ILR reapplication after refusal - can I still use PEO?

[LaraSenna]

Hi,

I've been trying to find an accurate answer for this situation as neither the HO nor my lawyer seem to agree on this.

My husband (Tier 2 general) and I (PBS dependant) applied for ILR on the 26th September using PEO (Liverpool Premium Service centre). We had previously applied via postgal route on the 8th of August (1 month before our visas expiry date which was 14th september). As my husband had a work related travel coming soon we decided to upgrade our application.
His ILR was granted on the same day, but mine was refused because I failed to provide a valid English test (my IELTS was expired... But had previously been part of our TIER2 extension, but they said that back in 2014, they were not required to check my English skills so it was ignored) Anyway...
The caseworker herself and her manager advised that I should get the test done and re-apply asap with a fresh SET(O) (within the 28 day grace-period, since my visa was already expired on the date of the appointment). She told me that we could apply again using the Liverpool centre as they are not as busy as in Croydon and always have dates available.
After I left Liverpool (devastated) I hired a lawyer to represent me in this new application. I asked her about PEO and she said that I wouldn't be eligible to use this service. She said she contacted HO who confirmed her initial thoughts.
However I called HO myself, explained my situation and the lady said that I could reapply the same way I had done previously.
What now? Who is right?
In the list 'Who can't use this service' there's no item referring to previously refused applications
Hope someone can help!
Thanks in advance
Lara

[KhanNW]

Hi,

I've been trying to find an accurate answer for this situation as neither the HO nor my lawyer seem to agree on this.

My husband (Tier 2 general) and I (PBS dependant) applied for ILR on the 26th September using PEO (Liverpool Premium Service centre). We had previously applied via postgal route on the 8th of August (1 month before our visas expiry date which was 14th september). As my husband had a work related travel coming soon we decided to upgrade our application.
His ILR was granted on the same day, but mine was refused because I failed to provide a valid English test (my IELTS was expired... But had previously been part of our TIER2 extension, but they said that back in 2014, they were not required to check my English skills so it was ignored) Anyway...
The caseworker herself and her manager advised that I should get the test done and re-apply asap with a fresh SET(O) (within the 28 day grace-period, since my visa was already expired on the date of the appointment). She told me that we could apply again using the Liverpool centre as they are not as busy as in Croydon and always have dates available.
After I left Liverpool (devastated) I hired a lawyer to represent me in this new application. I asked her about PEO and she said that I wouldn't be eligible to use this service. She said she contacted HO who confirmed her initial thoughts.
However I called HO myself, explained my situation and the lady said that I could reapply the same way I had done previously.
What now? Who is right?
In the list 'Who can't use this service' there's no item referring to previously refused applications
Hope someone can help!
Thanks in advance
Lara

Hi,

I guess, you need to send postal application with in 28 days which is most important. The case worker may disregard this period. Once with the home office, you can try upgrade and if they accept hopefully, then you may get a decision.i believe, to be eligible to apply for a premium service, you suppose to be using the forms listed on their website. Since SET (o) form is listed, you might be eligible. Out of time application can only effect the acceptance of your request. However, I guess it may not be complicated since they can use discretion for up to 28 days.

Do you mind to tell me about the previous premium upgrade request as when you requested and when premium upgrade team came back to you telling the availability of appointments? Many thanks

[skyer]

Hi,

I've been trying to find an accurate answer for this situation as neither the HO nor my lawyer seem to agree on this.

My husband (Tier 2 general) and I (PBS dependant) applied for ILR on the 26th September using PEO (Liverpool Premium Service centre). We had previously applied via postgal route on the 8th of August (1 month before our visas expiry date which was 14th september). As my husband had a work related travel coming soon we decided to upgrade our application.
His ILR was granted on the same day, but mine was refused because I failed to provide a valid English test (my IELTS was expired... But had previously been part of our TIER2 extension, but they said that back in 2014, they were not required to check my English skills so it was ignored) Anyway...
The caseworker herself and her manager advised that I should get the test done and re-apply asap with a fresh SET(O) (within the 28 day grace-period, since my visa was already expired on the date of the appointment). She told me that we could apply again using the Liverpool centre as they are not as busy as in Croydon and always have dates available.
After I left Liverpool (devastated) I hired a lawyer to represent me in this new application. I asked her about PEO and she said that I wouldn't be eligible to use this service. She said she contacted HO who confirmed her initial thoughts.
However I called HO myself, explained my situation and the lady said that I could reapply the same way I had done previously.
What now? Who is right?
In the list 'Who can't use this service' there's no item referring to previously refused applications
Hope someone can help!
Thanks in advance
Lara

If you speak to Home Office, you may be able to still use same day service as I know some people who did it.