ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Reconsideration Request on EAA3 application

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
kuen
Newly Registered
Posts: 22
Joined: Mon Sep 10, 2012 12:50 pm

Reconsideration Request on EAA3 application

Post by kuen » Mon Dec 30, 2013 12:26 pm

Hi All,

I would be grateful if you could help me.

After a permanent residence application on EAA3 form for main applicant having exercised treaty rights and one dependent, the main applicant got PR, the dependent got a refusal.

We would like to send a reconsideration request and we have the following questions:

- on the refusal letter, we found a COHID number - what is this about?

- we know we should send the letter to the team that has considered the original application. On the letter to the main applicant we found NWEUR09 - is this the team number, or the officer number?

- do we send the reconsideration request to the Liverpool PO Box 306 address from which we received the documents?

Many thanks for your kind help.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Re: Reconsideration Request on EAA3 application

Post by EUsmileWEallsmile » Mon Dec 30, 2013 2:02 pm

What were the reasons given for the refusal?

kuen
Newly Registered
Posts: 22
Joined: Mon Sep 10, 2012 12:50 pm

Re: Reconsideration Request on EAA3 application

Post by kuen » Mon Dec 30, 2013 2:10 pm

Hi, thanks for your question.

The reason they gave was a long absence from the country and they demand to see medical evidence. However, the absence was less than 12 months and the reason was giving birth. We provided birth certificate with the original application.

While medical complications were indeed the reason for the absence, we didn't provide medical evidence with the original applications, assuming that pregnancy and birth was sufficient grounds under the terms of Regulation 3(2)(c) of the Immigration (EEA) Regulations 2006.

Now we will try to point this out to them and see what they think.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Re: Reconsideration Request on EAA3 application

Post by EUsmileWEallsmile » Mon Dec 30, 2013 2:19 pm

As you are aware, pregnancy and childbirth are quoted as being one of the important reasons allowing for absences greater than six months. It would appear that this was not taken into account. I would write back to the refuser pointing this out.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Re: Reconsideration Request on EAA3 application

Post by EUsmileWEallsmile » Mon Dec 30, 2013 2:22 pm

To answer your original question, generally I would be inclined to write back to the correspondence address given in the letter written to you. That would be the logical thing to do. Given that there may have been re-organisations, and if you are still in doubt, phone and ask. You may be told that you should appeal. Were you given that option?

kuen
Newly Registered
Posts: 22
Joined: Mon Sep 10, 2012 12:50 pm

Re: Reconsideration Request on EAA3 application

Post by kuen » Mon Dec 30, 2013 2:29 pm

Many thanks for confirming that we have grounds for reconsideration and giving your opinion on the address to write to.

Could you please help further by 1) indicating how we can identify the refuser on the basis of the reference numbers we have.

2) Giving us more details on what the COHID reference number is?


To answer your question, yes, we were given the right to appeal but a) under our circumstances it would have been extremely difficult to organise things within 10 days b) the option seems too hefty in terms of what it involves.

We hope a well-grounded reconsideration request would work.

Many thanks

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Re: Reconsideration Request on EAA3 application

Post by EUsmileWEallsmile » Mon Dec 30, 2013 2:37 pm

I would appeal in addition to asking for a re-consideration.

The number you ask about is referenced in this form.

http://www.justice.gov.uk/downloads/for ... _Jan11.pdf

kuen
Newly Registered
Posts: 22
Joined: Mon Sep 10, 2012 12:50 pm

Re: Reconsideration Request on EAA3 application

Post by kuen » Mon Dec 30, 2013 3:04 pm

Many thanks for the advice.

If I decide to phone them, in your experience, what would be the best number to use?

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Re: Reconsideration Request on EAA3 application

Post by EUsmileWEallsmile » Mon Dec 30, 2013 10:54 pm

I once had to make a call, I phoned, spoke to a person, who could not help, but called back later. Numbers change all the time, people's circumstances are different. I'm afraid, you will have to try and contact UKBA and argue your case.

Don't let the appeal time out...

Locked
cron