Reconsideration of a decision of the Home Office

Reconsideration is the process where an individual who has made an application to the Home Office however the application was refused without a right of appeal. 

 Under this process a written application is submitted to argue that the decision of the Home Office was wrong because of a mistake in correctly applying the law.

 Reconsideration is a complex area of law. It requires particular expertise in knowing the latest Immigration rules and any decisions of the courts which interpret those rules. For this reason Novells Legal Practice has teams of immigration practitioners who are dedicated to this work.

 Novells Legal Practice has vast experience in reconsideration applications and appeals in all areas of immigration law, from human rights appeals to spouse visa appeals. We scrutinize the Home Office decision in great detail in every case to ensure that every individual gets a fair and just decision by checking that there has not been any failure to consider all of the evidence or the personal circumstances of an individual when considering the original application.

 The UKBA website states;

A reconsideration request is a written request asking us to review the decision that we made on an immigration application. It is not a formal appeal. We will accept one reconsideration request if you submitted your application in the UK and:

  • the request is about the grant of leave for an approved application; or
  • the request relates to a decision directly affected by the Alvi judgment and was made within 3 months of the date we make a decision on your application; or
  • the request was sent before the reconsiderations guidance was published on 13 November 2012.

We will only reconsider applications if they meet one of the above criteria. If we find that an approved case should have been refused when we reconsider it, we will consider curtailing (cancelling) any leave that we incorrectly granted.

This policy applies to applications in the UK in the following categories:

  • all points-based system applications;
  • all further limited leave to remain applications, any application correctly made on a form with a prefix ‘FLR’;
  • all indefinite leave to remain applications, any application correctly made on a from with a prefix ‘SET’;
  • transfer of conditions (TOC); and
  • no time limit (NTL).

How do I submit a reconsideration request?

You must submit your reconsideration request in writing to the team who made the decision on your application. You must state why you think our decision was incorrect. You may only submit a request once. New evidence will not be considered. If you have left the UK you cannot submit a request.