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please read.is it true about reconsideration?

Posted: Sun May 11, 2014 11:31 am
by behold2014
I re-read the Home Office guidance to caseworkers on reconsideration requests, and hidden away is a part that says that the guidance does not apply to EEA citizens and their family members. I cannot think why that would be so. I cannot imagine that the terms for reconsideration of EEA refusals would be harsher than those for refusals under domestic laws - it's usually the opposite. Many members on this forum have both asked for a reconsideration and appealed at the same time in the past, and had success with it. It's disgusting that Home Office policy is not more transparent. This is all the info I could find about reconsiderations of specifically EEA refusals, and even this was a Freedom of Information request rather than info clearly outlined on the UKVI website.

Re: please read.is it true about reconsideration?

Posted: Sun May 11, 2014 12:38 pm
by toofan
can you provide any link ?

Re: please read.is it true about reconsideration?

Posted: Sun May 11, 2014 2:15 pm
by behold2014

Re: please read.is it true about reconsideration?

Posted: Sun May 11, 2014 5:46 pm
by rosebead
Starting from Page 2 of this guidance:
What this guidance does not cover
This guidance does not apply to:
  • entry clearance in any category
  • refusal of human rights or asylum applications (including decisions on protection-based claims under article 3 of the European Convention on Human Rights)
  • European Economic Area (EEA) nationals and their family members
  • Bulgarian and Romanian nationals
  • nationality decisions
  • port decisions
  • curtailment decisions
  • enforcement decisions
  • representations against removal made to a local immigration team
But like I told you before, do not worry yourself over it until the caseworker tells you that you can't have a reconsideration at the same time as an appeal (which HARDLY ever happens by the way). Even then, I think the caseworker would probably be in the wrong, as I can't see what difference it would make if you send in an informal letter (which is what a reconsideration request is) after you submit an appeal or before.