No reconsideration without appeal withdrawal

[rosebead]

Well it's official - European caseworkers won't accept reconsideration requests unless you withdraw your appeal. This according to Home Office guidelines to European caseworkers, which were issued VERY recently, so maybe a change in policy.

So best send off your reconsideration request against a refusal immediately, before you appeal. I don't agree with this HO policy as it seems to go against the spirit of the flexibility that Member States are meant to show to EEA citizens and their family members under Community law.

Thank you to a Clive Waterman for submitting that FOI request.

[behold2014]

hi rosebead,

what should i do?do u have clive email or should i send an email to lineda batesman as the caseworker was very harse and didnt even want to consider my reconsideration on this matter.
http://www.immigrationboards.com/eea-ro ... 63553.html.

[behold2014]

now that i withdrew my appeal and left eea4 and submitted eea2.the case case worker was wrong,as he said go for the appeal or send fresh application.

applied eea2 13 may and have not even received COA.

please advise me.will still love to obtain my eea 4.becase i send all document and evidence of 5yrs for eea and non eea applying for eea2.

who should i email explaining this.pls advise rosebead

[rosebead]

You CAN appeal and re-apply both at the same - if you were advised differently then caseworker was wrong. HOWEVER due to I believe a recent change in Home Office policy, what you can't do is ask for a RECONSIDERATION while an appeal is ongoing.

Some people don't receive COA for a few weeks, so I wouldn't panic yet. I can't see how you would fail to get another EEA2 if you inluded recent evidence that your spouse if economically active. I don't know if caseworker will award you EEA4 through an EEA2 application, even though I think they do have the power to if they WANT to. Most important is you get the EEA2, worry about the EEA4 later.

By the way EEA2 applications are taking just 2-3 months presently.

[zebrafishbone]

That's crazy. I am preparing a reconsideration of my EEA4 PR which was refused and the 10 days deadline for lodging the appeal is next Monday (3 working days). How do they know if I have lodged an appeal? Will they call me when they receive my reconsideration request? I am still waiting for a very important document to support my reconsideration.

and what shall I do...with my appeal which I haven't lodged yet. $, mind and time!

[zebrafishbone]

I am reading a document which is a guidance for caseworkers what to do when a reconsideration is received, which is found in the gov.uk website:
https://www.gov.uk/government/uploads/s ... _0_EXT.pdf

it states:
"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. "

So it seems to be me that no appeal needs withdrawal for HO to reconsider the decision!

[rosebead]

Yes but if you read further down the pdf you linked to, zebrafishbone, unfortunately you will see:

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.

I don't agree with it but what you can do. Just cross your fingers and hope they won't notice or aren't up to date yet with this change in Home Office policy.