Immigrationboards.com

Hi,

I am German my wife and her kids are Non-EEA, we are married for 6 years.

We move to the UK in December 2015 and applied for residence cards in February 2016. The application got refused in November 2016 because I didn't provide enough evidence that I am exercising my rights. Which is absolutely my fault because I didn't inform Home Office about the change of my circumstances when I got employed.

So I send a copy of my work contract, pay slips, tenancy agreement, council tax bill to home office and asked for reconsideration. This was received on 31.11.16.

We didn't ask for our passports back when we applied so we had no passports for almost a year now.

How long can the reconsideration take? Was it the correct way to approach the refusal?

Mavuto

Hello,
I don't believe you can request a reconsideration if you failed to submit the required evidence. You would have to re apply. The Home office don't believe it appropriate to reconsider an application if you submit evidence after you have been refused.

Reconsiderations are for applications that are refused and the home office is at fault and the refusal was incorrect. However, as you state you failed to submit evidence you were a qualified person so can't quite blame the Home office of that

Here is the guidance for reconsiderations page 35: https://www.gov.uk/government/uploads/s ... s_v4.0.pdf

Goodluck I hope you get your residence documents soon

Hi

thank you for prompt reply.

I am not blaming Home Office for the refusal. I thought that the diplomas from university would be enough to proof that I am a qualified person and when I got employed I only updated my address but didn't inform that I work. Clearly my fault.

But if I can't ask for reconsideration, how long should it take for the home office to refuse it?

Mavuto

I honestly don't know, there isn't a timeline for reconsideration as far as I am aware.

Similar situation as you here:
http://www.immigrationboards.com/eea-ro ... n#p1433626

Hopefully someone more knowledgeable about this than I will come along shortly to help out

Its inappropriate to ask for reconsideration in such circumstances.

As you have discovered, HO plays hardball so don't take anything for granted.
Simply reapply - with rock-solid documentary supporting evidence.

Thank you for your reply.

Can I just send a new application? They haven't refused our request for reconsideration?
Will I be able to apply without passport? They are still with Home Office..