Expat Forum For People Moving Overseas And Living Abroad banner
Status
Not open for further replies.
1 - 3 of 3 Posts

·
Registered
Joined
·
66 Posts
Discussion Starter · #1 ·
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.
 

·
Super Moderator
Joined
·
5,194 Posts
If they went through an immigration agency and the agent put the wrong document, I'd go after the agency for the cost of a new application fee, as it was their error that the visa was refused.
 
1 - 3 of 3 Posts
Status
Not open for further replies.
Top