flr m appeal... Can we withdraw and reapply?

hi,

I was in the UK on a tier 4 student visa and then applied for an flr m visa in June 2013, this was refused in Sept 2013 as the HO didn't believe we were in a genuine and subsisting relationship due to insufficient evidence of cohabitation.

We appealed and had a first tier tribunal hearing in march, at this hearing the HO also raised another point of financial requirement. We also found out that my leave was curtailed (although I never received the letter, it was sent to a very old previous address). I did make the application within the 60 days so I don’t think this will affect it. The hearing was adjourned until May due to these points.

The hearing in May went OK, however, the judge ruled in favour for the genuine and subsisting relationship but still denied us on the financial requirement. We just met the financial requirement when we applied and well exceeded it at the time of hearing but the judge did not take this in to consideration.

We are now appealing to the upper tribunal. The first tier tribunal has granted us permission to appeal and we are still awaiting a hearing date.

This has been going on for over a year now, and the HO still have a number of my documents (my passports, birth certificate, bank statements, employment contract, degree certificates and marriage certificate).

Is it possible to withdraw our appeal and make a new application with a PEO application? How would we go about this as the HO have the majority of documents I would need to reapply?

Do we stand a good chance of succeeding with a PEO in person application?

Any advice is greatly appreciated.

Thanks

It's entirely possible to withdraw the appeal.

You can also put in an application for FLR(M) providing it's done within 28 days of the date of withdrawal (I THINK! I'm hoping someone will correct me if I'm wrong on that).

However, doing in person at a PEO is likely to result in it being put into the postal queue. The appeal history, combined with the withdrawal, is likely to make it too complex for the person to deal with it there and then.

M.

Do you think it is sensible to withdraw your appeal at this stage.

What is the situation with your sponsor?

Why do you want to withdraw?

The previous poster is right, you will not be able to attend a PEO counter.

Obie wrote:Don't think it is sensible to withdraw your appeal at this stage.

What is the situation with your sponsor?
My sponsor is still working and earns way over the financial requirment. we definitely meet the requirment
Why do you want to withdraw?
We have just waited for too long and am unable to work at the moment. Also i have not been to my home country in over 7 years.
The previous poster is right, you will not be able to attend a PEO counter.

Obie do you have a link to information that states that this is not possible?

it is possible but senseless as the rules permit you to make an application 28 days after section 3C elapses.

If upper tribunal has granted permission, then you are almost getting to the end of the road, rather than a new application which could take several months, as only people with extant leave to remain will be able to use PEO.

Obie many thanks. However, as stated earlier they still have my all my other documents. They returned my wife's documents but held onto mine. I understand they can keep passport. How can i surely get my documents back? Do they have the right to keep my documents? Please help

You have the right to request your documents.

Your passport can be held if you have no leave, but not your supporting documents, unless they are investigating the authenticity of the documents.