Re-application after refusal using PEO. Please advise!

[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 postal 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

[michali]

I think it is not usually advised to attend a PEO appointment if there are any complications or previous refusals as it means the staff have to investigate further and therefore cannot give a decision on the same day.

[LaraSenna]

Thanks for your reply. That's what my lawyer says.
But I have the refusal letter with the specific cause for refusal. There wasn't any other problem with our applications (except for the English test proof). And my husband was granted his ILR.
Anyway, I think I'll take my chances and apply using PEO

Bw,
Lara

[LaraSenna]

Just as an update

I was eligible to use PEO! Even after the initial refusal

Just got back from Liverpool with my ILR granted!

It was super straight foward: booked and paid online. Showed up 1h earlier. One person called me to check the form and if I was eligible. Then biometrics were taken. After that the case went to a caseworker who called me only to say that my application was fine and that my ILR was going to be granted.
End of the drama!