can please any help with reconsideration letter

[behold2014]

please can anyone help with format of reconsideration letter pls

[rosebead]

There is no particular format, it's just an informal letter. You make a reconsideration request if you believe that immigration rules or policies weren’t followed correctly when the decision was made or that they made an error. You’ll need to point out in your request which rules, policies or errors you mean. That's it. Here's more info here: https://www.gov.uk/visa-and-immigration ... n-requests

[behold2014]

thanks,

i have sent my appeal 3days after refusal,i have also sent reconsideration request to caseworker.

can i reapply for eea2(rc) if reconsideration refused?as appeal will take months and my wrok will start distubing.

i am non-eea married to eea nation since 2008 with 2 kids.
refused due ti insufficient of self employed.and me no sending prof of resident for 5 yrs
sent
various bills
tax return
self asse statement
marriage cert,
acct letter
personal acct.

now sent.
mine bank statement and payslips for 5 yrs

then sent for eea nation (spouse)
tax return
recent invoices
personal bank acct
business cards for finding work
accountant letter
statutort audit c


is it ok?

[behold2014]

pls advice is needed

[rosebead]

As long as you have shown proof that you and your spouse both lived at the same address (i.e. official documents in your spouse's and your name such as bills, tenancy agreement, bank statements, etc) and proof of your spouse's self-employment (invoices, tax returns, bank statements, etc) that should be fine. Yes you can reapply at the same time as you appeal. The most important thing is that your spouse can prove that he/she exercised treaty rights all the time that he/she has been in the UK (i.e. work, self-employment, etc), and not you as your work history is not required.

[behold2014]

thanks rosebead,

we have sent all that when we applied innitialy,
i mean loads of document,even family nhs cards,tenancy agreement and everything.

the case worker wasnt just satisfied about the proff of self emplyed for my spouce(eea)
and me not providing document which we did.but another excuse to refuse.
thats why i sent mine 5yrs bank state and emplyment till date just to show i am here and have not been absent for even 2weeks in 5yrs.

but we now submitted foe eea nation

invoices/receipt
ni cont
account letter
self asse
e.t.c

do u have an idea of how long reconsideration take,and if i get a call to cancel appeal what should i say?

[rosebead]

Reconsideration usually doesn't take more than a few weeks. According to Home Office policy you should be able to appeal and ask for a reconsideration both at the same time. Don't reapply until you have heard back from the reconsideration. They should not be telling you to cancel your appeal, as you can both appeal and ask for a reconsideration at the same time, which you can see for yourself in this Home Office guidance to their caseworkers.

[behold2014]

thanks rosebead,

see this: http://www.immigrationboards.com/eea-ro ... 62685.html

[rosebead]

Yes I'm aware, but I believe the caseworker was in the wrong in this case.

[behold2014]

thanks alot for your good advice,
fingers crossed?.
should i sent an email to linda bates as application is under reconsideration?

[rosebead]

Don't send your reconsideration to Linda Bateman, but I suppose you could ask her nicely to confirm that it would be possible to ask for a reconsideration of a decision made about an EEA Family Permit at the same time as you appeal the decision. That way, if there is any problem with your caseworker, you can forward Linda's reply to your caseworker.

[chaoclive]

That's a good idea rosebead!

[rosebead]

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.

[behold2014]

are u saying i should cancel my appeal?
what should i do?

[behold2014]

can anyone pls comment on the giudance of reconsideration please.

[rosebead]

I wouldn't cancel your appeal until you hear back from your caseworker telling you so. Just because this Home Office guidance to caseworkers (about reconsideration requests) says that it doesn't apply to non-EEA family members doesn't mean that you can't have a reconsideration at the same time as an appeal. The only pain is that there's just no published information about whether EEA-related applicants can ask for a reconsideration at the same time as an appeal, however just because there's no info it DOESN'T mean the rules differ for EEA-related applications. All I can tell you is that MANY people on this board have sent in a reconsideration letter at the same time as appealing and had NO problem with it at all. Asking for a reconsideration is just an INFORMAL request. I can't see that it would make one drop of difference whether you send in a reconsideration before or after an appeal because it is NOT in any way an official procedure - it is just an informal letter.

[behold2014]

thanks rosebead,

its really tough for me rite now.

[behold2014]

my appeal date is october.is it possible to apply for another eea2.?

[behold2014]

?

[rosebead]

You can either appeal or apply again or both at the same time if you want. As long as your EEA spouse is exercising Treaty rights (working, self-employed, etc), they can't kick you out so I wouldn't worry. A Residence Card merely 'confirms' your rights by the way, it doesn't actually give you rights as you have those already NO MATTER WHAT as long as your EEA spouse is exercising Treaty rights. An EEA2 just helps for applying for jobs and for other formalities of living in the UK, that's all.

Before you re-apply I would wait for a reply about your reconsideration first.

[behold2014]

cant thank you enough.will wait for reconsideration and see if i can apply eea2 straight away.

As my passport is going to be with them(permanent migration dept),what should i do when sending application for eea2?

just thinking of option 2.

i have a very good job,and residence card expires sept and with Ho.thats y am thinking fast...


help pls

[rosebead]

You can try requesting your passport back from here: https://eforms.homeoffice.gov.uk/outrea ... ments.ofml. Asking for your passport back will not withdraw your appeal, but make sure you tick the part that says you do not wish to withdraw your application.

[behold2014]

thanks alot. i pray to God he reconsiders now .all this is just thinking ahead

i will wait and see what happens before i request my passport back as my other eea2 was revocation because the casewoker beieve my wife not being self employed from 2009 after maternity.which we have sent document to him.

he said he wasnt satified because we didnt include,business acct,advertising showing she was looking for job,audited account and invoice/receipt.

we didnt send all the document we sent in the first time.we sent what he requested.
bisness cards.
audited account
invoice/receipt
personal bank statement
tax return from 2010 till date.
and also mine 5year bank statement showing i have been here working.
so,are you saying if reconsideration turned down then i will request passport and apply for eea2 while waiting for appeal.

1. how long does requesting passport take?so i can include in eea2 application
2. or should i call Ho to ask whats happening to reconsideration if i dont hear anything.

[rosebead]

I'm not sure how long it takes to get your passport back. I do know that the HO gives passports back whilst an 'application' is pending, but I don't know about 'appeals' although I don't see why it should differ for appeals. If you don't hear back about the reconsideration within a few weeks then yes you could try calling the HO.

If reconsideration is negative, then yes re-apply (and you don't have to cancel your appeal either). I'm not sure you would need to ask for your passport back anyway because when you re-apply you could always write a cover letter with your application to say that your passport is already with the Home Office and had been sent in with your appeal (obviously give the reference number that you have for your appeal).

[behold2014]

all my document returned.case worker ask to to follow my appeal or send fresh application if i have got more document...very very sad

please help what do i do?
fresh application or eea2 extension.