DO I need to with draw my appeal before make a new applicati

[vinith]

Hello,
I have applied for Tire 1 Entrepreneur visa and got refused and I have made an in time appeal and now its in upper tribunal for reconsideration. However I got a sponsor who is ready to sponsor me as I was told I cannot make a same day application as my passport and documents are in UKBA. Before I make a new application do I need to withdraw my application and send the withdraw form along with my new application (OR) First make a application and write a covering letter by confirming that I am going to withdraw my existing application and then withdraw the appeal after I made new application . I bit confused on this any suggestions are really appreciated.

Thank you

[Jeeves]

3C(4) of the 1971 act would seem to suggest that you need to withdraw the appeal before you can apply.

http://www.legislation.gov.uk/ukpga/1971/77