Appeal-Withdraw-Fresh Application

TheSpread · Post by **TheSpread** » Wed Apr 14, 2010 7:50 pm

So I posted here a while back but here is the stroy in brief. I made an application for a PSW visa in January but got rejected in February due to insufficient funds as my balance had dropped below the required amount over a few days. I then chose to appeal at court (instead of a paper hearing) and my appeal date is at the end of June. Since February I have managed to maintain sufficient funds for even an out-of-country application but I have been pondering upon the idea of withdrawing the appeal and making a fresh in-country application in June as this would be safer than doing it in my home country with regards to time span etc.

I did speak to one immigration lawyer briefly a few weeks ago and he seems to have been convinced that by law it is always possible to make a fresh in-country application as long as I am in the country and if I meet all the points required there shouldnt be a problem as at the moment my stay has been legally extended under my previous visa category (student visa) after having chosen the option to appeal. So technically I should be able to submit a new application stating I am here under a student visa which was extended due to an appeal which I would have withdrawn lets say on the day of the application. I dont know...has anyone ever heard of anyone in a similar situation who was successful or unsuccessful after doing so?

arsenal49 · Post by **arsenal49** » Thu Apr 15, 2010 12:20 am

try to get another consult with different lawyer....

if what he says is correct then there wouldnt be many people going back home after their initial app was turned down...

going by your lawyer's theory... every one can apply for psw with not enuff funds, then appeal. this will give them enuf time to make up the required balance and viola they have manipulated the system. im sure ho lawyers have thought about it and put appropriate system in place.

dont want to discourage you but thought you might want to consider another side of picture.

regards

TheSpread · Post by **TheSpread** » Fri Apr 23, 2010 11:34 pm

Thanks arsenal49. It was just a case of having realised the appeal hearing date was so far away and I had decided to continue with my internship. I have been seeing different opinions and they seem to say that I would be able to but I would have to withdraw my appeal before/on sending a fresh appliacation. Ofcourse the risk that would then arise is that I would be overstaying if the fresh application is rejected. I believe all my documents are solid now with no oversites whatsover. I guess it would be up to the caseworker.

joxiri · Post by **joxiri** » Fri May 07, 2010 9:56 pm

hi
i think u re best of withdrawiing ur application and returning to make out of country
if you withdraw and make in country you will be rejected because you have overstayed which will count against you under imigration record well thats how i see it
i might be wrong

potterbond007 · Post by **potterbond007** » Sat May 08, 2010 8:46 am

By law you i believe that you have the option to do a fresh in coountry application... Before withdrawing though, just see if you have crossed 28 days from the day that you previous application was rejected..

dukku · Post by **dukku** » Wed Jun 02, 2010 12:19 am

hi,
i withdrew my appeal from high court, got the confirmation,made a fresh in country application the next day, got my visa within two weeks plus interval....my secret was lots of prayer to God and He did work a miracle for me.

TheSpread · Post by **TheSpread** » Wed Jun 02, 2010 4:37 pm

dukku wrote:hi,
i withdrew my appeal from high court, got the confirmation,made a fresh in country application the next day, got my visa within two weeks plus interval....my secret was lots of prayer to God and He did work a miracle for me.

Did you go through a solicitor Dukku? I am considering doing this but not sure if it's best to go through a solicitor or not.

dukku · Post by **dukku** » Fri Jun 04, 2010 12:21 am

the spread, i didnt use any solicitor....

TheSpread · Post by **TheSpread** » Wed Jun 09, 2010 11:34 pm

Thanks dukku. I will be sending my letter of withdrawal tomorrow. Do you have any idea how many days it took for you to get the letter from appeals confirming you had withdrawn your appeal...I understand UKBA require a letter from them in order to accept a fresh application. Also I am wondering if it is possible to make an in person application (rather than postal) to minimise time of overstaying after the appeal is withdrawn.

tyro11 · Post by **tyro11** » Sat Nov 27, 2010 7:11 pm

hi theSpread I have nearly same kind of situation. please update me what what was your result.
Thanks

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Appeal-Withdraw-Fresh Application

Appeal-Withdraw-Fresh Application