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UK_Lawyer, Solicitor
Category: Immigration Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My visa has been curtailed due to Toeic issue. I was

Customer Question

hello My visa has been curtailed due to Toeic issue. I was under Tier 4 Student since 2007-2014 and switched to Spouse Visa (FLR m) on August 2014. I received a letter from East Midland Reporting centre on 20th May, that letter was re-direct from my previous address, that letter was sent out on 8th May. The content of letter was asking me to do the report, I don't know what happened, and went to reporting centre next day which is 21st May. and the officer told me my visa has been cancelled as I provided false document on my previous application. I took Toeic exam on Dec 2011, and used that certificate to renew my student visa on Nov 2013. But when I submitted GESE TRINITY language certificate for my spouse visa. Also the officer told me there is no record of my spousal application. I thought I heard something wrong. My wife tried to contact our local MP. MP confirmed with home office, that there is no record of my spousal visa through also the leave to remain was cancelled by home office. Home Office did sent a letter to me on 30th March, but I did not received it. and just get the copy from Manchester Curtailment Team on 5th June. Now I decide to lodge Judicial Review, but I was worried about it. It would cost me alot. or my friend advised me go back to my home country and re-apply for leave to remain as spousal but I was worried about refusal. Can you please help me and give me some suggestion please.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.
Never mind, please cancel it
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Do you still require assistance?
Kind regards
Customer: replied 2 years ago.
yes please
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Could you confirm what you mean by you were issued with a spouse visa and then the home office stated that they had no record of it?
Kind regards
Customer: replied 2 years ago.
yes, Home Office did not keep our detail up to date
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply. I apologise for delay in reverting back to you.
I think you may wish to lodge a judicial review because if the home office do ban you due to your TOIEC then you may not be able to return to the UK very easily. Because you are already in the UK i guess this makes things easier for you as you can remain in the UK with your partner whilst the application for Judicial review is being processed.
What you need to need to do is lodge an application for judicial review and at the same time request a copy of your documents from the home office by using the following link:
Also it all dependents of you did indeed take the test illegitimately, if you did then all you would have to argue is how it would effect your article 8 family life if you were removed from the UK, if you were already outside the UK then it would harder to argue. I therefore recommend that you submit a judicial review and state the reasons why you should not be removed from the UK.
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