Pending visa refused case can reapply in different category?

[sanmshah]

Hello Rest of members and team of Moderators.

I ask a question regarding my relatives sister case, she applied for Spouse visa on last May/June 2015 from India and her application was refused on tiny mistake from her in law side therefore they take matter into tribunal court but still nothing any outcome as still her case is in pending.

Now, my question is,...

"Is she can apply for come UK on as different category like a Visitor, while her case of another application is still in pending in court?"

Hope the Moderator or who know the immigration law can light on my above question.

Thank you everyone to reading me.

[CR001]

What exactly was the 'tiny mistake'?

"Is she can apply for come UK on as different category like a Visitor, while her case of another application is still in pending in court?"

Unlikely she will be granted a visitor visa as she has a refusal for a spouse visa. HO will take the view that she is trying to 'circumvent the immigration rules' and won't believe that she intends to leave the UK.

It would have been quicker to reapply for a spouse visa (depending on how 'big/tiny' this mistakes was) than go through the appeal system, especially if it is the applicant that made the error and not HO.

[sanmshah]

Thank you dear Moderator, for valuable advice, your advice help a lot.

[strontiumdog74]

Can you confirm what the mistake was on the original submission?

[sanmshah]

Sorry for late Reply, As I not visit after get reply.

Here the full detail of her refusal. She Applied in May 2015 from India and I think end of June or 1st week of July her visa application refused.

Her visa refused on base as her UK spouse submitted documents bundle there is his side mistake, in our point of view is very tiny mistake, and also it isn't his fault in that mistake .

The mistake done by his employer as they given him faulty wage slips.

Every wage slip given to him is roughly between 7 to 9 £ high amount and actually he get roughly 7 to 9 £ per wage slip base less amount and which direct paid in his account.

So, once they submit all documents include wage slip with bank statement the Indian British Embassy staff find that mistake! And on that ground she not get visa.

Therefore, they appeal as that was not his mistake plus her husband side employee accept their mistake but still case not go further. Where is actually stuck don't know. We not heard from them since January 216.

Hope you get idea.

Thanks again.