Victims of ETS Scam

Following the revelation from the Panorama Program in January, the UKBA has commenced a mass scale of rounding up of Students who took their test from ETS.

People are being detained, removed and in some cases finding out their variation has been refused.

There is one standard refusal in all cases.

The Tribunal has made a worrying finding that these victim can appeal from Overseas, which i find very disturbing.

http://www.bailii.org/uk/cases/UKUT/IAC ... 9_iac.html

I want to get the views from people who have been affected by this, what steps they are taking to assert their right.

A large amount of people would have undertaken genuine test.

It is wholly wrong to refuse the whole lot of applicant, simply because few people messed up.

My friend is also suffering due to this scam. he got letter and straight away he wrote pre action letter to HO and his solicitor said after that they will go for G.Re but the fact is he went itself for exam and did it genuinely and same time he got 6.5 score in ielts speaking as well 54 in PTE(pearson Test of English). He used ETS last year for his degree and it also completed(MBA). According to the present situation of UKBA we do not know what will be their decision because they are treating to every one as same. Any suggestion will be appreciated.

If he has good solicitors working on his case, then fine.

If not he should seek one immediately.

If he has difficulty finding one, let me know.

The UKBA are currently refusing people at the stage of new application, or rounding them up.

He needs to take action.

UKVI are targeting anyone who took exam with them, irrespective of whether or not they were guilty of any wrong doing.

There is a standard refusal.

Obie wrote:If he has good solicitors working on his case, then fine.

If not he should seek one immediately.

If he has difficulty finding one, let me know.

The UKBA are currently refusing people at the stage of new application, or rounding them up.

He needs to take action.

UKVI are targeting anyone who took exam with them, irrespective of whether or not they were guilty of any wrong doing.

There is a standard refusal.

We already find a one solicitor and he put an application to UKVI how we can know who is good or not. what do you thing we can rid off this facing scam because it is spoiling all life when anyone is good in education and had two masters degrees? what do u mean standard refusal? we are ready to go at the end until wipe off this allegation its really disrespect.

Last thing is we go letter for temporary admission notice and UKvi said him to go specific center to sign but first attempt he does not go because lawyer said you need to miss it because application just forward so it will take time to come in system. so my question is is it right ? or if he go then he can retain ? what is your opinion ?

Hi did my ETS in 2012 which is already expired. Now I'm goin to do my extension by using Pearson or ESOL by December. Will HO refuse me for expired ETS or will they grant me visa.
PS: thinking to go to one day service.

Any advise

Regards.

Hi Geeth I do not think so you have any problem that is good it get expire and you can see they write on your result sheet.. ETS can't validate it after 2 years so they can not provide you any false reason.. consulate your consultant and lawyer before going to apply for more info... wish you best luck

Unfortunately UKBA are targeting both past and present beneficiary of ETS.

They are claiming they used deception in a previous application and hence face an automatic ban.

That is my major concern.

They can simply ask all this people to re take their exam again, but rather than that, they are simply refusing , rounding up and detaining people.

I want to share some useful information on TOEIC issue.

I work for a private college which is suspended because UKVI claimed that few of our students (who were recruited in 2012 and 2013) have obtained the toeic certificate fraudulently at different test centres. UKVI has given us a list of these students who are divided in two categories.
1. Invalid Certificates - ETS has confirmed UKVI that these certificates are now withdrawn by ETS
2. Questionable Certificates - ETS has confirmed UKVI that these certificates are questionable

We asked UKVI the following questions:
1. What does Invalid and questionable certificates actually mean?
2. How UKVI know that these certificates are invalid or questionable?
3. What about those genuine applicants who took the test by themselves in a good faith since toeic was listed under UKVI's english test list when they went for the test.

We received the following answers:
Q1 and Q2. Invalid score means that UKVI received confirmation from two sources that the applicant has taken the test fraudulently. One of the source is, UKVI and ETS played all the voice recordings of the speaking test which are saved in ETS server. If the applicant's voice has been found more than once then all those candidates result became invalid where this same voice was recorded. If someone has genuinely taken the test then his/her voice will be found only once on the particular test date. But proxy voices for those fraudulent candidates were found many times for several candidates. That's one source of confirmation which was used by UKVI to conclude that the applicant's result was invalid. we were not told about the second source.

Questionable means that UKVI received confirmation from one source only.

3. UKVI has confirmed that vast majority of candidates who took the test genuinely in good faith will not be affected if ETS confirms the result as valid by checking the voice recordings and other verification checks.

We have found a number of TOEIC students (recruited by us) who were not listed under this fraudulent list because they took the test genuinely and their score is valid. Also there are many applicants who used toeic for their previous visa application (e.g. FLR(M) ) and later they applied for ILR with a different English test certificate and their application was successful. Some of those applicants posts are available in this board.

There is one more issue that needs to be addressed. I met the Principal of a College who came across a student who was confidently claiming that he took the test by himself. The student was surprised to find his name under the invalid list. The College was also surprised since the student speaks good English and his academic progress was highly satisfactory. Later they came to know that although he sat for his own test but he also took test for others as proxy. And that's why his voice recording appeared several times for a number of candidates.

The rumor that all toeic candidates are being treated same by UKVI regardless of being genuine or fraudulent and if someone has used toeic certificate previously (doesn't matter they were genuine or not) will be refused without any verification check are absolutely incorrect. There are rules and procedures that need to be followed by everyone in this country which includes UKVI. They can't make the genuine candidates a victim since they have sources available to verify the validity and authenticity of the certificate.

I hope this post will help the genuine toeic test takers who are extremely worried.

Well things are not as clear as it seems, or as UKBA makes it.

ETS are not voice expert.

However much UKBA sugarcoats their justification, it does not work for me.

In the UK, there is a rule of law, there is no Kangaroo court. If there is an act of deception, then you refuse, provide the evidence in court, and allow the evidence to be tested.

you don't simply refuse, and don't provide the victim an opportunity to defend themselves.

Put your evidence before the court, and let the court decides, and give an applicant an opportunity to argue their case.

It is the same situation with the CCL college. UKVI has this reputation of collective punishment. They sought to punish all CCL student. So they have form for this type of behavior.

I am of the believe that many innocent victims have been detained on the basis of this college, as we speak.

Voice is not DNA, it is not unique to only one individual, there is a possibility that 2 people will have exactly the same voice.

ETS are not trained to distinguish.

I am new to the forum and am posting for the first time.

My friend has a Tier 2, Minister of Religion visa that he obtained over a year ago. He was previously a Tier 4 student in the Uk. He used his ETS/City and Guilds certificate to show he met the English Lang requirements.

Today he was returning from a trip abroad and he was detained by the immigration officers at Heathrow and interviewed about his English Language test. He was refused entry and has been given temporary admission for 10 working days. He was told that voice recognition was used and it did not match the voice of the person who took the test and there is also discrepancy in the test centre used.

My friend is adamant that his test was genuine and a mistake has been made. He is under Tier 2 now and is much needed by his sponsor.

We have had some bad experiences in the past with immigration law solicitors.

Please can someone advise what my friend should do next and if he needs a solicitor and if so any recommendations for a solicitor who has dealt with a similar case before.

Was this person given an incountry right of appeal as a result of the curtailment.

If he was, then he ought to appeal against it.

I need not express further view on this ETS business.

ETS are fighting to save their back, as this is there reputation on the line, so they are out to help UKVI get as much student as possible.

Thanks for your reply. Yes he's been given an in-country right of appeal.

Can you suggest any solicitors he can see who will know how to deal with this matter? Friend is based in London (NW) .

Thanks

I am working with a Barrister friend of mine, who is currently dealing with this ETS cases in the High Court, but unfortunately i cannot put details on the open forum, as it will amount to advertising.

I am based in London area aswell.

It is a topic of immense importance and interest to me.

for as long as you friend has exercised his right of appeal he will have a right to continue working by virtue of section 3D of the immigration act 1971. His appeal will need to be filed within 10 working days though.

hi everyone

A case of my friend who don't have access to this forum
he made an application in jan 2014 for student visa with toeic which was due to expire by the end march 2014 he got the casual letter that send a new cert. so he did IELTS and scored 7.0 band all over.

HO paid visit to his house end of August he wasn't in and then he varied his app to ILR as 10 years long residency around 20 days before (as you can apply 28 days before).

Now then his college got revoked round the same time he varied his application (pretty critical case).

He wants to know the chances or what will happen BTW he received his acknowledgement letter and done his biometric

your response will be much appreciated

thanks

Your friend will need to see what UKBA says

Perhaps it will not be alleged that his test was undertaken by a proxy taker.

Thanks Obie

I will keep you guys posted and hope for the best

Obie wrote:I am working with a Barrister friend of mine, who is currently dealing with this ETS cases in the High Court, but unfortunately i cannot put details on the open forum, as it will amount to advertising.

I am based in London area aswell.

It is a topic of immense importance and interest to me.

Hi Obie. I need solicitor advice regarding ETS matter could you please send me your contact details to my email . It is my first post so no idea how to contact with forum members. Thanks

Hi
One of my cousin had same problem.

Home offfice send him a letter to detained him. Like liable to detain.

Anyways in short.

We send the Pre Action protocol ourselves and after refusal of Pre Action Protocol We did put the Jr in upper tribunal and yesterday we got confirmation from Court to serve the bundle to treasury solicitors too.

He also going every two weeks to sign in the detention center.

I wonder now case have been start. Is there any procedure we can take him off from the list to sign in detention center.
Every time he goes he gets worry probable they will detaine him but they not done so far but we never know.

Any advice or any other procedure please share.

Best Regards

I have received Tier 1 refusal letter today with limited right of appeal. in letters it says your application has been refused under 320(7B) for providing invalid Toeic result. I am really shocked to see this outcome as i spent 11 months for English preparation at Eden College International Mile End registered center for Toeic exams and paid them 500GBP per month tuition fee. I have all the fee receipts and letters sent to my home address.

I did went to test center and took test myself so how come they refused my application under deception. Can please somebody help me regarding that. thanks

Well fortunate for you, you have a right of appeal, which i suggest you should exercise.

Many supposedly innocent people in your situation are languishing in UK detention centres and chartered flights.

Thanks Obie for reply.

what do you suggest in this snerio. shall I send all the original receipts and correspondence letters with appeal. But i fear that college representative can easily deny that these documents belong to them. what shall i do if this is the situation in court.

I have been in touch with another Guy who has been refused under deception. Surprisingly he has been attending the English classes as well at Eden College international. He took test himself and he speaks English quite well. He is shocked too how his speaking part is in Proxy voice when he took test himself same as me.

I still cannot figure out how it happened. How proxies and our voices got interchanged. Can somebody come forward with any sort of possibility that can shed light on this impossible Snerio.

Thanks

At this present moment, i believe the most sensible thing to do is to file in your appeal and get as much evidence as you can to refuse the allegation leveled against you.

By virtue of Section 78, you cannot be removed, and your have Section 3C right during this period, so there is no threat of detention.

Focus on gathering any evidence you can in this meantime.

Thanks for reply.

I have already lodged appeal and have send all the receipts and correspondence letters as evidence. I have asked home office to give me a sensible reason why i spent more than 6000GBP on preparation of Toeic test at college that i could do it by paying just 500 GBP and spending a day on taking test rather than spending 11 months and wasting too much time?

I have also approached ETS and have asked them to provide Voice part of my speaking test to make it clear whether home office's claim is correct or i have been the victim of their unfair policy to treat all Toeic holders with the same Hunter.

But if it is the proxy voice, then how did college manage to change my test with the one taken by proxy. What part college played in this Snerio. I clearly remember the day when i went to college, took the all four modules same day and had my picture taken too. The proof is my picture on the Toeic test result. How the hell it happened. How can i deny it in Court. Please suggest any solution. Kindest regards

Obie wrote:At this present moment, i believe the most sensible thing to do is to file in your appeal and get as much evidence as you can to refuse the allegation leveled against you.

By virtue of Section 78, you cannot be removed, and your have Section 3C right during this period, so there is no threat of detention.

Focus on gathering any evidence you can in this meantime.

Hi Obie please shed some more light on section 78 why they cant removed you? and what section 3C says. many students are worried i am sure if you explain it will help many people including me thanks.

Once again thanks alot for posting here, we all much appriciate that....