During Appeal, Passport is Lost, New Application ???

[salmanisd]

Hello Every one,
My case is in appeal,
And my passport is lost
Is it possible to make new application without passport ?


Please anybody help me in this matter.
Many Thanks

[geriatrix]

You cannot make a new application while the appeal is pending - neither without a passport nor with a new passport.

[salmanisd]

Thanks
are you sure about this.
As i have ask the immigration lawyer he is saying there is an option
for lost passport but you have to attach police report with it.
More over according to the immigration lawyer anyone can make new application during appeal.

i am confused now :s

[Spidery_thread]

Hello Every one,
My case is in appeal,
And my passport is lost
Is it possible to make new application without passport ?


Please anybody help me in this matter.
Many Thanks

You can file a new application while an appeal is pending, as there is an option in most application forms.

E.g: I refer you to Page 23, Question J24 on T4G Application form:

http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf

You can take both simultaneously, HO will either tell you to withdraw your appeal so that they can issue you with a new visa or if your appeal is allowed you then can withdraw your new application with the HO or you can withdraw your appeal once you file new application.

For lost/stolen passport, you'll have to attach the Police report with your application and reapply new passport ASAP.

[Greenie]

You cannot make a new application whilst you have an outstanding appeal as section 3c of the immigration act 1971 does not allow it. If you make a fresh application whilst your appeal is on going ukba will send it back to you and tell you it cannot be considered.

[Spidery_thread]

You cannot make a new application whilst you have an outstanding appeal as section 3c of the immigration act 1971 does not allow it. If you make a fresh application whilst your appeal is on going ukba will send it back to you and tell you it cannot be considered.

With due respect, my cousin PSW was refused due to maintenance, we appealed and when he completed another 28 days period of maintained funds, he reapplied Tier 1 PSW while the appeal was pending.

Appeal dismissed at 1st Tier Tribunal but was allowed at Upper Tribunal, his fresh application for PSW was also approved and there was no contradiction between the two.

When UKBA receives the new application, appeal can be withdrawn. Also if fresh application can not be made while an appeal is pending, why there is Question J24, in T4G application form.

Please comment. It will be an addition to my knowledge.

[Greenie]

See section 5

http://www.ukba.homeoffice.gov.uk/sitec ... schapter1/

If leave is extended by virtue of section 3C then a new application cannot be made.

[Spidery_thread]

See section 5

http://www.ukba.homeoffice.gov.uk/sitec ... schapter1/

If leave is extended by virtue of section 3C then a new application cannot be made.

Dear Greenie,

HO do accept multiple applications, this is my personal experience on 3 different occassions.

I filed T4G, in June 2011 then varied it with SET(O)-LR-ILR in Sep 2011, while T4G was still pending, both were considered.

Please see this:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

SECTION 3C OF THE IMMIGRATION ACT 1971 (AS AMENDED)
Although the intruction is obselete, 2nd application is still considered while Section 3C is enforced.

I don't know how.

Thanks for your info.

[Greenie]

The IDI you are referring to is obsolete, i.e. it no longer applies.

The current IDI on Section 3C and 3D leave is here

Whilst leave is still current, multiple applications can be made, however once 3C leave is in play, an applicant is not permitted to make a further application, he or she can only vary the grounds of the outstanding application. once the application has been refused, there is no application to vary and therefore an applicant cannot make a further application whilst his or her leave is extended under 3C by virtue of an outstanding appeal.

[Spidery_thread]

The IDI you are referring to is obsolete, i.e. it no longer applies.

The current IDI on Section 3C and 3D leave is here

Whilst leave is still current, multiple applications can be made, however once 3C leave is in play, an applicant is not permitted to make a further application, he or she can only vary the grounds of the outstanding application. once the application has been refused, there is no application to vary and therefore an applicant cannot make a further application whilst his or her leave is extended under 3C by virtue of an outstanding appeal.

Hi,

Let me re-phrase my post:

I understand that IDI I mentioned is obsolete as per my previous post:

1) But my understanding is leave can be varied to a different kind of application but the grounds of current application can not be varied once section 3C is in force.(as per my applications, T4G to ILR when 3C was in force).

2) One can file fresh application in the same category to which he/she is already appealing against the refusal on previous application in the same category at the Tribunal but he/she must withdraw the appeal, 'The day HO receives the application' to discontinue section 3C.

These 3C rules are bit tricky if I may say.

Thanks.

[Greenie]

The IDI you are referring to is obsolete, i.e. it no longer applies.

The current IDI on Section 3C and 3D leave is here

Whilst leave is still current, multiple applications can be made, however once 3C leave is in play, an applicant is not permitted to make a further application, he or she can only vary the grounds of the outstanding application. once the application has been refused, there is no application to vary and therefore an applicant cannot make a further application whilst his or her leave is extended under 3C by virtue of an outstanding appeal.

Hi,

Let me re-phrase my post:

I understand that IDI I mentioned is obsolete as per my previous post:

1) But my understanding is leave can be varied to a different kind of application but the grounds of current application can not be varied once section 3C is in force.(as per my applications, T4G to ILR when 3C was in force).

2) One can file fresh application in the same category to which he/she is already appealing against the refusal on previous application in the same category at the Tribunal but he/she must withdraw the appeal, 'The day HO receives the application' to discontinue section 3C.

These 3C rules are bit tricky if I may say.

Thanks.

you are still confused and the information you have given above is incorrect (and at odds with what you have said previously). I would suggest you refrain from advising people on matters that you do not have a clear understanding of.

[Spidery_thread]

I am not confused at all, please consult an Immigration Solicitor, you'll find both above 1 & 2 correct in practice....

My advise is correct, as far as practicaly, in my case.

Also please read the footer.

[Greenie]

I am not confused at all, please consult an Immigration Solicitor, you'll find both above 1 & 2 correct in practice....

My advise is correct, as far as practicaly, in my case.

If you are not cofused, why are you are continuing to contradict the current guidance document and the law? The grounds of an application can be varied once 3C is in force, but not after the application has been refused. If an applicant withdrawns an appeal and applies on the same day, he risks the application being returned because the tribunal has not yet served the notice of withdrawal of appeal to affect the withdrawal.

[Spidery_thread]

I am not confused at all, please consult an Immigration Solicitor, you'll find both above 1 & 2 correct in practice....

My advise is correct, as far as practicaly, in my case.

If you are not cofused, why are you are continuing to contradict the current guidance document and the law? The grounds of an application can be varied once 3C is in force, but not after the application has been refused. If an applicant withdrawns an appeal and applies on the same day, he risks the application being returned because the tribunal has not yet served the notice of withdrawal of appeal to affect the withdrawal.

I am not contradicting Immigration laws, there is always a risk once an application is refused, I rest my case.

[masuma123]

hi,it will be very helpful for me if anyone suggest me in my present situation,,,I apply for psw april 2012,refused on january 2013 (reason date of award)...ftt hearing july 2013 again refused on august 2013...now appeal in utt ,,,still waiting for the permission,,,in this situation can i make new application in different category...am i consider to be over stayer...please help me ...