Victims of ETS Scam

[waitingindefinitely]

So home office permission to appeal to upper tribunal got refused however we just got a few more days wait to see if they want appeal further (as they get two chances to appeal)

As ours is out of country human rights appeal will the ETS/TOEIC judgement which was published yesterday benefit us in any way ? Or will home office still have the audacity to ask for further permission?

[sousa020290]

Hello everyone....I passed toeic in 2011. My leave leave was curtailed due to toeic. After that I consulted a lawyer and he lost JR against toeic. I knew that when I received ukba cost order at home address only. After that I spoke with lawyer and he said he appeal 100 victims together and everybody lost by law. I realized after he is money maker solicitor . Any option for me to fight against this toeic and regularize my status while I have EU partner and child. Or home office will refuse any kind of application against toeic JR lost???

Are you not currently in the Republic of Ireland applying there on EU1A?? So what 'status' do you wish to I

****** am seeking advice not your personal query. Bloody idiot

[Tarejasi]

Hello Guys,
I normally don't write anything but read everyone's comment. Today i thought if i don't thank these people then it would be selfishness. Its been a pleasure to be a part of these chat and i have learnt a lot from the group chats. I can say this is the only chatting group always make me feel relax and comfortable because the problem i have been passing is not only me , there are lots of people are facing the same and its really nice to see they are progressing right direction. I really want to thank
waitingindefinitely,
hafeeza12,
auto_racer,
anabat22,
sarsk87,

Also i would like to share my current journey-
Applied for FLR(M) 2nd extension on july 2017 in Cardiff premium centre
Got refused same day for TOEIC
Appealed and win the case on 26th october 2017
HO asked for permission to appeal on 13th November 2017
Still waiting for the news-
NB: we will pray for each others success.
Thanks Again

[waitingindefinitely]

Aww thankyou so much I'm happy that my posts have been help to someone's at least it's nice knowing that I've helped it's those heartfelt prayers which are usually the most blessed.

Don't worry this whole ETS saga is nearly over , I dont think Upper Tribunal want to hear anymore about ETS , so rest assured home offices permission will most definitely be refused.

[waitingindefinitely]

Absolutely gutted

Home office have put in a last minute application for direct permission to Upper Tribunal

Obie/vinny if ur reading this message will upper tribunal still take on a out of country ETS case after the 4 lead ETS test case judgments ?

[Tarejasi]

Hey Waitingindifinately,
Really sorry to hear that HO applied upper tribunal. But there is a good news for you too (its just from my past experiences and few of my friends experiences), As far as i know in uk if you win in two court then 3rd one will be wining automatically. so nothing to worry. Yes it will take time but the main time consuming part already over very quick for you which is '' when HO ask permission to appeal to first tribunal'', its normally take 6/7 months but you passed that stage in one month. next process will take no more than 8-12 week including visa. Hopefully all will go well.

[nabeelesn]

Hello Guys,

The decision which came out on 05 Dec 2017 for the Court of Appeal regarding in-country right of appeal for students with TOEIC Certificates is major development and good news. I wish everyone good luck. Who so ever is stuck with TOEIC can now final move on in life.

This was my lead test case, if anyone needs help and support, please do not hesitate to contact.

Good Luck
N

[nabeelesn]

Hello everyone....I passed toeic in 2011. My leave leave was curtailed due to toeic. After that I consulted a lawyer and he lost JR against toeic. I knew that when I received ukba cost order at home address only. After that I spoke with lawyer and he said he appeal 100 victims together and everybody lost by law. I realized after he is money maker solicitor . Any option for me to fight against this toeic and regularize my status while I have EU partner and child. Or home office will refuse any kind of application against toeic JR lost???

Yes it is possible following the recent decision on 05 Dec 2017

[nabeelesn]

Absolutely gutted

Home office have put in a last minute application for direct permission to Upper Tribunal

Obie/vinny if ur reading this message will upper tribunal still take on a out of country ETS case after the 4 lead ETS test case judgments ?

No they haven't appealed. they have accepted the decision.

[CR001]

@ nabeelesn - the relevant links have already been posted by moderator 'vinny'.

People accused of TOEIC cheating have in-country right of challenge > Ahsan v The Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009 (05 December 2017)

[waitingindefinitely]

Absolutely gutted

Home office have put in a last minute application for direct permission to Upper Tribunal

Obie/vinny if ur reading this message will upper tribunal still take on a out of country ETS case after the 4 lead ETS test case judgments ?

No they haven't appealed. they have accepted the decision.

Hello thanks for your reply however I'm slightly confused , my husband was denied in court try right of appeal in 2016 so they sent him back to Pakistan and told him to re submit which we did , that application got refused and we appealed the refusal this year , we won at court however home office won't leave us alone

Home office asked for permission to appeal from first tier tribunal howver they refused home office and now we got notification that they now are asking permission from upper tribunal , what will happen I'm hoping their permission gets refused because the courts made it clear that of out of country ETS cases is unfair

[anabat22]

[quote=nabeelesn post_id=1571383 time=1512744143 user_id=184767]
Hello Guys,

The decision which came out on 05 Dec 2017 for the Court of Appeal regarding in-country right of appeal for students with TOEIC Certificates is major development and good news. I wish everyone good luck. Who so ever is stuck with TOEIC can now final move on in life.

This was my lead test case, if anyone needs help and support, please do not hesitate to contact.

Good Luck
N

Hi Nabeelesn

Thank you for offering your help.

As per my understanding the decision was about in country right of appeal (either the application refused because of TOEIC or any other reason). So, what will be the next step from now after winning in the Court of Appeals. Please can you brief what solicitor has advised?

My Tier2 was refused in November 2016 due to TOEIC despite the fact that I never used in any of my application. In first refusal UKBA agreed that I never used the test but still they refused. But later stage in JR grounds they allege that I have used the test with my Tier2 application.......which is absolutely an allegation.

Now, last 5 months I'm waiting for my transcript of judgement to just sign from UT (via external company) I'm sure you are aware of this procedure. Once I will get that signed judgement then Court of Appeal decided to allow the permission or not.

Please any advise would be appreciated!

Regards

[waitingindefinitely]

Happy New year to all forum users,

Anyone have any updates ?? Am still waiting to hear whether upper tribunal are going to grant home office permission to appeal further , I expidited my case just before Christmas and I was told the judge has received my expedite request any idea how much longer I could be waiting ?

[sam82]

my ILR application was refused based on ets toeic in 2016 then eventually appeal was allowed in FTT 4dec 2017(Ho didn't challenge the decision), now I'm hoping to get ILR soon, just wonder if I apply for naturalisation after one year will they again reject my application for the same Toeic allegations?

Thanks

[elaineyorke]

Hello everyone
Happy new year to all of u.
As you know we had a court hearing on this issue on 4th Dec.

Well we got court decision on 2nd of January.
Appeal is allowed on human rights ground and fee awarded.
Judge wrote 22 paragraph with every single point included our human right's and regarding ets.
Judge dismissed Peter and Rebecca general
Witress statement against this toiec ETS which home office bringing against every single toiec case.
Also judge mention that my husband speak fluent English .
and lot more other points.
Now hoping for best as we are fighting since 2013.

[Bucks_lady]

I hope everyone has a good luck in all toeic case. I wonder why some case take only a year from refusal to get to the hearing date, but some can take years?

[Anas786]

Hi Elaineyorke,
Congratulation
I hope this new year will bring good news for all of us who fighting for ETS/Toeic

Thanks for sharing the outcome of your case here.

Please can you share the link of the full judgment here so it will help us.

I had oral hearing on 4th Dec 2017, application accepted for JR but still awaiting for detailed judgment to apply for JR.

Thanks
Anas

[anabat22]

Hi elaineyorke

Many many congratulations, if I'm not wrong have you won at FTT stage? Please share a link where we can find the full decision.

Regards
Ana

[waitingindefinitely]

Congratulations Elaine , have they asked for your passport yet ?

[elaineyorke]

Dear waitingindefinitely.
My husband passport is already with them since 2014 Feb when we applied spouse visa.it was refused on toiec and financial requirement.
In September 2014 court hearing on toiec issue
Which we won and court order to reconsider our case and send new decision letter.
And then home office took 17 months to reconsidered this but after two officers visted at home to interview my husband on toiec .
On their investigation report my husband went Colwell college Leicester for this course but my husband explained he never went Leicester he went east London for the toiec test .
Two days later

Officers made report my husband is not guilty and there is no evidence to implicate him in the fraud occurring in the college at present.
Then home made another refusal letter
Saying toiec appeal sep2014 is allowed but refusing my husband on my financial requirement with roa.
Means there is no allegation on him related toiec these are home office wording when they lost their battle.
And then we put fresh application in 28 days grace period as we were dead sure this time we will success because I was earning more than 25k plus trinity college new course .all requirements were complete we were happy .
We applied by premium route on December 2016 but didn't get decision same day only get letter that our application is valid but need more time to make decision.
Then week later decision came
Saying application is refused because my husband done toiec by deception with in country right of appeal.
4th of December last month we had court date.
We been asked all questions about English why done course what was in course why in London and what is proof that husband went London not the Leicester and why I can't go with him and live there.
In our statement we mention every single point including his bank statements showing that bought train ticket for London plus tesco store food transaction of same day and that tesco is located right front of testing centre.
Also my husband was giving his oral statement in the court and answering to judge and explained whole situation.
In court decision judge confirm that she not agree that I should go n live there as I'm not aware of culture don't know lingo and also not Muslim and I have my house and my two longstanding jobs.she also reject Rebecca and Peter witness statements as in these statements there is no direct refrence of my husband or his college they just general statements .
Also she made clear that my husband speak fluent English and our relationship is genuine and there is no doubt ....
Appeal is allowed on human rights ground .
I am very sorry if still missing anything lol.
We are here if you need ask anything .
Let us know how you can make contact with me or husband .
But please keep follow rules of this forum.
Many thanks
Elaine

[elaineyorke]

Please guide me how I can share the link .

[waitingindefinitely]

Good Morning Elaine


Many thanks for your detailed informative post I understand now , Many congratulations to u and ur husband.

The judge also cleared our ETS allegations too however I'm assuming because my husband is out of country that's why they are taking longer.

Regards to posting a link , you simply copy and paste the link

[elaineyorke]

Where I can find links ?

[simple_rao]

Hi Everyone.
I would like to share my experience. My partner submitted LIR application in 2015 as British Citizen Spouse and got refusal in 2016 due to Toeic and FT appeal hearing was in August 2017 on human rights basis. Decision letter of successful appeal received in Sep 2017. Today my lawyer called and gave a good news that he received Settlement Biomatrics card. But Passport and documents not received yet, hopefully that will be receive soon. So, BRP received After 4 to 5 months of successful appeal. Hopefully it will give a hope to people who are suffering and waiting for a good news. We suffer 2 years and finally got. My lawyer was worried about visa and he also discussed with judge. Judge said appeal allowed on human rights basis and its up to home office may give human rights visa of 24 month or ILR. Finally we got ILR. Please keep update this forum when you get your visa because I search for so many days to check the timeline. it help people to calculate there time frame. I will update when I will receive Passport and documents. Wish You good luck.

[elaineyorke]

Good Morning Elaine


Many thanks for your detailed informative post I understand now , Many congratulations to u and ur husband.

The judge also cleared our ETS allegations too however I'm assuming because my husband is out of country that's why they are taking longer.

Regards to posting a link , you simply copy and paste the link

Hi waitingdefinitely
Today we got letter from court that home office asked for permission to appeal to the upper tribunal.
Please anyone tell us howhat easy for them to get permission.
As it's disappointment for us today.