Reconsideration / on gong appeal

hi...
i apply eea2 14/02/2013
refuse 25/02/20114 did appeal 7/3/2013
send reconsideration on 14/4/2014 it trun up 17/4/2014 with all evidence dnt think they even looked
same case worker issue latter cant reconsider my application as my appeal is on gong
he can only reconsider if i withdrew my appeal but before i send reconsider i called HO guy told me mention
about appeal on reconsider latter so i did... also on HO webside no where written cant do both...
please give some advice also share your experience about reconsideration...
i have to carry on my appeal i have no vaild visa right now HO got my passport
i have enough document full fill my refusal ....
appeal process they up to year...need to go back home see my ill mum

also found HO web side


Reconsiderations when the applicant has lodged an appeal
You can accept a reconsideration request that meets the requirements of this policy even if
an appeal has also been lodged against the decision, unless the decision was upheld at
appeal and the migrant has exhausted their appeal rights.

Reconsideration and time limits for submitting an appeal to the IAC
Applicants have 10 working days to submit the appeal from the date they received the
original decision. This date is considered to be the second working day after the date of
posting the decision to a UK address.

If you reverse the original decision when there is a pending appeal
If you grant leave in a case with a pending appeal, this will stop the appeal, unless it is

The caseworker gave you a wrong advice. He can consider the case while appeal is pending. If the reconsideration goes in your favour then withdraw the appeal. Seems to be intentionally misleading you. If you withdraw your appeal and he decides to stand on his original decision , you can not appeal against a reconsideration that was refused. Thus you will have to file a new application in. Point him to the right law .

thanks for your reply..
yes i also found he should inform court if he reverse
his desition...
shall i print case worker guide line re send to
him?
if any one out there please give advice..thank you

uk2005 wrote:thanks for your reply..
yes i also found he should inform court if he reverse
his desition...
shall i print case worker guide line re send to
him?
if any one out there please give advice..thank you

Yes you can do that.

also found HO web side


Reconsiderations when the applicant has lodged an appeal
You can accept a reconsideration request that meets the requirements of this policy even if
an appeal has also been lodged against the decision, unless the decision was upheld at
appeal and the migrant has exhausted their appeal rights.

Reconsideration and time limits for submitting an appeal to the IAC
Applicants have 10 working days to submit the appeal from the date they received the
original decision. This date is considered to be the second working day after the date of
posting the decision to a UK address.

If you reverse the original decision when there is a pending appeal
If you grant leave in a case with a pending appeal, this will stop the appeal, unless it is





hi,can you pls copy and paste where this thread is.or where it says this in Ho website please

hey guys..just got call from HO
they said cant do reconsider unless i withdrow
my appeal...
aslo said if they refuse i will get anothder
appeal right
he said its on my document there is good chance
issuse RC..but there is no grantee;(
hes system cant allow pasport request on gng
appeal?!
i took time till monday he gave his direct number
to let him know!
what shall i do?
if he right get appeal chance on refusal i will
go for but i do i get comfarmation that was phone
conversation...
plsease give some advice what to do?

Hi bud,

Withdraw your appeal and trust me if your documents are ok and legit then no problems.

Trust me.

Thanks

uk2005 wrote:hey guys..just got call from HO
they said cant do reconsider unless i withdrow
my appeal...
aslo said if they refuse i will get anothder
appeal right
he said its on my document there is good chance
issuse RC..but there is no grantee;(
hes system cant allow pasport request on gng
appeal?!
i took time till monday he gave his direct number
to let him know!
what shall i do?
if he right get appeal chance on refusal i will
go for but i do i get comfarmation that was phone
conversation...
plsease give some advice what to do?

What if you were to ask him for a confirmation that you would have the right of appeal by email? It would be good to get something to prove what he said.

Home Office caseworker doesn't know his job. Even the gov.uk website says the same as the Home Office internal guidance: https://www.gov.uk/visa-and-immigration ... n-requests. Stand your ground and ask to speak to a superior, or make a complaint to the UKVI: https://www.gov.uk/government/organisat ... -procedure

A few other members of this board both appealed and asked for a reconsideration at the same time for an EEA2 refusal and got success: http://www.immigrationboards.com/eea-ro ... ml#p973892.

Guru of this board, Jambo, says the same: http://www.immigrationboards.com/eea-ro ... l#p1007066

Who trains these people , they are annoying.

I would send in your reconsideration letter again, but this time print out the relevant pages of the internal Home Office guidance and send the pages along with your letter. Point out on a separate piece of paper that caseworkers are supposed to follow Home Office guidance, and the guidance clearly states that applicants can appeal and reconsider at the same time. Also write both the link to the gov.uk site and the link to the pdf in your letter, and ask the caseworker to refer to them for additional confirmation of Home Office policy. Politely ask him to pass your reconsideration letter onto a senior caseworker to deal with it, as it is Home Office policy that you can get a reconsideration without withdrawing your appeal. Tell him if he does not do so, you regret that you will be forced to make a formal complaint even though you are reluctant to do so.

rosebead wrote:Home Office caseworker doesn't know his job. Even the gov.uk website says the same as the Home Office internal guidance: https://www.gov.uk/visa-and-immigration ... n-requests. Stand your ground and ask to speak to a superior, or make a complaint to the UKVI: https://www.gov.uk/government/organisat ... -procedure

A few other members of this board both appealed and asked for a reconsideration at the same time for an EEA2 refusal and got success: http://www.immigrationboards.com/eea-ro ... ml#p973892.

Guru of this board, Jambo, says the same: http://www.immigrationboards.com/eea-ro ... l#p1007066

Who trains these people , they are annoying.

I would send in your reconsideration letter again, but this time print out the relevant pages of the internal Home Office guidance and send the pages along with your letter. Point out on a separate piece of paper that caseworkers are supposed to follow Home Office guidance, and the guidance clearly states that applicants can appeal and reconsider at the same time. Also write both the link to the gov.uk site and the link to the pdf in your letter, and ask the caseworker to refer to them for additional confirmation of Home Office policy. Politely ask him to pass your reconsideration letter onto a senior caseworker to deal with it, as it is Home Office policy that you can get a reconsideration without withdrawing your appeal. Tell him if he does not do so, you regret that you will be forced to make a formal complaint even though you are reluctant to do so.

thank you for relpy...
i did same this what you write than they call
he told spoeke with senior they only reconsiderd
if i withraw my appeal..call tribunal for my appea info
they said my has been hard takes 4 weeks
caseworker give me time till monday let my deacition
what shall i do?
very confused with all stuff!!

I had a first hand experience and can only tell you by my experience.

You can read my old posts etc.

After refusal I involved Solvit and the first thing they said to me was if you are deciding to appeal then HO cannot consider the reconsideration request. So I told Solvit to go ahead and tell HO to persue with my reconsideration and that I will not appeal.

Solvit conveyed my message to HO.

After few days HO replied to Solvit that HO has decided to reconsider there decision, but unable to advise any outcome but have agreed to look into my reconsideration request.

Again after pushing Solvit for quicker response and involving my mp and letters to HO, I had a reply back from Solvit - that HO has decided to withdraw there original decision and the new decision will be made in few weeks.

to cut the long sory short, if HO is ready to reconsider the decision then even after the reconsideration (God Forbid) they refuse it again, you'll get a chance for appeal anyways.

So personal suggestion withdraw your appeal, and let HO reconsider the decision and as I mentioned before if your documents etc are all geniune and legit then trust me your safe. If you do decide to appeal then it could be anything upto 6months to a year before you get a chance.

Choice is yours.

Good luck.

I recommend emailing European Casework at EuropeanOperational@homeoffice.gsi.gov.uk to find out exactly what the policy is.

I'd do what Chaoclive recommended and ask for it in writing that they will only reconsider your case if you withdraw your appeal and that you won't lose the right to appeal. At least you will have evidence then in case the caseworker wrongly informed you. Solvit are not always right either, although they mostly are, as I've on one or two occasions read advice that they've given to others that was regarding minor details such as the documents you need for applying for a Schengen visas but it was factually incorrect.

thanx for your post
emailing European Casework at EuropeanOperational@homeoffice.gsi.gov.uk
is this eamil still working?

uk2005, yes that email works but they take time to reply and I just realised that he's only given you till Monday to make a decision. Here are other contacts that I could find:

Try 0300 123 2253 for the Home Office, although people have been experiencing difficulty getting through lately.

Also try Linda.Bateman@homeoffice.gsi.gov.uk who is deputy chief caseworker - apparently she replies within a couple of working days, at least she did a few weeks ago anyway.


Take a look at Regulation 25(2)of the Immigration (EEA) Regulations 2006 and draw your own conclusions:

(2) For the purposes of this Part, and subject to paragraphs (3) and (4), an appeal is to be treated
as pending during the period when notice of appeal is given and ending when the appeal is finally
determined, withdrawn or abandoned.

Also pay attention to Regulation 25(4) of the EEA regulations:

(4) A pending appeal is not to be treated as abandoned solely because the appellant leaves the
United Kingdom.

This means to me that you can legitimately request your passport back and leave the UK without it affecting your appeal. This is under the UK's EEA regulations, but under national laws you would not be so lucky.

thank you:)
thats help... Trying HO number from last few weeks jast ask same question cudnt get throw... also month haf
ago spoke someone before send my reconsidration told me that to mention i did appeal on my reconsidration latter.
will mail both adderess lets see whats outcome...

You should be very polite when emailing Linda Bateman. Many people have commented on how rude and unapproachable she is. She sounds like a bit of a dragon to be honest. Hope you get lucky and catch her in a good mood!

Hello Everyone..
as my following post i did withdraw my appeal go for reconsideration
GOT MY PASSPORT WiTH RC ...
request wothraw appeal 28th april
comfarm from court 7th may
got pasport 16th my with RC issue 7th may

i m soo grateful to forum with out you it wasn't possible thank you soo much....every one...
best of luck who are waiting..

congrats bro

Please for you . That said, I don't think he was right to ask you to withdraw your appeal, but glad it worked out!

thank you for your advice tho..