of including this ETS letter to prove that she was a genuine test taker and she took the test in good faith. I would greatly appreciate your kind suggestion on whether to include this ETS letter or not.

[vinny]

There are a lot of problems with ETS.

[Xam]

There are a lot of problems with ETS.

Why UKVI ignoring their immigration law ?
Paragraph 32(B)
Sub (b):-
''Information that the test certificate or result awarded to the applicant has been withdrawn by the test provider for any reason,
the decision-maker may discount the document and the applicant must provide a new test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.''

Thank you Vinny

[vinny]

32D(ii) may also fail, due to

Where the decision-maker has:
(a) reasonable cause to doubt that an English language test in speaking and listening at a minimum of level A1 of the Common Framework of Reference for Languages relied on at any time to meet a requirement for limited leave to enter or remain in Part 8 or Appendix FM was genuinely obtained; or

[Xam]

32D(ii) may also fail, due to

Where the decision-maker has:
(a) reasonable cause to doubt that an English language test in speaking and listening at a minimum of level A1 of the Common Framework of Reference for Languages relied on at any time to meet a requirement for limited leave to enter or remain in Part 8 or Appendix FM was genuinely obtained; or

Vinny I didn't understand what does it mean by fail ?

Thank you .

[vinny]

The opposite of

the decision- maker may accept that certificate or result as valid

[Xam]

The opposite of

the decision- maker may accept that certificate or result as valid

32B. Where the decision-maker has:
(a) reasonable cause to doubt that an English language test in speaking and listening at a minimum of level A1 of the Common Framework of Reference for Languages relied on at any time to meet a requirement for limited leave to enter or remain in Part 8 or Appendix FM was genuinely obtained;
or
(b) information that the test certificate or result awarded to the applicant has been withdrawn by the test provider for any reason,


the decision-maker may discount the document and the applicant must provide a new test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.

Ithink if any one meet the requirements a or b then
the decision-maker may discount the document and the applicant must provide a new test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.

Please correct me if I'm wrong .
Thank you Vinny

[vinny]

Yes. That seems correct. What are you trying to say?

[Xam]

Yes. That seems correct. What are you trying to say?

I did Toeic (ETS) in 2012 and submitted to HO when he applied FLR(M) as Im British Citizen. I had done another English Course ( A1) from Trinity College and sent to Home office .
After a week I got my BRP with Approval letter in Oct 2012

I applied for ILR with SET(M) form in First week of October 2014.
As English Language requirements :
I submitted old A1(With distinction ) ,
New B1 ESOL (with distinction )from Trinity College
Expired IELTS (Score 6.0) (which previously used I have done in 2009 and expired in 2011).
SET(M) Update after apply:
I got Acknowledgement letter on in oct 2014
Bio metric appointment letter last week of oct 2014
Last Month we have seen our Local MP and MP called to HO and HO said last time they have seen the file in the middle of this month and also said that my ILR Application is Hold For TOEIC for further investigation.

So My question is will paragraph 32B will help me out ?

Thank you Vinny.

[vinny]

32B may help. Although it took effect from 6 November 2014, there were no transitional provisions for 211 saying that it would not apply to earlier undecided applications.

If you have successfully completed a current test, then I think that they may have a difficult time of proving that you did anything wrong in your previous test.

I don't understand why they are wasting time and tax payers' money on pursuing this.

[Xam]

If you have successfully completed a current test, then I think that they may have a difficult time of proving that you did anything wrong in your previous test.

I don't understand why they are wasting time and tax payers' money on pursuing this.

First of all thank you ever so much for your valuable time Vinny

They are pursuing this cause Government wanted to reduce the total number of immigrations by ten of thousands and they were failed .
They are using TOEIC as a weapon . Yes you are right they are wasting their time , tax payer money , wasting court time and destroying British people lives . For an example , Any EU national's spouse doesn't need any financial requirements to stay in Britain on the other hand British National's spouse does!! Its totally insane Law should be equal for everyone in a country . Even though if any EU spouse has overstay in his/her immigration history in UK they are eligible to apply spouse visa in UK ! British Spouse are not.
Are the British Government working on the behalf of EU national ? They have to be equal for every one . Should treat everyone same . How many British family are sufferer ? Lots!!! Im so sorry If I hurt anyone. But Thats the reality we are going through .
Thank you.

[lydia1991]

If you have successfully completed a current test, then I think that they may have a difficult time of proving that you did anything wrong in your previous test.

I don't understand why they are wasting time and tax payers' money on pursuing this.

First of all thank you ever so much for your valuable time Vinny

They are pursuing this cause Government wanted to reduce the total number of immigrations by ten of thousands and they were failed .
They are using TOEIC as a weapon . Yes you are right they are wasting their time , tax payer money , wasting court time and destroying British people lives . For an example , Any EU national's spouse doesn't need any financial requirements to stay in Britain on the other hand British National's spouse does!! Its totally insane Law should be equal for everyone in a country . Even though if any EU spouse has overstay in his/her immigration history in UK they are eligible to apply spouse visa in UK ! British Spouse are not.
Are the British Government working on the behalf of EU national ? They have to be equal for every one . Should treat everyone same . How many British family are sufferer ? Lots!!! Im so sorry If I hurt anyone. But Thats the reality we are going through .
Thank you.

Dear Xam
Do you know if my husband leave this country by his own and re-apply for new spousal, any doubt with this idea? We met all the requirement of spouse visa. I'm a tax payer, my husband spent at least 100k while he study in the uk, we never took a penny from government. It is really unfair. We just bought a house, we put all of our money towards deposit of our house. For this time, we don't have any money to go anywhere also even if my husband go back to his country, there is no place to live. We are together since 2009 and married last year but we don't have a children, is it count for family life? If not what about private life? He came to England when he was 17 and now is 25, many friends suggest him go back and re submit for enter. But we are worried about HO will refuse it due to toeic issue.