Jambo wrote:dot3 wrote:Hi everyone,
I am new here but i have enjoyed all the gurus that contributed. I can see the two have been lopsided Appeal and reconsideration request.
Appeal + fresh application = ALLOWED
Reconsideration + fresh application = NOT ALOWED
APL1.21 Issue of entry clearance with appeal outstanding Under section 9 of the 2006 Act, if an applicant has an outstanding appeal but makes a new application and is issued an entry clearance in a different category, any outstanding appeal against an entry clearance refusal will continue unless the appellant notifies the Tribunals Service or Post that they do not wish to proceed with the appeal.
APL1.20 Applicant makes fresh application while an appeal is outstanding A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, Post must inform the Tribunals Service at:
eco.contact@hmcts.gsi.gov.uk. The ECO must ensure that a proforma of Withdrawal of Decision is also sent to the Tribunals Service and this appeal will stop.
Appeal vs Reconsideration
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary from the above link,
Effect of fresh application For decisions made on or after 9 July 2013, if an applicant makes a reconsideration request and then submits a fresh application for limited or indefinite leave to remain, this will have the effect of withdrawing the reconsideration request. If the migrant makes a reconsideration request about a decision made on or after 9 July 2013 after making a new application, the request must be rejected.
Thanks.
The link and the quotes refers to applications under the immigration rules ("leave to remain"). It's not applicable to applications under the EEA Regulations although the policies are similar.
What is a reconsideration request as opposed to an appeal?? I though this was one thing, decision is appealed, goes to ECM for reconsideration then date for appeal hearing.
I have a hearing date 4months from now but will be reapplying, but I am hearing different noises about whether we should withdraw our pending appeal.
Just going over this thread have we now established that
A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. as stated in APL 1.20 under Appeal guidelines.
Therefore if our new application satisfies standard spouse visa requirements then application should be accepted. We will obviously note in application that we have been refused and provide details of refusal notice and points of issues that have been satisfied.
