Mr. V, an Indian national, had been studying in the UK as a Tier 4 (General) Student, hoping that the degree he obtained would help him in his future career. He had his family in the UK with him as his dependants during his studies.
In order to continue his studies, Mr. V is required to make an application for Tier 4 (General) in the UK. To secure a place in the college and to satisfy the English language requirement of the UK Visas and Immigration (UKVI), he must sit for an English language test and pass the test at the required CEFR level at one of the English language test providers recognised by UKVI. He visited UKVI’s website for a list of English language providers that is recognised by the UKVI and started to search for the earliest available date for English language test, so that it would be in time for him to obtain the test result and make a Tier 4 (General) Student application before his visa expired.
After making enquiries with a number of test centres in London for English language tests, Mr. V found an online college which provided the TOEIC test and had the earliest available test date. He booked the test and attended at the test centre on the test day to sit for the test. After passing the English test, Mr. V submitted his Tier 4 (General) Student application to the UK Visas and Immigration (UKVI).
A few months after submitting his Tier 4 (General) Student application, Mr. V received a letter from the UKVI notifying him that he was subject to deception and that there was an anomaly with his speaking test through ETS. Therefore, his application was refused with an in-country right of appeal. His dependants’ applications were also refused, but they had been given out of country appeal rights.
Mr. V was shocked and horrified because he had taken the test in good faith. He instructed us to deal with this matter. We advised Mr. V to lodge an appeal against UKVI’s decision.
We also advised Mr. V’s dependants to lodge an in-country appeal with a strong submission in relation to the jurisdiction of the Tribunal in their appeal matter. The Judge later accepted the appeal lodged by his dependants.
During the appeal, we advised Mr. V and his dependants of the stages of their appeal process. We provided a comprehensive document checklist and assisted Mr. V in gathering supporting documents to evidence that he had taken the test in good faith. We also assisted in preparing the appeal by drafting Mr. V’s witness statement, preparing the appeal bundle, submitting the bundle to the First-tier Tribunal (FTT) and Presenting Officer, and engaging an experienced counsel to represent Mr. V and his family before the FTT Judge on the hearing date.
We provided complete guidance and support throughout the process. Their appeal was allowed at the first instance by the FTT Judge. At present, Mr. V is happily continuing his UK studies, and his family is with him.