The Home Office has updated its staff guidance on Educational Testing Service (ETS) English language test cases, adding a table of actions after appeals and judicial reviews and a new instruction on implementing ETS appeals.
Key facts
- Who: People whose applications were refused or whose permission was cancelled over alleged deception in an Educational Testing Service (ETS) English language test, and who have appealed or brought a judicial review.
- From: Already in force (guidance updated 13 April 2026)
- Source: Educational Testing Service: caseworker guidance
The guidance is written for Home Office caseworkers. The main instruction was updated on 13 April 2026 (version 6.0), and a new stand-alone instruction, "Implementing appeals", has been added (version 1.0). Both were published for Home Office staff on 10 April 2026. Some sections are withheld as restricted for internal use.
What the guidance now says
The new instruction stresses that not every ETS-related appeal is allowed because cheating in a TOEIC test was not proven. An appeal may be allowed on human rights grounds alone, while the judge still decides whether the appellant cheated.
A new table sets out the action for each combination of result:
- Both human rights and ETS deception dismissed (in-country): the person is subject to removal and must be instructed to leave the UK.
- Human rights dismissed, ETS deception allowed (in-country): 6 months' limited leave outside the rules, if the ETS allegation was the only ground of refusal. The person must then apply to extend under a category of their choice or leave. Switching category in-country must be allowed exceptionally.
- Human rights allowed, ETS deception dismissed (in-country): 30 months under the Exceptions paragraphs of Appendix FM. Suitability continues to be treated as not met, which places the person on the 10-year route to settlement.
- Both allowed (in-country): 30 months under the Exceptions paragraphs of Appendix FM.
- Both allowed (out-of-country): the 30 months is implemented once the person has returned to the UK, with the appropriate Entry Clearance Team liaising.
- Human rights dismissed, ETS deception allowed (out-of-country): a free entry clearance application once the person has identified the most suitable route to return.
Where an indefinite leave to remain application was made, the appeal was won on both ETS and human rights grounds and all requirements of the route are met, the guidance says to proceed to grant it.
Background
The guidance relies on the Upper Tribunal decisions in DK and RK v Secretary of State for the Home Department [2022] UKUT 00112 (IAC) and Varkey & Joseph v Secretary of State for the Home Department [2024] UKUT00142 (AIC). It says these found the ETS evidence generally reliable, although an appellant can still rebut an allegation with more than a bare assertion of innocence.
It also covers enforcement. Where an appeal or judicial review challenging ETS deception has been unsuccessful, the finding of deception should be maintained.
What this means for people affected by ETS allegations
The guidance shows that the result on the ETS allegation and the result on human rights are treated separately, and that the combination can lead to different outcomes, including the length of permission and whether a person is on the 10-year route to settlement. The guidance is directed at Home Office staff and describes how they are to implement outcomes in general.