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Victims of ETS Scam

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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sarsk87
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Re: Victims of ETS Scam

Post by sarsk87 » Tue Nov 01, 2016 1:41 pm

Obie wrote:With a Child, i believe your husband's case should succeed , even if deception was employed.

Were you able to get the tapes.

I use to get the recordings, but recently ETS are saying Home Office Permission is required. However Home Office has refused to give consent.

I am surprised ETS was able to give you firm confirmation that a proxy was used. They have refused to even give me that confirmation.

Hi Obie, thanks for your response, HO said that ETC confirmation was enough for them, and they said that they do not hold the tapes and they are satisfied with that that deception was used and that we will not get the tapes. I believe the wording was the same for all TOEIC users - they have used voice detection software, used independent experts blah blah blah - satisfied that proxy was used.

I would hope a British wife and child would be enough, but sadly this doesn't seem to be the case, we have put a request for expedited hearing due to death of father but i highly doubt we will get it, and even if we do and we win HO will still apply to appeal on some made up error of law. Timescale is still looking like 12-18 months more.

Obie
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Re: Victims of ETS Scam

Post by Obie » Tue Nov 01, 2016 1:46 pm

In my experience, not all TOEIC cases are challenged. If judge provide sufficient reasoning, then they will not challenge.
Smooth seas do not make skilful sailors

Hamzah88
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Re: Victims of ETS Scam

Post by Hamzah88 » Tue Nov 01, 2016 1:47 pm

Obie wrote:With a Child, i believe your husband's case should succeed , even if deception was employed.

Were you able to get the tapes.

I use to get the recordings, but recently ETS are saying Home Office Permission is required. However Home Office has refused to give consent.

I am surprised ETS was able to give you firm confirmation that a proxy was used. They have refused to even give me that confirmation.
HO refused me over toeic ,in my second Flr(m),and I didn't even use toeic certificate in my any of visa .i have one year old son British citizen and my wife is British citizen too,I have louge my appeal but god know when I'm gonna get hearing what's ur opinion Obie?
Last edited by Hamzah88 on Tue Nov 01, 2016 1:54 pm, edited 1 time in total.

Obie
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Re: Victims of ETS Scam

Post by Obie » Tue Nov 01, 2016 1:52 pm

That is very unfortunate.
Smooth seas do not make skilful sailors

Hamzah88
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Re: Victims of ETS Scam

Post by Hamzah88 » Tue Nov 01, 2016 1:56 pm

I know I have not use toeic in any of my visa extension
What's ur opinion obie?

sarsk87
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Re: Victims of ETS Scam

Post by sarsk87 » Tue Nov 01, 2016 1:59 pm

Hi Obie,

I really hope that is the case here then! fingers crossed.

Hamzah88 - what grounds did they refuse you on then?

Obie
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Re: Victims of ETS Scam

Post by Obie » Tue Nov 01, 2016 2:08 pm

Hamzah88 wrote:I know I have not use toeic in any of my visa extension
What's ur opinion obie?
Why did they refuse you then?
Smooth seas do not make skilful sailors

Obie
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Re: Victims of ETS Scam

Post by Obie » Tue Nov 01, 2016 2:10 pm

sarsk87 wrote:Hi Obie,

I really hope that is the case here then! fingers crossed.

Hamzah88 - what grounds did they refuse you on then?
But complacency is not the right approach.

As judges are unpredictable.
Smooth seas do not make skilful sailors

sarsk87
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Re: Victims of ETS Scam

Post by sarsk87 » Tue Nov 01, 2016 2:17 pm

Oh I am totally preparing for the worst, I cannot just hope the matter resolves itself, I thankfully have a good job in the city and have contacts in the legal industry. I am using a proper legal firm, unfortunately as my husband is not working (not able to) and i have been on maternity this has been an incredibly expensive and stressful time, It makes me sad that those people ruined it for all the innocent genuine people out there. They focus in the media of just students but it is anyone that has ever gone near TOEIC who have already established private lives / businesses / careers etc. The fraudsters deserved what they got, but the blanket approach was a lazy, expensive and life destroying exercise.

I have worked in the legal field my entire career so I am unfortunately all too aware of the unpredictable nature of judges.

I would love to hear of anyone else going through similar things at the moment and where they have reached in their fight

Hamzah88
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Re: Victims of ETS Scam

Post by Hamzah88 » Wed Nov 02, 2016 9:48 pm

Sarsk87-they refused me with same reason like yours :( .But Has ur husband ever use toeic certificate and extaion his visa with toeic certificate?

sarsk87
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Re: Victims of ETS Scam

Post by sarsk87 » Thu Nov 03, 2016 8:11 am

Hamzah88 wrote:Sarsk87-they refused me with same reason like yours :( .But Has ur husband ever use toeic certificate and extaion his visa with toeic certificate?
Yeah for some unknown reason to me he used the TOEIC certificate in his entrepreneur visa application only due to his IELTS expiring. We had no choice but to apply for a different 10 year route to buy time so he was able to stay her for the birth of his son as he would obviously be unable to submit a new English test as they held his documents hence making a human rights application.

If you have never used it TOEIC in any applications how on earth did they use this against you? I'm baffled. Have you got any where with the appeal yet?

Hamzah88
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Re: Victims of ETS Scam

Post by Hamzah88 » Thu Nov 03, 2016 1:34 pm

sarsk87 wrote:
Hamzah88 wrote:Sarsk87-they refused me with same reason like yours :( .But Has ur husband ever use toeic certificate and extaion his visa with toeic certificate?
Yeah for some unknown reason to me he used the TOEIC certificate in his entrepreneur visa application only due to his IELTS expiring. We had no choice but to apply for a different 10 year route to buy time so he was able to stay her for the birth of his son as he would obviously be unable to submit a new English test as they held his documents hence making a human rights application.

If you have never used it TOEIC in any applications how on earth did they use this against you? I'm baffled. Have you got any where with the appeal yet?
I have lounge appeal around month ago but my solicitor said appeal hearing will take 8 to 10 month so waiting game now!

N Patel
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Re: Victims of ETS Scam

Post by N Patel » Fri Nov 04, 2016 1:11 pm

Hello

I just received confirmation from Home Office that they are not going to challenge upper tribunal decision in my favour for TOEIC issue .

So can I apply for my extension without passing new English test like IELTS ? or I need to give English test again for my extension for Tier - 2.

My visa expired and Home office give me time for 60 days.

sarsk87
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Re: Victims of ETS Scam

Post by sarsk87 » Fri Nov 04, 2016 8:07 pm

N Patel wrote:Hello

I just received confirmation from Home Office that they are not going to challenge upper tribunal decision in my favour for TOEIC issue .

So can I apply for my extension without passing new English test like IELTS ? or I need to give English test again for my extension for Tier - 2.

My visa expired and Home office give me time for 60 days.
congratulations! How long was the entire process from lodging appeal to decision?

Unfortunately today the court rejected our expedition request despite my husbands father passing away and brother becoming ill. looking at god knows how long until he can see his family, he can't leave indefinitely as he has to look after our baby while i work!

I would imagine that you will definitely require new English tests if you make any new application as per the requirements of that visa, as soon as you receive your passport back from home office. I am obviously not fully aware of rules etc but I am sure someone else will be able to give better guidance.

Hamzah88
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Re: Victims of ETS Scam

Post by Hamzah88 » Sat Nov 05, 2016 12:09 pm

N.Patel-R u from Gujarat India?so am I?
Sorry to ask u but can u explain what was case like and how this whole process take u to end this toeic issue?

mairyk10
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Re: Victims of ETS Scam

Post by mairyk10 » Sun Dec 04, 2016 2:21 pm

any news?

Obie
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Re: Victims of ETS Scam

Post by Obie » Tue Dec 06, 2016 9:19 pm

Smooth seas do not make skilful sailors

sarsk87
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Re: Victims of ETS Scam

Post by sarsk87 » Wed Dec 07, 2016 6:46 am

Obie wrote:DECISION IN QUADRI NOW AVAILABLE

Hi obie, thanks for this. Iv read the judgment and usually am pretty good at understanding. What I am now concerned is that with the matter where we are the appellant and the case is already at tribunal home office is being told they can't bring new evidence and effectively concede their case. However our appeal is still in early stages with no notice of hearing so other than the same rejection that qadir received does this mean home office will be able to bring new evidence in our case when it finally gets a hearing at tribunal? Not sure how else to interpret this.

London20
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Re: Victims of ETS Scam

Post by London20 » Fri Dec 09, 2016 4:27 pm

sarsk87 wrote:
Obie wrote:DECISION IN QUADRI NOW AVAILABLE

Hi obie, thanks for this. Iv read the judgment and usually am pretty good at understanding. What I am now concerned is that with the matter where we are the appellant and the case is already at tribunal home office is being told they can't bring new evidence and effectively concede their case. However our appeal is still in early stages with no notice of hearing so other than the same rejection that qadir received does this mean home office will be able to bring new evidence in our case when it finally gets a hearing at tribunal? Not sure how else to interpret this.
ETS.TOEIC.
Dear friends does anyone knows if HO will continue to refuse, curtailed, or cancelled visa cases involving with TOEIC in the past after SM/Qadir desicion.

tally80
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Re: Victims of ETS Scam

Post by tally80 » Tue Dec 13, 2016 1:02 pm

Dear Obie,

Are they still refusing ILR applications with TOEIC in their history?

My question is:

If the Main ILR SET O applicant has no toeic in his/ her history but the dependant husband or spouse has in their immigration history, would home office refuse both of them (Main Applicant and the spouse dependant- who got toeic genuinely from a college which was never blacklisted ) the ilr?

Obie
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Re: Victims of ETS Scam

Post by Obie » Tue Dec 13, 2016 1:19 pm

I don't know, all depends on the circumstances.
Smooth seas do not make skilful sailors

sah10406
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Re: Victims of ETS Scam

Post by sah10406 » Wed Dec 14, 2016 10:15 am

Nine convicted over student visa English test plot

http://www.bbc.co.uk/news/uk-38225712
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

elaineyorke
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Re: Victims of ETS Scam

Post by elaineyorke » Fri Dec 23, 2016 6:11 pm

London20 wrote:
sarsk87 wrote:
Obie wrote:DECISION IN QUADRI NOW AVAILABLE
Hello guys its elaine yorke last year i was posting about my husband English test which we won in first tier tribunel in sep 2014 but home office did not challenge that case and 15months later two people came at my door to interview my husband about his english test which went really good even one of them he told me my husband not in trouble after month later we had home office new refusal letter without English deception involving (refused on my earning). we lodged appeal and waited for court date ,now earning more than 18,600 we had a court hearing on 27th october which refused again as judge said time of submission i was not earning enough money bla bla,but we submit fresh application within 28 days grace period with all requirments,financial ,english test from trinity etc,we went in solihull birmingham 8th december on premium service ,got decision today ,my husband case refused again on english test with right of appeal in country,, stated my husband took test by deception in 2012.
Hi obie, thanks for this. Iv read the judgment and usually am pretty good at understanding. What I am now concerned is that with the matter where we are the appellant and the case is already at tribunal home office is being told they can't bring new evidence and effectively concede their case. However our appeal is still in early stages with no notice of hearing so other than the same rejection that qadir received does this mean home office will be able to bring new evidence in our case when it finally gets a hearing at tribunal? Not sure how else to interpret this.
ETS.TOEIC.
Dear friends does anyone knows if HO will continue to refuse, curtailed, or cancelled visa cases involving with TOEIC in the past after SM/Qadir desicion.

elaineyorke
Junior Member
Posts: 68
Joined: Tue Nov 29, 2016 9:52 pm

Re: Victims of ETS Scam

Post by elaineyorke » Fri Dec 23, 2016 6:33 pm

sarsk87 wrote:
Obie wrote:DECISION IN QUADRI NOW AVAILABLE

Hi obie, thanks for this. Iv read the judgment and usually am pretty good at understanding. What I am now concerned is that with the matter where we are the appellant and the case is already at tribunal home office is being told they can't bring new evidence and effectively concede their case. However our appeal is still in early stages with no notice of hearing so other than the same rejection that qadir received does this mean home office will be able to bring new evidence in our case when it finally gets a hearing at tribunal? Not sure how else to interpret this.

Hello guys its elaine yorke last year i was posting about my husband English test which we won in first tier tribunel in sep 2014 but home office did not challenge that case and 15months later two people came at my door to interview my husband about his english test which went really good even one of them he told me my husband not in trouble after month later we had home office new refusal letter without English deception involving (refused on my earning). we lodged appeal and waited for court date ,now earning more than 18,600 we had a court hearing on 27th october which refused again as judge said time of submission i was not earning enough money bla bla,but we submit fresh application within 28 days grace period with all requirments,financial ,english test from trinity etc,we went in solihull birmingham 8th december on premium service ,got decision today ,my husband case refused again on english test with right of appeal in country,, stated my husband took test by deception in 2012.

Obie
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Re: Victims of ETS Scam

Post by Obie » Fri Dec 23, 2016 9:28 pm

That sounds most distressing. Perhaps a reconsideration may be helpful. It will be nice to know the basis under which the ETS case was allowed and in which context.

They cannot continue to go behind an unappealed decision.
Smooth seas do not make skilful sailors

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