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Successful TOEIC ETS Appeal

TOEIC/ETS Appeal Allowed by the Immigration Judge at First – Tier Tribunal Immigration and Asylum Chamber

Mr. P was the spouse of British person and settled in the UK. He was in a happy marriage and from this relationship he had a child who is British.

Sadly, Mr. P’s wife passed away, and he became the sole carer for his child. He now took on the role as father and mother for his child. This tragedy was life changing for Mr P and his child.

Application For ILR as Bereaved Partner and Parent of a British Child

Following the death of his wife, Mr. P made an application to UK Visas and Immigration (UKVI) on the grounds that he was a Bereaved Partner and should be granted Indefinite Leave to Remain in the UK. Despite his tragic circumstances and being the sole carer of a British child, UKVI unsympathetically stated that he could leave the UK with the child, and he did not meet the requirements of a Bereaved Partner because he used TOIEC/ETS in the past. This was a baseless allegation, and Mr. P vehemently denied that he cheated or used a proxy in his previous applications regarding his English language skills.

Home Office Refusal Breached Human Rights

Mr. P appealed to the First – Tier Tribunal Immigration and Asylum Chamber because the decision breached his and his child’s human rights and he should be granted Indefinite Leave to Remain in the UK.

A Y & J Solicitors assisted Mr. P in preparing his appeal and dealt with the false allegations made by UKVI that he had used a proxy taker to undertake the ETS test. Mr. P provided a certificate that showed he had passed an Entry Level Certificate in ESOL Skills for Life (Speaking & Listening, Entry 1) at Trinity College London and obtained overall band 6 in his IELTS test. We also instructed a highly experienced Counsel to represent Mr. P at his appeal.

Our Legal Arguments and Good Appeal Preparation Convinces FTT Judge to Issue Favourable Ruling

Within a week, Mr P received a positive decision from the FTT Immigration and Asylum Chamber.

Within a week, Mr. P received a positive decision from the FTT Immigration and Asylum Chamber. The FTT concluded that as Mr. P was the parent of a British National child, it would be unreasonable for them to leave the UK, as this would mean taking away the right of a British national child to reside in the UK.

Furthermore, the First-Tier Tribunal Judge concluded that based on the evidence submitted before the appeal hearing and the finding that Mr. P was truthful and credible, Mr. P did not undertake a false English exam and so the allegation of UKVI was baseless. The First-Tier Tribunal Judge also directed that UKVI reimburse Mr. P for submitting his appeal against their negative decision.

After everything he went through, Mr. P can now devote his time to his child as a caring and focused father. If you have been affected by a negative decision by UKVI, contact A Y & J Solicitors. We’re here to help.

A Y & J Solicitors

A Y & J Solicitors is a multi-award winning, 10+ years experienced, recommended by Legal 500, boutique UK immigration law firm based in Central London. We have been very successful in assisting 4000+ clients, including those who needed Global Talent Visa, Sole Rep visa and Tier 2 Sponsor licence, with a trust rating of 4.9/5 based on 700+ reviews on TrustPilot & Google. The experienced team at A Y & J Solicitors is known for its client focused service, honesty and our ‘In It To Win It’ approach. We consistently deliver results that exceed clients’ expectations by providing expert advice, regular communication, and optimal, individualised results. For every area of individual and business immigration needs, A Y & J Solicitors has a proven track record and is happy to assist you.

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