Ever made a fresh application while appeal is pending?

[favour]

Hello,
Have you ever submitted a fresh application to home office while appeal is pending?
Please share you experience.
My app got refused end of July, I have just put in an appeal to ftt. 10 years long resident will be completed in september, solicitor is advising not to take any risk but to only put in a fresh LR application and not withdraw appeal.

[geriatrix]

Have you read section 3c guidance?

While the person’s leave is extended by section 3C or 3D, they cannot make a new application to extend leave.

[Obie]

but to only put in a fresh LR application and not withdraw appeal.

I must say that this is truly a worrying advise from a competent Solicitor.

Did he suggest that such application will be dealt with substantively?

[vinny]

The Long residence guidance also advises against making a fresh application while an appeal is outstanding.

[SpokenHands]

I presume you lodged an appeal to buy time to consider your options, and do not hold much confidence that the appeal itself with generate a positive outcome.

If you now have an application ready that you're satisfied will meet your desired outcome, you can withdraw your appeal formally before making that fresh application. Note you will usually need to do this outside the UK (withdraw the appeal and make a fresh application) before returning to the UK when fresh leave is granted.

This may not be an appropriate route if you wish to make an in-country application afresh. There are obviously risks if your new application is not granted.

[favour]

Thank you for your responses
@vinnny and Sush,
I did read the guidance, but not sure if they will follow the guidance or there is a possibility of refusal?
The solicitor is just against widrawing the appeal just to avoid any possible issues and thought it might be saver for a new lr application to go through the ho to their hopo.
@spokenhand, the appeal is on human rights ground, which I believe has merit. An unlawful decision was initially made with regards to stating the appl is invalid , this was in 2013, there had been a judicial review and an appeal before a lawful decision to refuse was now made in July.
Are you saying that if I want to withdraw appeal and then make afresh application it now has to be out of country?

[favour]

If I may ask, if they follow the guidance, is this a positive thing or could it complicate issues?

[SpokenHands]

I am not an immigration law expert and would defer to the expertise on this forum.
But on a common sense basis:

• Do you/your lawyer believe you have a strong case for appeal? In which case why the need to withdraw?
  If you formally withdraw the appeal, what leave do you have to remain in the UK?
  If you have no leave, what actions does this expose you to? Detention and Removal with very little control?

If you withdraw your appeal, I would expect you would need to leave the country and make an out-of-country application (afresh) from your home country; fraught as that is with constraints and risks. If you have a Human Rights based matter, this may not be ideal.

[favour]

If the homeoffice follows the guidance, is this a positive thing or could it complicate issues for me?

[geriatrix]

What is "this" and "it" that you are referring to?

[favour]

the guidance stated that if one put in a fresh application during while appeal is pending, the case worker should invalidate the fresh application and send the file labelling it as priority to the ho presenting officer to notify them of the LR application.
Does HO notifying the HOPO themselves positively speed up the application (i.e they could withdraw the appeal) or complicate the appeal (i.e look for reasons why they won't want to give ILR)

[favour]

Please experts I really need your opinion.

[Jollyjustcome]

In my honest opinion, HO just like complicating matters with the rules
1. U cannot make a fresh application while u still have a pending appeal.
2. If u withdraw the appeal, you will automatically loose your right to work and the new application will be made out of time! Even if u withdraw apeal and put in fresh application on the same day!
3. If an application is made out if time, it means u have no leave anymore, if the application is refused, you have no right of appeal and might be asked to start signing, removal notice etc!!!

My advice is, save it money for fresh application and continue with the appeal! Exhaust all rights of appeal before u bring a fresh application!

[favour]

I made the appeal application at the mid of august, I have been calling the tribunal since then to confirm progress. to my dismay, i was informed yesterday that it cannot be found. and they are currently processing appeals submitted 5 days after I submitted mine.
Please what can I do? the advisor suggested resubmission, but will that not be recorded as late?

[Obie]

I made the appeal application at the mid of august, I have been calling the tribunal since then to confirm progress. to my dismay, i was informed yesterday that it cannot be found. and they are currently processing appeals submitted 5 days after I submitted mine.
Please what can I do? the advisor suggested resubmission, but will that not be recorded as late?

In circumstances like this the adviser should provide proof of posting or faxing which ought of have been kept on file.

Otherwise some difficult days lies ahead.

[favour]

Thanks Obie. It was submitted online and we have the proof of all submitted pages. this has been forwarded to the tribunal.

[favour]

Hello Obie please help
I called the tribunal again this morning and they. Confirm that they are now working on application submitted on fourth,whereas ours was received by them on 3rd morning.
And still not on the system.
Can we withdraw at this point? Or do we need to wait till they have it on their system. I am really panicking

[favour]

'We eventually got a letter from the tribunal judge at the end of October that time has been extended. But no appeal date yet and no contact from office.
During this long wait, while we were not sure if our appeal will ever be accepted, within 28 days of the refusal we still went ahead and made ILR application at PEO. it was returned as invalid.
We now want to add additional ground of completing 10 yrs to the appeal.

Can anybody please guide me on how to go about adding additional ground ? thank you.

[favour]

I eventually took the bold step and withdrew this appeal.
I got the approval letter today. The whole process took 3.5weeks.

2days to get confirmation email of withdrawal, 7 days to go for PEO appointment and two weeks waiting for approval.

Thank you Jesus!

Thank you everyone, thanks Obie.