can we reapply while appeal in progress??? experts plz

[qkiyani]

hi,
my visa was expired in march n got refusal in may.appealed on 21 may now i got hearing date of 14 nov which is too long n i cant wait

experts can u plz suggest me that can i reapply or not ???? if i reapply then wat gonna happen to my appeal ???

Thanx in advance

[tuliprose]

hi,
my visa was expired in march n got refusal in may.appealed on 21 may now i got hearing date of 14 nov which is too long n i cant wait

experts can u plz suggest me that can i reapply or not ???? if i reapply then wat gonna happen to my appeal ???

Thanx in advance

First you need to make sure that you all the papers ready to reapply.

Withdraw your appeal and send fresh application.

In application form you need to declare that you don't have any pending appeal.

If refused next time, you will not be given right of appeal.

[Dayyurite]

Do not withdraw your appeal before you reapply. I you withdraw your appeal you 28 days will go back to the date your first application was refused.

Just put in your new application while your appeal is in and home office will automatically drop the appeal by notifying court that you have put in a new application and in that case you 28 days period start in the date of new application.

Play safe

[quantum1]

Do not withdraw your appeal before you reapply. I you withdraw your appeal you 28 days will go back to the date your first application was refused.

Just put in your new application while your appeal is in and home office will automatically drop the appeal by notifying court that you have put in a new application and in that case you 28 days period start in the date of new application.

Play safe

Is this true? What is your source? There is risk in applying then withdrawing appeal. Some on in this forum did it but it takes and his application was refused because it takes time to withdraw an appeal. Date of withdrawal is not the date you inform them. Risky both ways I guess.

[rsrameshsunil]

hi,
my visa was expired in march n got refusal in may.appealed on 21 may now i got hearing date of 14 nov which is too long n i cant wait

experts can u plz suggest me that can i reapply or not ???? if i reapply then wat gonna happen to my appeal ???

Thanx in advance

Remember the rules:

1. You cannot make an application while appeal pending. It will be automatically refused.

2.If you withdraw your appeal, From that moment on you are an overstayer. I just saw a post from another member that his application was refused for applying as an overstayer even though he applied before the 28 day window. Yes UKBA are doing that.

I would advice you NOT to withdraw your appeal. You will be trouble.

[Splash]

After refusal from court ,If someone reapply Tier1 Enter within 28 days and gets visa then what would be the impact on 10 year long residency ?.

It would break or not ?.

[Darvesh]

it will break long residence as u have been illegal in the country after ur appeal rejected though u can make new application within 28days as well.

[sabuj263]

it will break long residence as u have been illegal in the country after ur appeal rejected though u can make new application within 28days as well.

What will happen if appeal to UTT? Darvesh would you please provide any link from UKBA about the break.

[qkiyani]

thanx guys for ur replies.... still em really confused wat to do even i have sorted both refusal points 1) dont hav access to complete 50k,,, now i hav jointed account with my team member n second no landline number was providedin contract ,,,, for that i hav got a revised contract with all details

even my i hav discuused it with my solicitor about reapply n he said yes i can do reapply while appeal is pending n he said dont need to withdraw ur appeal ....caseworker might grant u visa or he will leave decision on the judge till hearing date ..... so wat u guys think is he right????

[vinny]

See also Section 3C/3D.