ILR Refused Due to TOEIC: Alleged Deception under the Immigration Rules
Recently a number of ILR applications have been refused because of TOEIC exam deception under the Immigration Rules.
What is TOEIC?
The TOEIC is a certification process that is used to determine the proficiency in the English language. It is used mainly by individuals who wish to obtain a Tier 4 Student visa.
In February 2014, the BBC Panorama programme revealed a high level of irregularities at the TOEIC centres, which showed how fake sitters would replace the actual candidate in order to pass the test for money.
What was the result of the scandal?
As a result of the uncovered systematic fraud by the BBC programme, it was estimated that around a thousand candidates passed the exam using this dishonest method.
The Home Office cancelled several ILR applications of applicants who attended the ETS-TOEIC test and stopped accepting TOEIC pass certificates for visa applications.
Around 48,000 students on a Tier 4 Student visas were served with “Removal Directions” ordering them to leave the UK and their studies.
How is the scandal affecting ILR applications?
The repercussions are still affecting a significant number of people.
The Home Office has also refused and cancelled a significant amount of ILR applications, one of the most common grounds being deception by applicants when submitting their ILR application.
In order for an application to be considered deceptive, it must have an element of deliberate dishonesty, as stated in the Immigration Rules.
Challenging a refusal
A considerate amount of Tier 4 Student visa holders who were issued with Removal Directions because of the alleged fraud around the ETS-TOEIC certificates appealed against the decision based on the fact that there was no element of deliberate dishonesty.
An allegation of deception can therefore be challenged by an applicant who is denied ILR based on circumstances surrounding the ETS-TOEIC scandal.
How can NA Law help you?
In all circumstances, cases of deception are extremely complex.
The type of challenge will always depend on the decision that is being challenged. In certain circumstances, for instance where it is a refusal of an application that carries a right of appeal, the allegation of fraud can be challenged by appealing the decision. For all other decisions, the route of challenge is by way of lodging a judicial review claim. In any event, there needs to be a decision from the Home Office to prompt a challenge.
Our team of specialist immigration solicitors are here to advise you on the best course of action if your immigration status has been affected by the ETS-TOEIC scandal.