Fresh Spouse visa application after FLR (FP) refusal

[thunderb0lt]

Hi

Can anyone help with thoughts on this case.

• Arrived on spouse visa in 2017
  Did not meet financial requirement at time of extension so application for FLR (FP) which was refused
  Appealed at first tier tribunal, which was refused, currently waiting for permission from upper tier tribunal to appeal at upper tier (seems this WS used to buy time for point below)
  In the mean time has made a fresh application for new spouse visa from the uk on the basis of meeting financial requirement over last 6 months

I would like to know thoughts on whether this application from uk is likely to be accepted or it is likely to be refused on the basis application should be made outside of the UK as applicant has no valid visa in UK although permission from
Upper tier is still pending.

Thanks