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How to make Fresh application while appeal is pending?

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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zeeshi1122
Member
Posts: 133
Joined: Mon Jun 01, 2015 7:00 pm

How to make Fresh application while appeal is pending?

Post by zeeshi1122 » Mon Jun 22, 2015 10:11 am

Hi All,

I just want to know how to make fresh application while appeal is pending,

Currently i am in appeal and waiting for my hearing date now i want to make a fresh application, how do i make a fresh application?? I don't want to become an overstayer please anyone advice.

Thanks
Zeeshi

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: How to make Fresh application while appeal is pending?

Post by sah10406 » Mon Jun 22, 2015 11:30 am

You can't.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

vinny
Moderator
Posts: 32793
Joined: Tue Sep 25, 2007 7:58 pm

Re: How to make Fresh application while appeal is pending?

Post by vinny » Mon Jun 22, 2015 11:45 am

You cannot make an application, unless you withdraw your appeal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zeeshi1122
Member
Posts: 133
Joined: Mon Jun 01, 2015 7:00 pm

Re: How to make Fresh application while appeal is pending?

Post by zeeshi1122 » Mon Jun 22, 2015 1:41 pm

Thanks for your quick response,

How do i withdraw an appeal? If I withdraw an appeal by fax and make a fresh application using premium service on the same day with the copy of withdrawal fax is that ok?

Or do i need to wait for the tribunal to send me a confirmation of withdrawal??

Thanks for your help

vinny
Moderator
Posts: 32793
Joined: Tue Sep 25, 2007 7:58 pm

Re: How to make Fresh application while appeal is pending?

Post by vinny » Mon Jun 22, 2015 6:40 pm

Safer to wait for confirmation of withdrawal.

Don't forget that you will be an overstayer and, if applying under Tier 4, cannot rely on established presence, etc.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zeeshi1122
Member
Posts: 133
Joined: Mon Jun 01, 2015 7:00 pm

Re: How to make Fresh application while appeal is pending?

Post by zeeshi1122 » Mon Jun 22, 2015 8:17 pm

Thanks for your reply Vinny,

Can you please advise if i will wait for the hearing and tribunal dismiss my appeal and after that i can make fresh application just avoid to become an overstayer??
If it can works?

Really appreciate your advise.

Thanks

vinny
Moderator
Posts: 32793
Joined: Tue Sep 25, 2007 7:58 pm

Re: How to make Fresh application while appeal is pending?

Post by vinny » Mon Jun 22, 2015 11:32 pm

Unfortunately, in order to make an application, becoming an overstayer may be unavoidable, unless you win your appeal or the UKVI withdrew their refusal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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