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How to ask for reconsideration?

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

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salmintin
Member
Posts: 183
Joined: Sun Feb 28, 2016 5:58 pm

How to ask for reconsideration?

Post by salmintin » Tue Aug 02, 2016 9:51 am

As per the title. Do I simply send a letter to the address where I sent the application? Does it have to include extra documentation? Do I have to resend the original documents?

What should my letter contain? Do I simply point out the mistakes in the initial evaluation?

Thanks :)

Carling40
Member
Posts: 197
Joined: Tue Oct 05, 2010 2:14 am
Australia

Re: How to ask for reconsideration?

Post by Carling40 » Wed Aug 03, 2016 8:41 pm

Hi Salmintin,
I didnt get an answer to this question when i needed to send a reconsideration request so hopefully others will add and post might be helpful to others.
I sent mine special delivery signed for (do this and keep your evidence of posting and keep a copy of the letter and documents sent) addressed to the Caseworker and team(see bottom of refusal letter) to the Liverpool address on the top right hand corner of the refusal letter. i didnt get a response for over a month then lost patience and got my MP involved(i'm blessed and lucky to have one of the goodens). After a week of my MP writing them BRP turns up out of the blue.

The reconsideration request should be straight forward, to the point and polite(i know its hard to be now) but you can take em to cleaners when you get what you want if you want/can.
Start with the reason why youre asking for reconsideration "grounds for reconsideration''

Cases where reconsideration of a decision would be appropriate
Reconsideration would be appropriate when:
 the applicant or representative raises a point of law - this could include accusations that the wrong regulation has been applied to the refusal
 the applicant or representative raises a challenge to Home Office policy – this could include where the wrong policy has been applied or the policy itself is alleged to be unlawful
 the applicant or representative has rightly drawn attention to the fact that evidence alleged not to have been provided in support of the application was actually with the Home Office at the relevant time
 new and compelling evidence was submitted before the refusal decision was dispatched that would, if it had been considered at the time, led to documentation being issued

pick the most appropriate ground(s) based on the reasons for refusal
then list the qualifying criteria for why you qualify for a DCPR. this generally would be in the format the refusal letter would be written.
now this is key.
quote the criteria(s) they have acknowledged and agreed you satisfy and thank them for agreeing
quote the criteria(s) they have alleged you haven't met then say what evidences you provided to meet it and if applicable point out anything youve provided theyve missed or not given consideration to (see refusal letter ....documents given consideration to)

Summarise to say something along the lines of you hope they can see you meet the requirements for DCPR under EEA regulations and you'd be appreciative if your DCPR would be issued at the earliest reasonable convenience and thank you. sign and date the letter

if possible list all the documents you provided (initially or that was in their possession prior to decision being made) in month/year order in descending format 2015, 2014, 2013 etc.

hope this helps, good luck and keep us updated.

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