Appeal and fresh application same time?

[EEA2]

Hi everyone!
I am wondering if anybody know please.
My application for RC was denied because I couldn't provide valid passport. I went for appeal , but it takes loads of time, and my chances to win the appeal is quite low, I believe.
http://www.immigrationboards.com/viewto ... ht=#845129
Well the question now is by any chance can I submit new EEA2 application or I have to wait for the court outcome?

[Babz]

Hi everyone!
I am wondering if anybody know please.
My application for RC was denied because I couldn't provide valid passport. I went for appeal , but it takes loads of time, and my chances to win the appeal is quite low, I believe.
http://www.immigrationboards.com/viewto ... ht=#845129
Well the question now is by any chance can I submit new EEA2 application or I have to wait for the court outcome?

Yes,I believe you can reapply.
If you appeal then reapply,and if the UKBA is satisfied with the new application,they will contact the tribunal .
You can read the link below:
http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl1/

In it,APL1.20 says-
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."

Even though this is for applications lodged from outside the UK, it wouldn't be wrong to assume similar applies to applications made within the country.

[EEA2]

Thank you Babz for a good news:)

[diangelo]

You cannot reapply if you go for appeal because the Home office is notified of your appeal by the tribunal.Its either you file a new application or if you feel you have grounds to win ,then you can appeal.The Home office cannot do anything once you have appealed as the matter is no longer in their hands.

[diangelo]

Hi everyone!
I am wondering if anybody know please.
My application for RC was denied because I couldn't provide valid passport. I went for appeal , but it takes loads of time, and my chances to win the appeal is quite low, I believe.
http://www.immigrationboards.com/viewto ... ht=#845129
Well the question now is by any chance can I submit new EEA2 application or I have to wait for the court outcome?

Yes,I believe you can reapply.
If you appeal then reapply,and if the UKBA is satisfied with the new application,they will contact the tribunal .
You can read the link below:
http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl1/

In it,APL1.20 says-
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."

Even though this is for applications lodged from outside the UK, it wouldn't be wrong to assume similar applies to applications made within the country.

You cannot reapply if you go for appeal because the Home office is notified of your appeal by the tribunal.Its either you file a new application or if you feel you have grounds to win ,then you can appeal.The Home office cannot do anything once you have appealed as the matter is no longer in their hands.Yesterday, i got a letter from my MP in response to my appeal and the Home office made it clear that i have appealed,quoted the date they were served and told the MP that at this stage,there is nothing me,her nor them can do other than wait for the appeal.

[Obie]

You cannot reapply if you go for appeal because the Home office is notified of your appeal by the tribunal.Its either you file a new application or if you feel you have grounds to win ,then you can appeal.The Home office cannot do anything once you have appealed as the matter is no longer in their hands.

The option is open to an appeallant to make a new application.

Appealing, does not preclude a person from making further application.

[diangelo]

You cannot reapply if you go for appeal because the Home office is notified of your appeal by the tribunal.Its either you file a new application or if you feel you have grounds to win ,then you can appeal.The Home office cannot do anything once you have appealed as the matter is no longer in their hands.

The option is open to an appeallant to make a new application.

Appealing, does not preclude a person from making further application.

You cannot appeal and make fresh application the same time.You can only send in reconsideration request and if it is accepted,then they will ask you to withdraw the appeal other than that,a matter before a tribunal is beyond the grasp of the Home office.You cannot by pass the law.

[Obie]

You cannot by pass the law.

What law precisely?

[Babz]

You cannot reapply if you go for appeal because the Home office is notified of your appeal by the tribunal.Its either you file a new application or if you feel you have grounds to win ,then you can appeal.The Home office cannot do anything once you have appealed as the matter is no longer in their hands.

The option is open to an appeallant to make a new application.

Appealing, does not preclude a person from making further application.

You cannot appeal and make fresh application the same time.You can only send in reconsideration request and if it is accepted,then they will ask you to withdraw the appeal other than that,a matter before a tribunal is beyond the grasp of the Home office.You cannot by pass the law.

Anyway,Ive once appealed and later reapplied while appeal was pending....I'm talking from what I've experienced

[diangelo]

You cannot reapply if you go for appeal because the Home office is notified of your appeal by the tribunal.Its either you file a new application or if you feel you have grounds to win ,then you can appeal.The Home office cannot do anything once you have appealed as the matter is no longer in their hands.

The option is open to an appeallant to make a new application.

Appealing, does not preclude a person from making further application.

You cannot appeal and make fresh application the same time.You can only send in reconsideration request and if it is accepted,then they will ask you to withdraw the appeal other than that,a matter before a tribunal is beyond the grasp of the Home office.You cannot by pass the law.

Anyway,Ive once appealed and later reapplied while appeal was pending....I'm talking from what I've experienced

Did you read the letter of refusal as well from the Home office very well.You cannot undermine the Tribunal.Its either you reapply,withdraw your appeal as a result of reconsideration accepted.Has the Home office issued you another certificate of application since you reapplied?Its like someone who has a case in the court until the case is withdrawn as as result of arbitration panel resolution or otherwise amicable solution.The home office may be confused as a result of trainee workers handling immigration issues but that does not change the law.Go to the Home office website as well and see,there is no room for simultaneous application and /or appeal.

[Obie]

Well it appears to me, that you are the one that seems to be making the law and not the Home Office.

I understand that an appeal may delay the processing of an application, as file would have been sent to specialist appeals unit or HOPO office, but to say that an appeal precludes further application being made is quite wrong.

It may make sense to say that a review cannot go simultaneously with an appeal, as you are asking the decision maker to look at a decision again. But there no legal impediment to this been done, although a case worker may then form the view that it is unnecessary for him or her to review a decision, and may decline to do so.

There is no provision preventing an appeal, although if leave is granted, an appeal cannot proceed.

[diangelo]

Well it appears to me, that you are the one that seems to be making the law and not the Home Office.

I understand that an appeal may delay the processing of an application, as file would have been sent to specialist appeals unit or HOPO office, but to say that an appeal precludes further application being made is quite wrong.

It may make sense to say that a review cannot go simultaneously with an appeal, as you are asking the decision maker to look at a decision again. But there no legal impediment to this been done, although a case worker may then form the view that it is unnecessary for him or her to review a decision, and may decline to do so.

There is no provision preventing an appeal, although if leave is granted, an appeal cannot proceed.

It does appear that you are the one making the law now.You have not quoted where you got your information from.Appeal and fresh application cant go together

[Obie]

Well, I am not making anything. I did not make any assertion. I simply asked if you could back up your assertion.

I merely stated that according to the law of the land which governs immigration appeal, there are no provisions that preclude a person from making a new application whiles an appeal is pending or live.

[Directive/2004/38/EC]

diangelo,

For EU free movement applications, you can definitely have an appeal in progress and also make a new application. It is very normal.

This may or may not also apply to normal UK law immigration applications.

[diangelo]

diangelo,

For EU free movement applications, you can definitely have an appeal in progress and also make a new application. It is very normal.

This may or may not also apply to normal UK law immigration applications.

Thanks for your information,Guru,The link you sent never stated anywhere that you can appeal and make fresh applications same time.I have a letter from the Home office to my MP which clearly states that while an appeal is on,i either wait for the outcome,withdraw the appeal and make another fresh application.I would be happy if you can further show me where this is clearly stated otherwise.

[Babz]

diangelo,

For EU free movement applications, you can definitely have an appeal in progress and also make a new application. It is very normal.

This may or may not also apply to normal UK law immigration applications.

Thanks for your information,Guru,The link you sent never stated anywhere that you can appeal and make fresh applications same time.I have a letter from the Home office to my MP which clearly states that while an appeal is on,i either wait for the outcome,withdraw the appeal and make another fresh application.I would be happy if you can further show me where this is clearly stated otherwise.

i don't really know what the fuss is about. I have had an instance where the HO told a friend in this situation not to withdraw his appeal and he got his visa within a couple of days after reapplying.
If you do not withdraw your appeal, if the HO is satisfied with the new application, they will inform the tribunal and the appeal process will end.
You talked about undermining the tribunal. For God sake,this is visa application case and not some criminal case.

[Jambo]

I have a letter from the Home office to my MP which clearly states that while an appeal is on,i either wait for the outcome,withdraw the appeal and make another fresh application.

Well, if you got a letter from the home office this must be true.

Is this the same HO that tell people they must apply for EEA Family Permit if they leave the UK while their application for RC is still in progress? Or is it the same HO that tell people in the refusal letter that they need to prepare to leave the UK (even though the EEA national is exercising treaty rights)?

[EEA2]

Thanks for your replies guys! I am now preparing all documents , hopefully next month will be ready. I don't know my hearing date yet. Will see what will I get first court date or decision on my second application.)

[Juss]

Hi EEA2

you and me are in same boat as i was unable to provide valid passport with my application. But i provided my driving licence even that was refused with no right of appeal. I told you earlier that my lawyer went for judicial review.
Lets see what is outcome of this. Home office lawyer requested for extra time and my lawyer agreed.

That time limit is running out soon so we will see what they say.

I think appeal is best option instead of applying again and waiting for another 6 months for outcome and you never know what is that outcome.

What was the reason for not providing valid passport.

[Directive/2004/38/EC]

Juss, were you unable to provide the EU citizen passport, or the applicant passport?

[Juss]

I provided her EU Card and marriage certificate.

Objections by case worker were :

1. Not Valid passport of Mine.

2. No official letter to my name.

My passport was retained by HO in 2010 and it was already expired before application.
Second reason was silly as i provided enough evidence like

1. Tenancy Agreement signed by both
2. Mobile bills of both
3. Electoral voters letter from council both

For Her:
4. Her NI contribution letters
5. Her HM revenue letter stating she a Self employed
6. Her bank statements
7. Her invoices.
8. Photographs of both
9. Her Accountant letter

Case worker refused they my lawyer sent for reconsideration with my
Driving licence and more statements and bills. Case worker took this letter as Judaical review and wrote to lawyer to contact Judicial Review unit for further correspondence.
My lawyer went with pre action protocal in March and Grounds of appeal in May to Queens bench of High Court.

Still waiting for reply..........................???????

[Babz]

diangelo,

For EU free movement applications, you can definitely have an appeal in progress and also make a new application. It is very normal.

This may or may not also apply to normal UK law immigration applications.

Thanks for your information,Guru,The link you sent never stated anywhere that you can appeal and make fresh applications same time.I have a letter from the Home office to my MP which clearly states that while an appeal is on,i either wait for the outcome,withdraw the appeal and make another fresh application.I would be happy if you can further show me where this is clearly stated otherwise.

Hi Diangelo,
Just to inform you that my new application was accepted and I received my RC today...HO has also informed the tribunal...
So YES you can reapply while appeal is pending...

[diangelo]

Hi Babz,
What is not clear here is if your RC was issued as a result of the initial application you made being reconsidered or the HO withdrew because of your new application...this is still rather ambiguous .This Home Office is so messed up that they do not know how to swallow their pride.This same Home office wrote a letter to my MP that she forwarded to me stating all that i have written here before.In any case i am happy as well i won the appeal and the fee has been also awarded to me.Congrats anyway.

diangelo,

For EU free movement applications, you can definitely have an appeal in progress and also make a new application. It is very normal.

This may or may not also apply to normal UK law immigration applications.

Thanks for your information,Guru,The link you sent never stated anywhere that you can appeal and make fresh applications same time.I have a letter from the Home office to my MP which clearly states that while an appeal is on,i either wait for the outcome,withdraw the appeal and make another fresh application.I would be happy if you can further show me where this is clearly stated otherwise.

Hi Diangelo,
Just to inform you that my new application was accepted and I received my RC today...HO has also informed the tribunal...
So YES you can reapply while appeal is pending...

[Babz]

Hi Babz,
What is not clear here is if your RC was issued as a result of the initial application you made being reconsidered or the HO withdrew because of your new application...this is still rather ambiguous .This Home Office is so messed up that they do not know how to swallow their pride.This same Home office wrote a letter to my MP that she forwarded to me stating all that i have written here before.In any case i am happy as well i won the appeal and the fee has been also awarded to me.Congrats anyway.

diangelo,

For EU free movement applications, you can definitely have an appeal in progress and also make a new application. It is very normal.

This may or may not also apply to normal UK law immigration applications.

Thanks for your information,Guru,The link you sent never stated anywhere that you can appeal and make fresh applications same time.I have a letter from the Home office to my MP which clearly states that while an appeal is on,i either wait for the outcome,withdraw the appeal and make another fresh application.I would be happy if you can further show me where this is clearly stated otherwise.

Hi Diangelo,
Just to inform you that my new application was accepted and I received my RC today...HO has also informed the tribunal...
So YES you can reapply while appeal is pending...

Thanks...Congrats to you too.It was issued based on the new application...

[dot3]

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.