EEA PR Refusal Reconsideration

[etdshap]

Hi,

I was wondering whether anyone has recent experience of EEA PR refusal reconsideration process...

Back in January (on 21/01/2016), I applied for EEA PR Card based on the fact that my EEA family member has now retired and according to EEA Regulation 15 (1) (d), I am therefore eligible for PR even though I have not spent 5 years on the initial residency card.

The caseworker rejected the application (on the 08/07/2016) saying that I haven't spent 5 years on the residency card yet as per regulation 15 (1) (b), even though on my covering letter I made it clear that my application is based on regulation 15 (1) (d). Home Office's staff guidance page 19 and 20 cover this part of the regulation.

When I spoke to someone on the phone from Home Office, she asked me to write back to the case worker asking for them to reconsider it as clearly they have made an error.

She said that I would hear back from them within 21 days. I just want to know whether anyone else had to go through the reconsideration process. If so, what did you do? What was the background? Also, could you please share your time line?

Many thanks.

[Obie]

It appears to be a department wide problem.

I know of 2 similar cases, were they refused the EEA national and the family members on the basis that they have not resided in the UK for Five years, even though it was made clear in a cover letter that the application is under Regulation 15(C) and 15(d), by virtue of Regulation 5(3).

A reconsideration request was not responded to . It was at the appeal stage that the individual was able to receive a remedy.

It appears to be deliberate or done on purpose, even the judge who allowed the respective appeals, commented that he did not understood how the UKVI could assess the application under Regulation 15(1)(a) and (b), when the cover letter , application and supporting document, indicates the application was made under 15(1)(c) and (d).

[etdshap]

It appears to be a department wide problem.

I know of 2 similar cases, were they refused the EEA national and the family members on the basis that they have not resided in the UK for Five years, even though it was made clear in a cover letter that the application is under Regulation 15(C) and 15(d), by virtue of Regulation 5(3).

A reconsideration request was not responded to . It was at the appeal stage that the individual was able to receive a remedy.

It appears to be deliberate or done on purpose, even the judge who allowed the respective appeals, commented that he did not understood how the UKVI could assess the application under Regulation 15(1)(a) and (b), when the cover letter , application and supporting document, indicates the application was made under 15(1)(c) and (d).

Oh dear! That doesn't sound good. Having said that, I wouldn't expect anything different from a discombobulated case worker who hasn't been given enough training and is measured by how many applications they can fly through a day!

[Carling40]

Hi
I hope you lodged an appeal within the 14 day timeline? Then give them the 20 days or so they've asked for. They are likely to ignore your reconsideration request. If they do, I pray you have a good MP who you can write to with copies of the letter you've sent them and include evidence that you're entitled to the confirmation you sought. Then sit tight and see what happens.

[etdshap]

Hi
I hope you lodged an appeal within the 14 day timeline? Then give them the 20 days or so they've asked for. They are likely to ignore your reconsideration request. If they do, I pray you have a good MP who you can write to with copies of the letter you've sent them and include evidence that you're entitled to the confirmation you sought. Then sit tight and see what happens.

Hi,

I haven't lodged an appeal actually. This is because Home Office wouldn't do a reconsideration if there is an appeal. Additionally, according to my solicitor, all the EEA appeals she lodged is taking a very long time and in most cases 18 months!!!! I am based in West Midlands by the way.

My plan is that, if I don't hear from them within 21 days time frame which was given to me by them, I will be logging a complaint and take it from there. I can always ask the court to consider my appeal if the Home Office is being unresponsive because of the fact that it was Home Office who asked to write to them asking for reconsideration and the fact that they don't proceed with a reconsideration if an appeal is on-going.

My local (conservative) MP is good for absolutely nothing! I have no idea how managed to get elected anyway. I am a conservative support but even I think anyone is better than him! So I am left to my own devices really.

In my reconsideration letter, I printed out the communication I had with Home Office on whatdotheyknow.com around regulation 15 (1) (c-d) and also the pages of the staff guidance which talks about regulation 15 (1) (c-d).

[Carling40]

In my opinion your appeal is the legal way to get the right outcome and ensure your rights are protected. What would you do if they don't respond to the complaint? They aren't bound to reconsider an application but you have a fair shot to highlight their error in appeal and win. I agree it's not common to have a reconsideration request and pending appeal at same time but it does happen. I think paper appeals don't take as long as oral and your refusal reasons appear to be able to be satisfied with documentary evidence. Just a thought

[etdshap]

In my opinion your appeal is the legal way to get the right outcome and ensure your rights are protected. What would you do if they don't respond to the complaint? They aren't bound to reconsider an application but you have a fair shot to highlight their error in appeal and win. I agree it's not common to have a reconsideration request and pending appeal at same time but it does happen. I think paper appeals don't take as long as oral and your refusal reasons appear to be able to be satisfied with documentary evidence. Just a thought

I agree that appeal is the legal way to get the right outcome. Having said that, I am worried about the amount of time it will take.

In terms of the complaint, should they choose not to respond, i shall them refer it to Parliamentary and Health Ombudsman.

Here, the point of complaint won't be application outcome but rather the fact that they staff have guaranteed a Service Level Agreement which they have failed to meet.

Additionally they categorically asked me to send all the documents back which means that I can't appeal effectively as I wouldn't be able to provide any documents to the court at this point.

This is slightly different matter than an application being considered or reconsidered properly. As here the focus of the point would be the incompetence, which is unacceptable from any governmental or non-governmental establishment.

If their complaint process is anything like a bank's complaint handling process then I will have no problem with it as I used to manage an executive complaints handling team for one of the big four banks.

I haven't seen an incidence where appeal and reconsideration were done at the same time. So i'm a little bit apprehended to do that.

If they push me to a position where I have to go to court then I will make sure that I sue them under every single EU and UK legislation to make sure that I am making my point.

I do appreciate your thought though.

[Carling40]

Fair enough, I hope it all ends well for you. By the way I'm a rare example of having a pending appeal(deadline for submissions is in August for a paper appeal) and a seemingly granted reconsideration request I've got my PR card but waiting for my passport and original documents to be returned. As far as I know you don't send originals to the tribunal as they confidentially destroy the bundles after determination. Do let me know how to bring their incompetence to the public domain though. I'd prefer to do that after I've got my remaining docs back.

[etdshap]

Fair enough, I hope it all ends well for you. By the way I'm a rare example of having a pending appeal(deadline for submissions is in August for a paper appeal) and a seemingly granted reconsideration request I've got my PR card but waiting for my passport and original documents to be returned. As far as I know you don't send originals to the tribunal as they confidentially destroy the bundles after determination. Do let me know how to bring their incompetence to the public domain though. I'd prefer to do that after I've got my remaining docs back.

I wish I had spoken you sooner! Had I done that, I would have done the same thing as you. Could I please ask for the complete timeline of your application?

Whatever happens, I will keep you posted on this post. I am one of those people who will go to the end of the world and bend over backwards as many times as needs be to prove a point even if that means a massive financial loss. So yeah, I am spending my time studying all the UK and EEA legislations, case histories, ECJ judgement histories, different interpretation of laws and so on. Given what happens, I will be consulting a barrister to file my case and ideally take it to ECJ. Needless to say that, if I end up doing that then I will also be suing Home Office for all the damages and financial losses.

[etdshap]

Just realised that I have never posted an update.

So here is what happened..... UKVI rejected my reconsideration request saying that I didn't qualify for reconsideration. I then lodged an appeal AND asked for another reconsideration pointing out that even ignored their own reconsideration guideline. I then received my PR Card which was dated the 19/08/2016. In the meantime, I lodged a complaint directly with UKVI and wrote a letter of complaint to the Home Secretary herself. I'm now in the process of negotiating a compensation figure with the UKVI. Obviously the reimbursement for all the associated expenses due to postage and other stuff have already been agreed by UKVI.

They messed with the wrong person!!!