appeal & fresh application

[abhijack]

guys i am confused.

can u lodge a fresh application while ur appeal stands.

any more wisdom on it?

[vinny]

27.8 - Fresh application while an appeal is outstanding.

[ricky]

i think you could , but it will be just a waste of money as they give the same answer , thats what happened to a friend of mine , they take the money then they refuse it s a business

[batleykhan]

If you have the money, then re-apply again, but there is a good chance that you can be refused again, thats another £515+ down the drain.

I think we need to know the reasons why you were initially refused. If its something simple and easy to prove, then why appeal?. If you really cocked your first application up, then make a fresh application and hope and pray they dont refuse the second application.

I am of the same opinion as ricky above. The ECO looks for a simple and common mistake to refuse people.

Some of the naieve people re-apply again, by putting that simple mistake right and paying for it all over again.

[abhijack]

If you have the money, then re-apply again, but there is a good chance that you can be refused again, thats another £515+ down the drain.

I think we need to know the reasons why you were initially refused. If its something simple and easy to prove, then why appeal?. If you really cocked your first application up, then make a fresh application and hope and pray they dont refuse the second application.

I am of the same opinion as ricky above. The ECO looks for a simple and common mistake to refuse people.

Some of the naieve people re-apply again, by putting that simple mistake right and paying for it all over again.

thanks for reply guys.
the reason they gave was that

-there are no witness signatures on the marriage certificate; no photos showing ceremony

i can explain that the witnesses sign in the register rather than the certificate and can produce a copy of the same.
i can also add loads of wedding photos now.

so i am now thinking of reapplication as well altough i had appealed in my intial anger towards the decision.

anyways in the new application i guess i have to explain the reason for previous refusal and my clarifications to those points in the additional info section.

any idea guys?

[batleykhan]

The reasons given for your refusals can easily be put right, as you have already stated.

Didnt you point this out, and sent the documents when you appealed?. I suppose there is no harm writting the BHC explaining this. You never know they might change their minds.

I personally would still stick to the appeal, rather than starting fresh and paying again.However its your decision

[abhijack]

The reasons given for your refusals can easily be put right, as you have already stated.

Didnt you point this out, and sent the documents when you appealed?. I suppose there is no harm writting the BHC explaining this. You never know they might change their minds.

I personally would still stick to the appeal, rather than starting fresh and paying again.However its your decision

I have explianed those points and sent the documents with the appeal form.

I know what u say is the most sensible thing. My brain agrees with that but my heart doesnt..
I am thinking if I have a chance to win the appeal, I have a similar chance to be successfull with a fresh applicn.
So I am weighing the money and waiting time and am thinking the extra money i spent might relieve lot of stress and prevent some secondary expenses.

sorry just thinking loud..
thanks for ur suggestions mate. its really making me feel lot at ease when people like u communicate..
thanks..

[TKhan]

Hi everyone,

My husbands application has been refused, however, there are several objections on the refusal letter which are there because Gerry's lost a lot of my papers. I fortunately have copies of all the lost papers. However, there is 1 point that the embassy guys made which I agree with, hence, I am going to lodge a new application in 3 months.

Just want to know, the matters that they are wrong about, should I send the refusal notice and clear them up now, whilst I am within 28 days, and tell them that I do not wish to appeal I just want to clear up the misunderstanding, so that it doesnt affect my future application, or should I mention that he has been refused in the fresh application, and include the refusal notice and demonstrate how they are incorrect in that.

I hope all that makes sense !

Thank you

[batleykhan]

Hi Tkhan

I think there is no harm in you trying to clear the matters up by way of completing the AIT2 (appeal form) explaining why you feel the decision made by the ECO is not in accordance with the immigration rules. Send them the missing documents.

What will happen when they recieve the notice (ps send to Islamabad not to Leicester) is that they will reconsider their earlier decision in view of the latest info/docs that you have sent them.

Wait about a month to see if they respond and change their mind, in which case it saves you reapplying and paying again.

In your appeal notice i dont think it would be wise to mention that you do not wish to appeal.because if you do,then they might deliberately refuse you in the knowledge that you are going to reapply and pay again anyway.

You must remember that if they still refuse you after you send them the appeal form , missing document , as well as explaining, why you think their decision is wrong, then what makes you think that if you reapply with a fresh application that they will grant the visa, because I dont think there will be any difference from your appeal reasons and the new application. because all you are doing is to put things right in your new application.

Remember you can make a new application at any time, even though you still have an ongoing appeal against an earlier decision.

Also remember when you filll the AIT form,put your name down as you wish to be the representative for the appellant.Also do not be afraid in explaining in great detail why you think the ECO decision is wrong
If you wish to know the wordings of the appeal notice,pm and I will send you a sample that I did succesfully recently