spouse appeal

[akamran]

Dear Members,

I am a postgraduate student in London, last year my wife applied for entry clearence visa from Pakistan and got refusal. We submitted an appeal and now after a one complete year we got our hearing date in last week of May.

I had words with IAS and they suggest me to submit a fresh application as i have change of circumstances. Recently my wife submitted a fresh application with all evidences from Islamabad. IAS advisor told me that according to british rule embassy can process out application even appeal is ongoing, but entry cleareance office might ask me first to withdraw my appeal and thn process my application.

If any of you have an idea, than please let me know, and if they say to withdraw my appeal how long it take? Now after lodging appeal and waiting for a year i am now much worried about timings. Your help is highly appreciated.

Please send all replied to ue95038@hotmail.com

Thanking in advance,
Regards,

[Mars007]

I would wait for appeal to go through. You have waited that long so it is best you wait, if your appeal is unsuccessful then re-apply.

[Kayalami]

Para 104 (4) of The Nationality, Immigration & Asylum Act 2002 effectively deems an appeal against the refusal of EC [Para 82, 2(I)]as abandoned if the applicant is granted leave to enter prior to its hearing. An amendment to the immigration rules (IIRC in October 2002) means that Entry Clearance confers 'Leave To Enter' hence on the 'valid from date' your spouse gets her dependent visa the appeal is moot. The ECO is likely to ask your spouse what action she intends to take if she is granted her visa. It would be best for her to indicate that she would withdraw her appeal. However do not withdraw before the visa is granted. It is good practice after the visa is granted and preferably when you are in the UK to then write to the BHC, The IND and The Appeals Tribunal formally withdrawing the appeal anyway so your immigration records can be updated with your own position.

good luck

[akamran]

Many thanks for your reply. Actually now my case is quite strong, i checked it with IAS as well and they recommend it. The only thing about which i am worrying is wether they process any fresh application before appeal hearing or not, i read on www.ukvisas.gov.uk that they can process fresh application even if appeal is outstanding, i paste it here for your ref.

27.9 - Fresh application while an appeal is outstanding
There is nothing in law to prevent a person who has an appeal pending from making a fresh application for entry clearance. Therefore while it may be appropriate to invite or encourage an appeal to be withdrawn it would be wrong to require a person to withdraw an appeal before allowing a further application to be made. Note that if the appellant is given leave to enter the United Kingdom, either a result of being issued with entry clearance or not, any outstanding appeal will be deemed abandoned.


Please tell me does it affects on my fresh application tht she refused once and she submitted an appeal before?

Again thanks a lot for your replies.

Regards,

[Kayalami]

Understandably the British authorities must consider someone's immigration history to include previous applications when a fresh application is submitted. The latest application will be judged on its merits and if the immigration rules are met a visa will be granted. The new circumstances must overcome the previous reasons for refusal. The pending appeal does not prejudice a fresh application.

[akamran]

thanks kayalami, its really helpful and i feel quite satisfied. I address all questions of previous refusal very well in fresh application. Just pray.

Again thanks for your help.

[motorbyke]

Does anyone know how many days it takes for the tribunal to decide the appeal after the given date?

regards

[Kayalami]

Usually within 6 weeks - I've known the tribunal to issue/promogulate decisions in 1 week.

[soniyashah]

hi,

i am in the same situation as you. i am a british national and applied for my husband to join me last year in february. his application was refused and he was given a right to appeal.

we have now been given a appeal hearing date for 19th april, which is next week.

we were also advised that we could lodge a new application in islamabad.

but when i spoke to 5 different solicitors they all advised me against doing that.

because all new applications will also go on what the old applications say.

my advice to you would be to hold on till the appeal see what the outcome of that is then maybe submit a fresh application.

because they will look at what points they refused her on previously.

so just wait n see what happens as they might even use the old points again.

also i have been speaking to various people who have appeals pending with islamabad and the people that have submitted new applications have all been refused.

i know 11 different people who were advised to do this and all got refused due to the last application.

i dont think it is worth it. you have not got that long to wait. if you want details for these other people to get some advice from let me know and i will pass u their email addresses.

[Mars007]

soniyashah, please can I ask you for the e-mail addresses. One of my friends is in similar situation.