Could i withdraw my appeal in this situation

[scathy]

Hi,
My visa was refused due to insufficient fund. i had a 10% progression discount for my master's course. While when i submitted the bankstatement, i only submitted passport bankstatement without saving account statement or the confirmation of progression discount. the home office was unsatisfied and refused my visa.

I did an appeal and the court allowed it, but the UKBA appealled against that because they thought the court thought i "live a private life" this evidence is not sufficient enough. Now my case is in the Upper tribunal. I want to know could i withdraw it now in this situation, because i donot want to wait anymore. and could i reapply a fresh visa inside the uk? what my immigration status would be if i withdraw it now? thanks a lot. my grandpa passed away last month and i couldnot go back. What i want to do now is try to reapply a new visa and go back to see my grandma (((

[vinny]

If you withdrew your appeal and re-apply, then you would have to meet all the requirements of the immigration rules again. If the application is made out-of-time, then you cannot rely on established presence, etc.

[scathy]

If you withdrew your appeal and re-apply, then you would have to meet all the requirements of the immigration rules again. If the application is made out-of-time, then you cannot rely on established presence, etc.

thanks a lot. I have got enough fund for over 2 months (over £8000). my visa was expired last october, and i have been in the appeal progress since Jan this year. If i want to withdraw it now, and could i re-apply it as soon as i receive the confirmation of the withdrawal? thanks a lot!

[Loveislovely]

Hi Scathy!

Vinny is correct, once your application is out of date, "meaning that you do not have an extention of stay, as you have stated previously, that your visa has been expired since last October" then you cannot apply in another category, you are allowed to appeal because when you submit your application last year, it was an in time application. It is sad, but those are the rules.

NB: If you withdrew your application, then you are giving up your chances of a successful appeal. Therefore you will be subject to breach of immigration rules.

Good luck

Loveislovely

[scathy]

Hi Scathy!

Vinny is correct, once your application is out of date, "meaning that you do not have an extention of stay, as you have stated previously, that your visa has been expired since last October" then you cannot apply in another category, you are allowed to appeal because when you submit your application last year, it was an in time application. It is sad, but those are the rules.

NB: If you withdrew your application, then you are giving up your chances of a successful appeal. Therefore you will be subject to breach of immigration rules.

Good luck

Thanks a lot. so i just continue wait for the result. May god bless me.there are only few months before i finish my study./

[Greenie]

Hi Scathy!

Vinny is correct, once your application is out of date, "meaning that you do not have an extention of stay, as you have stated previously, that your visa has been expired since last October" then you cannot apply in another category, you are allowed to appeal because when you submit your application last year, it was an in time application. It is sad, but those are the rules.

NB: If you withdrew your application, then you are giving up your chances of a successful appeal. Therefore you will be subject to breach of immigration rules.

Good luck

Loveislovely

this is not what Vinny has said - what Vinny said was that if she applies out of time she cannot rely on established presence (i.e. lower maintenance requirements).

it is not correct that the OP cannot make another application, it's just that the application would be made out of time and therefore s/he would not get a right of appeal if the application is refused. The tier 4 rules allow for out of time applications.

Scathy when does your course finish?

[scathy]

Hi Scathy!

Vinny is correct, once your application is out of date, "meaning that you do not have an extention of stay, as you have stated previously, that your visa has been expired since last October" then you cannot apply in another category, you are allowed to appeal because when you submit your application last year, it was an in time application. It is sad, but those are the rules.

NB: If you withdrew your application, then you are giving up your chances of a successful appeal. Therefore you will be subject to breach of immigration rules.

Good luck

Loveislovely

this is not what Vinny has said - what Vinny said was that if she applies out of time she cannot rely on established presence (i.e. lower maintenance requirements).

it is not correct that the OP cannot make another application, it's just that the application would be made out of time and therefore s/he would not get a right of appeal if the application is refused. The tier 4 rules allow for out of time applications.

Scathy when does your course finish?

My course will finish on September, but in fact i could go back on August and finish my final assignment in my country. I spoke to another solicitor this afternoon and she said it is not worth reapply a fresh visa. she think even if i withdraw it, the board agency might ask me to leave immediately and even refuse me again. i donot know whom i should follow and feel scared.

[Greenie]

if you meet the rules you have every chance of an application suceeding but given the short time you have left it may not be worthwhile - particularly as you are unlikely to get a decision before August if you did reapply due to the current processing times.

at what stage is the case at the UT - have the UKBA been granted permission to appeal? Are you waiting for a hearing date?

[scathy]

if you meet the rules you have every chance of an application suceeding but given the short time you have left it may not be worthwhile - particularly as you are unlikely to get a decision before August if you did reapply due to the current processing times.

at what stage is the case at the UT - have the UKBA been granted permission to appeal? Are you waiting for a hearing date?

The court allowed my appeal at first, but the UKBA have been granted permission to appeal against that. As my words were too weak (the solicitor said). When i did the appeal, i didnot have enough time to book an appointment for a solicitor to help me prepare documents, so i did it by myself. I am waiting for a hearing date. my university told me it might be heard in the middle of June as I received the appeal of the UKBA on March 12th.

[Loveislovely]

if you meet the rules you have every chance of an application suceeding but given the short time you have left it may not be worthwhile - particularly as you are unlikely to get a decision before August if you did reapply due to the current processing times.

at what stage is the case at the UT - have the UKBA been granted permission to appeal? Are you waiting for a hearing date?

The court allowed my appeal at first, but the UKBA have been granted permission to appeal against that. As my words were too weak (the solicitor said). When i did the appeal, i didnot have enough time to book an appointment for a solicitor to help me prepare documents, so i did it by myself. I am waiting for a hearing date. my university told me it might be heard in the middle of June as I received the appeal of the UKBA on March 12th.

Hi Scathy!

I am terribly sorry for giving you wrong information, please accept my apologies, and Good luck