Appeal not successful. Can I reapply for visa extension in the UK or do I have to return to my home country?

[mrshh]

My spouse visa extension was rejected on the grounds that I have submitted an A1 certificate instead of the required A2.

My passport was then returned to me so that I can do the required English and I have submitted an appeal on paper. The appeal has not been successful even though I submitted a B1 certificate (more advanced than the required A2) to the First-tier Tribunal.

I have the option to appeal to the Upper Tribunal but I am considering to submit a new application instead. However, my passport is with the Home Office. Can I re-apply from within the UK or do I have to return to my home country to submit the new application?

[seagul]

You should have been issued FLRFP visa under 10 years of route instead refusing you.

[mrshh]

You should have been issued FLRFP visa under 10 years of route instead refusing you.

We unfortunately don't have kids yet and I think that's the reason why my application was rejected instead of switching to 10 year route

[mrshh]

I would appreciate if someone could clarify whether I am allowed to apply for a new FLR M application.

I think that I have leave under section 3c since I have made an appeal.
I have just received a decision from the first tier tribunal which says that my appeal has been unsuccessful but that I can apply for an appeal to the Upper tribunal within 14 days. (I now have 11days to apply for appeal since the decision was issued on 15 July)

I am now thinking of submitting a new application and using super priority service as I need to travel mid August.

I have read several threads which seems to suggest that I can apply but that I need to withdraw my appeal first? Is that correct?

My new application is going to cost nearly £2000 and I just want to make sure that it will not be rejected again.

[Casa]

Yes, you will have to withdraw your appeal before submitting a new application.

[seagul]

I think that I have leave under section 3c since I have made an appeal.
I have just received a decision from the first tier tribunal which says that my appeal has been unsuccessful but that I can apply for an appeal to the Upper tribunal within 14 days. (I now have 11days to apply for appeal since the decision was issued on 15 July)

In my opinion that trick might work because until the deadline of lodging appeal you will be covered by section 3C and if through super priority you be able to apply new application with new correct English test then it might be approved and your continuation of visas wont be affected.

[mrshh]

Yes, you will have to withdraw your appeal before submitting a new application.

Thanks for the response Casa & seagul, I will submit a new application.

[mrshh]

Just called the First-tier tribunal to enquire about withdrawing the appeal and was told that there is no further action required as the appeal has been dismissed and that I can go ahead and submit a new application.


According to pg11 https://assets.publishing.service.gov.u ... 9.0ext.pdf

Appeal finally determined
Where there is an onward right of appeal to the Upper Tribunal or Court of Appeal section 3C leave will automatically run until the time limits for onward appeal have expired.

So when I fill out my new application form, for the question in immigration history section 'Have you ever remained in the UK beyond the validity of visa?' The answer should be 'NO' since my leave under 3C has been extended?

What I find confusing is that I can re-apply only after 'withdrawing the appeal' which would end my leave under section 3C.

Is there anyone who can clarify this for me?