Spouse Visa Chances after TOIEC Scam?

[Benji89]

Hi everyone

We are going to submit my husbands spouse visa application (33 months one) soon and I just wanted to find people who maybe in the same boat as me.

I don't know if everyone is aware of the toiec scam that happened but to sum it up Theresa May wrongly detained and deported 45,000 students who were wrongly accused of using deception to claim their toiec certificate. A few months ago in May a massive case happened regarding this and the findings proved that Theresa May did do wrong and that students wishing to re enter the UK now can (
http://iasservices.org.uk/Upper-Tribuna ... dent-visas )

This is where my question comes in if they were to re enter as spouse would their visa still be granted??

We've been through so much this past year (2015) with my husband ending up being detained , we lost bail and right of appeal all because of using deception to obtain a visa and in the end my husband was advised to voluntary leave the UK and submit a fresh application from his home city in Lahore.

Can someone please shed some relief on this subject?

[CR001]

Did your husband genuinely take the TOEIC test or did he use a proxy? What evidence has HO provided to prove that he used a proxy to take the test for him?

[Casa]

I believe that your husband would have to first win an out-of-country appeal before clearing the deception accusation. You may find this article by Free Movement informative.
https://www.freemovement.org.uk/tribuna ... rmination/

With credit to Colin Yeo, note the following final paragraph and the affect of the refusal to report the decision by the Home Office:
"Nevertheless, even with this marvellous certificate, we can expect some judges to refuse to admit Qadir into proceedings. The refusal to report the decision allows and even encourages First-tier judges to disregard Qadir, which can only benefit the Home Office and ramp up the legal costs for claimants. Should any judge refuse to admit Qadir in a case in which it was relevant this would no doubt be an error of law; which surely highlights the laughable absurdity of failing to report the decision in the first place."

[Benji89]

Did your husband genuinely take the TOEIC test or did he use a proxy? What evidence has HO provided to prove that he used a proxy to take the test for him?

Hello Thanks so much for replying , my husband genuinely took the test however on the refusal list it claimed a proxy was detected and home office claimed that they had evidence that his voice didn't match the one that they had , we asked ETS so many times to actually provide us with this proof and to present us with the voice recording but come day of bail they didn't and they insisted he cheated.
I think its really unfair how we weren't given a chance and how we requested so many times in writing and over the phone for actual proof of the voice recording but they couldn't provide it and they stook by their claim that a proxy was detected and that my husband cheated .

[CR001]

Read through the link below. You will need to scroll back through the thread but it contains lots of useful information.

http://www.immigrationboards.com/uk-tie ... 9-220.html

He should also request a copy of the voice recording they claim to have.

[Benji89]

I believe that your husband would have to first win an out-of-country appeal before clearing the deception accusation. You may find this article by Free Movement informative.
https://www.freemovement.org.uk/tribuna ... rmination/

With credit to Colin Yeo, note the following final paragraph and the affect of the refusal to report the decision by the Home Office:
"Nevertheless, even with this marvellous certificate, we can expect some judges to refuse to admit Qadir into proceedings. The refusal to report the decision allows and even encourages First-tier judges to disregard Qadir, which can only benefit the Home Office and ramp up the legal costs for claimants. Should any judge refuse to admit Qadir in a case in which it was relevant this would no doubt be an error of law; which surely highlights the laughable absurdity of failing to report the decision in the first place."

Thanks for your reply,

Okay so basically our visa application won't be as straightforward as I imagined then what are the chances of winning an out of country right of appeal? And how long is the whole appeal process ?

[Casa]

Regrettably the appeal process is lengthy.

[Benji89]

Read through the link below. You will need to scroll back through the thread but it contains lots of useful information.

http://www.immigrationboards.com/uk-tie ... 9-220.html

He should also request a copy of the voice recording they claim to have.

Thanks again. We did request for the voice recording but they wouldn't give it us this was for my husbands bail application back in January they point blank refused I asked over the phone and they informed me I had to request in writing and I did however they still didn't provide us with the recording they instead asked us to liaise with our solicitor ( even he didn't receive anything)