SET(M) (2yr) - Rejected (wrong ESOL sent by accident)

[morleyaxis]

Hi can anyone help with the following:
an ordinary SET(M) application was put in under the old rules (after 2 year probationary period). An inexperienced caseworker put in an ESOL level 2 by accident. The person had a level 3 ESOL but it was not included. The Home Office refused for not satisfying the English requirement - without appeal rights. The Caseworker asked for a reconsideration saying the HO should have written back saying there was a document missing, and sent them the omitted level 3 certificate. However this was rejected by the Home Office who said,

"your client had enclosed a document to satisfy the speaking and listening requirement, albeit not the correct level. There was no indication that a document had been omitted or was missing and no requirement on UKVI to request any further documents to be submitted".

The HO are now saying that a new application must be submitted i.e. with another £1093 application fee.
Is there any way to challenge this? Any suggestions greatly appreciated.

[WR1]

Which case worker are you reffering to? Is this an agent/immigration adviser who submitted the application on your behalf?

The onus is on the applicant to ensure they submit all the correct documents. Unfortunately, the "case worker" you refer to has made a major mistake and I would be complaining to them (why was an ESOL Entry 2 document even there in the first place and where was the Entry 3 document?). Without appeal rights, I can't see much else that can be done other than a reconsideration or review which you have already done without success.

Now here is the bad news, the fees went up on 6 April 2015, no longer £1093, the fee is now £1500 for a ILR application.

[Obie]

Hi can anyone help with the following:
an ordinary SET(M) application was put in under the old rules (after 2 year probationary period). An inexperienced caseworker put in an ESOL level 2 by accident. The person had a level 3 ESOL but it was not included. The Home Office refused for not satisfying the English requirement - without appeal rights. The Caseworker asked for a reconsideration saying the HO should have written back saying there was a document missing, and sent them the omitted level 3 certificate. However this was rejected by the Home Office who said,

"your client had enclosed a document to satisfy the speaking and listening requirement, albeit not the correct level. There was no indication that a document had been omitted or was missing and no requirement on UKVI to request any further documents to be submitted".

The HO are now saying that a new application must be submitted i.e. with another £1093 application fee.
Is there any way to challenge this? Any suggestions greatly appreciated.

Was the person given an appeal right?

[CR001]

If it is the same person in this thread below, leave expired a few years ago.

http://www.immigrationboards.com/indefi ... l#p1198193

[morleyaxis]

Obie - no the refusal letter specifically stated no appeal rights. They also rejected the reconsideration and said can only do new application. Looks like its a case of sueing the immigration agent?

CR001 - No this is a different case, although similar. But can I ask - is it still the case that if you did the 2 years prob period on the spouse visa but then overstayed, you can still apply for ILR? (because no need to have extant leave). What if you have left it up to a couple of years?