Employers have often used the ETS – TOEIC certificates as a way of assessing the proficiency of people in the use of English in the workplace. The TOEIC tests aim to assist businesses in building a workforce which is able to communicate in English to a high standard.

The certificates can also help colleges and universities prepare students for jobs anywhere in the world. It also helps individuals to get a head start on those without TOEIC certificates.

ETS – TOEICs called into question

However, the UK Home Office has now had to act in refusing to accept the ETS – TOEIC certificate as sufficient evidence of English language proficiency. This is due to the alleged fraudulent use of the certificates by some international students.

But international students who have used the ETS – TOEIC certificates should not give up hope just yet. This is because the Upper Tribunal (which has been part of the UK’s administrative justice system since its creation in 2008) has now made judgment on the ETS – TOEIC tests and has concluded that the Secretary of State has not provided sufficient proof that people have obtained their TOEIC certificates by fraudulent means.

The basis of the Secretary of State’s TOEIC rejection case was that two people had cheated the test. However, the Upper Tribunal has found a lack of sufficient proof relating to the accusation.

The UK Home Office had already notified many UK visa holders, who used the ETS – TOEIC certificate to demonstrate adequate proficiency in the use of English, that they would be removed from the country because they had allegedly obtained their certificates by deception.

The right to appeal?

Naturally, this notification came as a huge shock to many students, particularly as they were not given the opportunity to deny the allegations in any formal way. To make a bad situation worse, many of the people directly affected by the Home Office order were issued with “Removal Directions”. This means they can only appeal the decision from abroad.

The Upper Tribunal’s ruling therefore offers a lifeline to students issued with a removal direction and it seems like the Home Office decision to withdraw student visas on alleged fraud relating to ETS – TOEIC certificates could be unlawful. The ruling makes it more likely that people will be given the chance to prove their innocence and/or to appeal the decision from within the UK.

YDVISAS specialise in all visa categories and are specialist immigration lawyers in the UK. Please contact the expert team at YDVISAS, should you need any professional help with your visa application.

Disclaimer: The material contained in this article is for general information only, and is not intended as a substitute for professional advice. Readers should seek an appropriate professional for advice regarding their particular circumstances.
Yash Dubal
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With over seven years of experience in setting up this company and advising over a thousand clients, Yash holds a great passion for the job he does and the results he wants to achieve for his clients. A man with 'In it to Win it' approach, he holds a strong acumen in terms of client requirements and getting things done with the maximum commitment providing 100% satisfaction.