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Can i apply for a reconsideration on a denied PR application

Posted: Thu Jan 10, 2013 7:52 am
by coach_rio
Hello everybody ,
I applied for PR and was denied,reason been that I have not provided my Ex EEA partner's proof of exercising treaty rights for 5 yrs or proof of residency for my Ex and that the case worker wrote to me asking for prove of my EEA exercising treauty but I have not provided them nor had I asked the home office to look it up for me from the HMRC.
I have now concluded that some case workers are incompetent, biased and big liars in carrying out their duties because I still have a copy of the letter which I received from the case worker and it says simply that he is requesting the return of my passport and also if I can provide council tax bills to prove my 5 yrs residency and not that of my ex.
I replied to his letter stating that I can only supply my passport which I requested back from them after I made my application but I do not have access to the council tax bills and that I provided bank statement from 2 banks for the 5yrs, P'60 and pay slips, British gas bills for the 5 yrs and letter sent from the home office after I applied following my divorce that I retained my rights after my marriage ended.
Instead I got the refusal letter for the EEA 4 application saying that I did not provide evidence of my ex partner execising treating rights and for that I do not qualify for a retained right of residency and for that reason my application is been refused and sent back all the documents with even the Home Office letter with the retained rights on top of the documents.
Pls I just want to knw if there is any department I can write to show that the caseworker is incompetent in reaching his decision because I already retained my rights and do not need to provide any of my ex documents any more and refusing 2 days to the completion of the 6 month is just absurd on a stupid reason. I have already appealed the decision but the time wasting is just something I do not want to undergo because of an incompetent or biased employee of the Home Office.

Posted: Thu Jan 10, 2013 8:45 am
by Jambo
Yes you can. Just address it to the caseworker but I suggest you use a more polite language than what you have expressed in your post.

Posted: Thu Jan 10, 2013 8:57 am
by coach_rio
Thanx a lot jambo, its just the fustration of been made out to be a liar by the case worker n in his incompetency that made me burst out like that but all the same I appreciate your advice and would be very polite when I write back to explain that he made a mistake in arriving at his decision . But does it matter that I have already put in an appeal? Can I still write back to the case worker?

Posted: Thu Jan 10, 2013 9:06 am
by Jambo
It doesn't matter you have put an appeal already.

I suggest you read - RECONSIDERING DECISIONS IN EUROPEAN APPLICATIONS (03/2011).