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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, I have a problem with ETS certificate which I used last

Resolved Question:

Hi, I have a problem with ETS certificate which I used last year to get visa.
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Could you kindly confirm your question?
Kind regards
Customer: replied 2 years ago.

Hi

The UKBA issued visa last year with my ETS certificate and last week they send me your ETS is not genuine(proxy test speaking) and reason for that I have to leave ASAP. The problem is I took the test and completed level 6 (degree) after that.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Could you please confirm if you did indeed take the test?
Could you also confirm if a right of appeal has been given?
Kind regards
Customer: replied 2 years ago.

Yes I did the test

No, right to appeal in UK only outside. I also applied for another HEI for Master. My deposit paid and they issued CAS letter already.

Two and half month before the ETS test I had another one which is good score of English 7,0. speaking. I have no idea how do they come up this decision for deception. I have contacted ETS but unfortunately they are NOT giving for individuals my voice result whatever happened with this case.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
If you have not used a proxy to undertake the test for you then your best way to proceed with this would be to firstly apply for judicial review, you would need to consult a solicitor for this and it can be expensive.
A judicial review is submitted when no right of appeal is given, this allows the applicant to get a decision reconsidered by the home office. The solicitor will write to the home office asking them to reconsider their decision or provide proof that your exam was taken by a proxy, the home office will need to reply in a certain amount of time, if no satisfactory reply is forthcoming, then the solicitor will apply to the high court to have the decision juridically reviewed.
What you need to do is put the home office to proof asking them to provide all evidence in relation to your test, they are the ones who wish to remove you from the UK therefore they should have the evidence required for your test being undertaken by way of proxy.
I am aware the most applicants have been getting this letter through the post regarding ETS examinations, provided they have not taken a test by proxy they have nothing to worry about and the onus is on the home office to prove their case.
The only issue is that you have to do this through a solicitor and can be expensive.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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