# FLR refused for TOEIC English Language Test



## lorocator (Oct 9, 2013)

OK guys first of all I feel frustrated about this whole process, we've done everything by the book, got my fiance visa, then got here, we had a lovely wedding with family, waited to apply for the FLR(M) without working, which I find annoying but we respect the process.

- We booked a FLR(M) premium appointment and they kept the papers because they had issues with my English TOEIC test , wait 3 weeks and then send me the papers and refuse the application because of that.

- I just read that this ETS TOEIC test provider is not longer approved since April 2014, but I took this test back in July 2013 and how was I supposed to find out that was no longer available if my Fiance Visa was approved by July 2014 using the same Certificate and even other language test providers here in the UK didn't even know that.

- It says I'm not entitled to appeal this decision and that I still have leave to remain until January 2015.

1- First question, would it help to take another english test?

2-How I appeal if it says I can't, or can I make another application with a new english language test certificate?

3- WHAT CAN WE HONESTLY DO?


This forum has been always a life saver and of great help for everyone.



Thank you very much for your help.


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## nyclon (Apr 3, 2011)

Take an approved English test and reapply.


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## topo morto (May 24, 2014)

Sorry to hear about this. We too could be in this position were it not for luckily reading about it on a blog. We then did a GESE test before applying for FLR(M) - booked with just a couple of days notice and result received within a couple of days.


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## lorocator (Oct 9, 2013)

nyclon said:


> Take an approved English test and reapply.


Thanks nyclon, well if that's possible is a kind of relief, we lost £1,000 because they couldn't at least warn you in the application form. 

Well if you have any more suggestions please let me know.

And Topo_Morto lucky you, and I hope that many people who still haven't applied see my post and at least I become a help for them too.


THANK YOU VERY MUCH.


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## KHP (Oct 25, 2012)

How frustrating! My husband also took the TOIEC because it was the only English exam available in Guatemala City. Luckily he got his spouse visa last November. Although, I regularly check updates about immigration rule changes and I didn't see anything about the definitively excluding this test in July 2014. They should really make it more obvious when they change things like this if they're going to refuse visas such as yours on this basis.

Yes, the only thing you can do is take a new English test from the approved list and re-apply. Good luck.


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## topo morto (May 24, 2014)

In an ideal world, for every fiancé(e) visa they granted based on the TOEIC after the decision was made, it would be nice if they had stuck in a little note warning of the impending discontinuation. At the very least they could have made a note of the forthcoming status change of this test on the list of approved tests on the website as soon as they'd made the decision, but it doesn't seem they did so until 19 August.


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## Joppa (Sep 7, 2009)

It's up to each applicant to familiarise themselves with the up-to-date rules and requirements, and not for Home Office to draw their attention to them.


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## topo morto (May 24, 2014)

People can't do that if the Home office doesn't keep the rules and requirements they publish up-to-date.


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## Joppa (Sep 7, 2009)

They do, except that they are often buried deep and not easy to access. They can't use unpublished rules to deny an application except in a few cases they can use their discretion.


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## topo morto (May 24, 2014)

hmm, seems I was wrong.... looking at https://www.gov.uk/government/publi...g-for-uk-visa-approved-english-language-tests on "wayback" it actually does seem like they did update the approved list sometime in July, not in August as I has thought. It was just not very clear to me from their own page history.


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## Joppa (Sep 7, 2009)

If they deny an application citing a rule unpublished at the time of application, administrative review will overturn their decision.


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## topo morto (May 24, 2014)

Good to know I guess


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## ALKB (Jan 20, 2012)

topo morto said:


> In an ideal world, for every fiancé(e) visa they granted based on the TOEIC after the decision was made, it would be nice if they had stuck in a little note warning of the impending discontinuation. At the very least they could have made a note of the forthcoming status change of this test on the list of approved tests on the website as soon as they'd made the decision, but it doesn't seem they did so until 19 August.


There was no impending discontinuation - in February 2014, organised immigration fraud using TOEIC was discovered and Tests taken within the UK were pretty much immediately disqualified.

Later on TOEIC seems to have been removed from the list altogether.


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## topo morto (May 24, 2014)

ALKB said:


> Later on TOEIC seems to have been removed from the list altogether.


That seems to have happened on 1 July - presumably foreseeably so, after the February events.


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## lorocator (Oct 9, 2013)

I understand and all have valid points, but also there has to be some consideration. 

When I submitted my FLR application form because I was just recently granted a Fiance Visa (July 14) using a TOEIC English Test Certificate (which at least mine was legitimate). I normally and wrongly assumed that the same language certificate would be acceptable a couple of months later. 
It's true they updated that now I checked on the webpage in the link for English Test Providers right at the bottom but I don't think is quite visible as something this important should be. 

And at the end am not asking them to accept the test I provided but at least to be sensible, put the application on hold and give us time to present a valid one or at least give us right to appeal. 

We meet every other requirement which I think should at least count for something. 

That's what annoys me about this process, they don't deal with you as a person but as a number. 

Thank you very much for replying so fast.


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## Joppa (Sep 7, 2009)

But by depersonalising the process, they can be seen to be treating every application the same and without discrimination.


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## topo morto (May 24, 2014)

Consistent rules are not necessarily a bad thing but it's possible to be both consistent and still take account of human nature - 
for example by allowing an opportunity to amend an application that has fallen foul of recent rule changes.

Also, the process itself could be a bit more precise. Many of the forms deal with a variety of situations and require the applicant to look elsewhere for information as to satisfy particular requirements. 
if the forms led you through things a bit more (e.g. if the flr(m) form itself had the list of approved docs), there would be a lot less room for confusion and the mods here would have a lot more free time!


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## Joppa (Sep 7, 2009)

You can't have a list of required documents except in the most general terms because each application is unique and deals with a different set of circumstances. The danger of publishing an approved list is that people will mistakenly think that supplying all of them will meet the requirement and guarantee their visa, which does not. Also assessing an application isn't a precise science and there is an element of judgement involved on the part of ECO. So there is no alternative to preparing your application thoroughly, using your best judgement and seeking the advice of experienced practitioners. Hence the need for this forum.


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## topo morto (May 24, 2014)

Sorry, I meant 'if the FLR(M) form had the list of approved _tests_' (English tests) - my point being that the less people have to hunt around across multiple sources of information for the information they need, the less scope there is for error. Another example would be Annex 1.7 - there's key information in there that really should be in the FLR(M) guidance notes.

While every application will be individual and doubtless assessed as such, there is a core list of documents for a given applicant that is required and without which the visa is not going to be granted - English test being one of them. That list isn't the same for everyone - some don't need an English test, for example - but there's still a finite degree of conditional logic involved in deciding what the correct applicable 'core' list for a given applicant is, which is where better-designed forms could help.

As it stands - yes, this forum is very necessary, and thanks again for all the work you do.


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## lorocator (Oct 9, 2013)

Updating my situation here, and I am more confused than ever before.
Right after my refusal with no right to appeal we went to consult a politician and been waiting for a while to see if he/she can help us making our case be noticed.

Because my visa Expires on January 2015 we were thinking about making a second application by next week. 

The weird thing happened today, I got a letter from the Home Office in Sheffield where it says:

"We are satisfied from the information you have provided that you meet these requirements and you have been granted leave within the Immigration Rules under D-LTRP 1.1 of Appendix FM ...."

"We have endorsed your biometric residence permit with limited leave to remain in the United Kingdom initially for 30 months"

"I am returning the enclosed passport(s) and other documents which you provided in support of your application. A Biometric Residence Permit(BRP) will be sent to you under separate cover. You should receive your permit(s) within 7 working days"


SOMEONE please explain, I was first refused for providing a test that unknowingly to me was not valid anymore. About three weeks later I get this letter saying my BRP was granted and that I should get it soon.

I don't know what to do know, we were prepared to reapply soon but you think they just reconsidered my case and just approved the permit? If that's the case they should have mentioned something about it.

It makes me feel like one Home Office refused my application and another one granted me the BRP.

What should I do know? wait and see if my BRP arrives and forget about it? or investigate and check whether or not the first letter of refusal can affect me in the future?


Thank you very much for your help expats.


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## isla88 (Oct 10, 2014)

Sounds like perhaps your MP helped out? Congratulations though! Sounds like something to be happy about! 

I've heard of a couple of cases where with an MPs involvement things have made a rapid improvement..


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## Joppa (Sep 7, 2009)

Yes, they are issuing your BRP with 30-month leave, as you requested. So just wait for your passport and supporting documents, and for your BRP which will arrive separately. 
Home Office do have a separate office dealing with queries/intervention from MPs.


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## lorocator (Oct 9, 2013)

I don't know if it was the MP intervening or not, because as yesterday we received an email saying that they were still dealing with the case and that it might take several weeks to process, but whatever it was I am getting happy as it sinks in but it's not easy after this long process you kind of give up.

I already have my passport and all other documents that I received 3 weeks ago, I am assuming my passport didn't need to get stamped and that the BRP it's a completely different document. If my passport needs to get stamped what should I do?

Will keep you updated. 

Thank you very much! Yeaahhh!


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## Joppa (Sep 7, 2009)

Nothing is entered into your passport any more, so your BRP is the only document with details of your leave. Take both together when travelling.


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## lorocator (Oct 9, 2013)

Thanks Joppa. Will do.


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## lorocator (Oct 9, 2013)

New Update my BRP just arrived! Exciting news for us and our families. 
The only thing I'm quite concerned is that my Full Name is not in proper order in the card, it's arranged like this:

Second Surname
First Name Second Name First Surname 

It might be a matter of space I presume, and expect it won't be a problem.

Thank you very much for all your help. Hopefully other people can find these thread helpful to their own cases.


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## Joppa (Sep 7, 2009)

Yes, this often happens with Spanish-style naming convention with paternal surname followed by maternal surname. Nothing to worry about, as all the names are listed on your passport.


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