Fresh application while appeal is pending

[Pikka82]

Hi all,

While my appeal is still pending with a hearing date in June 2014, I made a fresh application for tier 2 general in January. I have not heard anything so far.

Any personal experience pl?

Many thanks in advance!

Pikka

[Jeeves]

You can't re-apply while appealing, the application you made is invalid and will be rejected accordingly.

See 3.2 of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Pikka82]

What about "APL1.20 Applicant makes fresh application while an appeal is outstanding":

http://www.ukba.homeoffice.gov.uk/polic ... /#header20

We can make application after the expiry of period during which you can file the appeal. Since that time was all over by the time I made the fresh application, it is not invalid. What is your ground of my application being invalid?

Cheers!

Pikka

[Zee ali]

What about "APL1.20 Applicant makes fresh application while an appeal is outstanding":

http://www.ukba.homeoffice.gov.uk/polic ... /#header20

We can make application after the expiry of period during which you can file the appeal. Since that time was all over by the time I made the fresh application, it is not invalid. What is your ground of my application being invalid?

Cheers!

Pikka

R u inside UK or outside UK????

[Pikka82]

applied in the UK

[vinny]

It's only applicable to entry clearance applications from outside the UK.

[Pikka82]

Does it mean that we cannot make fresh application at all with corrected CoS?

[Zee ali]

Yes u cannot make fresh application at all inside uk while your appeal is pending.
UKBA invalid your application and return your fees.


Regards

[manci]

If you appealed from the UK a valid fresh application can only be made if the appeal is withdrawn. However, if you withdraw the appeal section 3C leave ceases and you become an overstayer. If you choose this path use the premium or priority service to ensure that the fresh application is processed within 28 days of the withdrawal of the appeal. If the fresh application is also refused you will not get another right to appeal.

[Pikka82]

It is very confusing. The application is with new parameters which were missing in the earlier application which was refused. The appeal is nothing but reconsideration of earlier application which was with alleged shortcomings. So if I make a fresh application, it should be, in principle, considered as an application independent of the appeal or the earlier application. Section 104 of the 2002 Act nowhere says that we cannot make a fresh application pending determination of an appeal. Rather it indirectly gives (S 104 (4A)) that there are instances where appellant is granted leave to enter or remain.

If they refuse to accept the fresh application after withdrawing the appeal, then why should I take a risk. I have come across people saying in this website that they got visa after filing fresh application pending an appeal.

[Zee ali]

It is very confusing. The application is with new parameters which were missing in the earlier application which was refused. The appeal is nothing but reconsideration of earlier application which was with alleged shortcomings. So if I make a fresh application, it should be, in principle, considered as an application independent of the appeal or the earlier application. Section 104 of the 2002 Act nowhere says that we cannot make a fresh application pending determination of an appeal. Rather it indirectly gives (S 104 (4A)) that there are instances where appellant is granted leave to enter or remain.

If they refuse to accept the fresh application after withdrawing the appeal, then why should I take a risk. I have come across people saying in this website that they got visa after filing fresh application pending an appeal.

Kindly go and find those people and than make your argument stronger. Take UKBA to court on this one as well.
It is discrimination that HO accepting some people application while their appeals pending (as u said). But HO guideline and rules r different,
Please keep updating us with the outcome.

[Pikka82]

Hi Guys,

Does 28 days grace period start running from the date of receipt of invalid or rejected application? They took almost 30 days, including another biometrics, to return my second application as invalid. That is how I missed that 28 days grace period also to file a valid 2nd application. They said I am an overstayer, so I had to file the appeal immediately. What a complicated and confused state I am in. My family life and movement have been restricted badly...

Cheers!

P

[Zee ali]

[quote="Pikka82"]Hi Guys,

Does 28 days grace period start running from the date of receipt of invalid or rejected application? They took almost 30 days, including another biometrics, to return my second application as invalid. That is how I missed that 28 days grace period also to file a valid 2nd application. They said I am an overstayer, so I had to file the appeal immediately. What a complicated and confused state I am in. My family life and movement have been restricted badly...

Cheers!

hi

Your invalid application won't effect your current appeal hearing time so your 28 days will start when your FTT case dismiss and u don't want to proceed to UT.
Just relax wait for your hearing date which is in june 14 i guess.
or
2nd option is withdraw your current appeal then HO will give u 28 days to reapply.if u apply within that 28 days and get the visa then u will be fine. but if u get reject then u will not have any appeal right.

[Pikka82]

Hello Guys,

As expected, my application has been returned invalid. However, fortunately the caseworker has considered my situations meticulously. He has advised me in writing that I should withdraw the appeal and file a fresh application within 28 days from the date of withdrawal of appeal if I wish.

Now I am going to make a fresh application. I want to withdraw the appeal before making the fresh application. What would be the effective date of withdrawal if I send off a letter to Tribunal?

Since it is not going to be a straightforward application, I want to file online as standard application. I heard the premium service does not take applications which are not straightforward.

I guess in worse case, I can reinstate the appeal. Thanks Guys.

Cheers!

Pikka

[Zee ali]

hi
When r u completing 10 years????

I will give u advice according to this

Regards

[Pikka82]

Dear Ali,

I have not even completed 3 years continuous stay in the UK. May be you are not aware that I am applying to change from PSW to Tier 2 General.

Cheers!

Pikka

[Zee ali]

Hello Guys,

As expected, my application has been returned invalid. However, fortunately the caseworker has considered my situations meticulously. He has advised me in writing that I should withdraw the appeal and file a fresh application within 28 days from the date of withdrawal of appeal if I wish.

Now I am going to make a fresh application. I want to withdraw the appeal before making the fresh application. What would be the effective date of withdrawal if I send off a letter to Tribunal?

Since it is not going to be a straightforward application, I want to file online as standard application. I heard the premium service does not take applications which are not straightforward.

I guess in worse case, I can reinstate the appeal. Thanks Guys.

Cheers!

Hi
U can't reinstate the appeal once u withdraw the appeal.

Your options r limited.
keep this in mind if u withdraw your appeal and even apply within 28 days given, u won't get any appeal right if refuse in your 2nd application.

So fully prepare your application and than apply.

Regards

Pikka

[dotted]

Pikka note: you are under section 3D not 3C.

This is exactly the situation i am in right now. Thank you for the knowledge sharing. I have got a potential Tier 2 sponsor while i have an appeal pending. It is certain that appeal must be withdrawn first before putting in fresh application either in same or different category. It is risky but there is no alternative than to withdraw and quickly seize the 28 days window.

[Pikka82]

Guys, my visa has been granted within 15 days by UKBA. I made the new application (with new CoS) one day after withdrawing the appeal.
Thanks guys.
Cheers!

Pikka

[newmoon]

Hi Pikka

My friend is in a same situation. Was your's a Tier 1 (E) appeal to Tier 2?

Thanks

[Juneukba]

Guys, my visa has been granted within 15 days by UKBA. I made the new application (with new CoS) one day after withdrawing the appeal.
Thanks guys.
Cheers!

Pikka

Hi pika:

Congratulations! I'm in the same situation as you. just want to ask , what kind of service did you choose.?? That same day service? Or the priority post? Or standard post?


many thanks!

[smuk]

Need Help filling form, please guys

My application returned as invalid. Now submitting fresh application. I am in 28 days period.
what will be my current immigration status - OVERSTAYER or PSW Holder (my last visa).

And were should i tick

E1. What is your current immigration status?
I have leave to enter / remain for a limited period
I am an EU national / family member of an EU national
I am exempt from immigration control
I had leave to enter / remain for a limited period, but leave has now expired
None of the above

Thanks

[mvsimonova]

Hi Pikka,

Thanks for sharing your experience. I'm in the same situation at the moment, made an appeal withdrawal and lodged a fresh application on April 24. It's been more than two weeks since then, haven't heard anything from the HO yet. Could you please tell me if you had to make a biometrics enrollment once again during those 15 days while you waited for your visa? Thank you

[jomesf5]

Guys, my visa has been granted within 15 days by UKBA. I made the new application (with new CoS) one day after withdrawing the appeal.
Thanks guys.
Cheers!

Pikka

Dear Pikka,
I have the similar situation and some of my friends are suggesting me to apply in Tier -2. I don't have any trusted source, so can u pls tell me who did your paperwork??? And if you had any lawyer to help u with, can pls tell me the name and address?? You can email me on my email address: jomesf5@gmail.com
That will be really a big help if u reply to my question.
Thanks