Withdrawing an appeal

Please can anyone explain the procedure to withdraw a pending appeal in order to bring a fresh application?
When is the date of withdrawal? Is it the date you send a fax to withdraw/ post the notice of withdrawal?

Or is the the date your receive a confirmation from the tribunal that your appeal has been withdrawn?

My husbands application was returned invalid because he still had a pending appeal eventough he withdrew the appeal way before April 6.

Is he now an overstayer? And if so, from when did he become an overstayer!

Please provide complete details for suggestions. Further, if application held invalid due to pending appeal then not an overstayed due to 3c. And if I remember there were some cases in which when new application was submitted it was taken that previous appeal was held withdrawn. Senior members may advise better.

I think that an appeal is treated as withdrawn when the tribunal notifies each party in writing that a withdrawal has taken effect under this rule and that the proceedings are no longer regarded by the Tribunal as pending.

Then, the applicant becomes an overstayer, as Section 3C ceases.

If your husband hasn't received notification of the withdrawal of the appeal he should check the status with the tribunal.

He becomes an overstayer from the date of the withdrawal of the appeal, as notified by the tribunal, but he can re-apply within 28 days of this date. His invalid application is treated as if it hadn't been made.

manci wrote:If your husband hasn't received notification of the withdrawal of the appeal he should check the status with the tribunal.

He becomes an overstayer from the date of the withdrawal of the appeal, as notified by the tribunal, but he can re-apply within 28 days of this date. His invalid application is treated as if it hadn't been made.

But Tier 1 General for the main applicant can not be applied now even within 28 days limit of appeal withdrawl as the last application date is passed.

Thank yo for your various contributions

Appeal was withdrawn by fax and post on the 2nd of April.

Tier 1 general extension was sent the same time when withdrawing appeal in order not to create a gap.

Notice of withdrawal of appeal dated 9th April 2015.
HO says the extension application is invalid because he had a pending appeal while the extension application was lodged.
And appeal withdrawn on the 9 th of April, not 2nd. Tier 1 general closed on the 6th and we are returning your documents and refunding your fee.

Does he become an overstayer from the 9th despite the fact that his application was with them for 28 days or more, and they only returned his documents on the 23rd of May???????

In my opinion, technically if the appeal wirhdrawal date is 9 April, then yes, its is an overstay as an invalid application is submitted, check with tribunal the date of withdrawal just to double check it.

Jollyjustcome wrote:Thank yo for your various contributions

Appeal was withdrawn by fax and post on the 2nd of April.

Tier 1 general extension was sent the same time when withdrawing appeal in order not to create a gap.

Notice of withdrawal of appeal dated 9th April 2015.
HO says the extension application is invalid because he had a pending appeal while the extension application was lodged.
And appeal withdrawn on the 9 th of April, not 2nd. Tier 1 general closed on the 6th and we are returning your documents and refunding your fee.

Does he become an overstayer from the 9th despite the fact that his application was with them for 28 days or more, and they only returned his documents on the 23rd of May???????

Hi, further, if I remember correctly on another post you mentined that your husband applying for ILR, then what happens yo that application and why did you apply Tier 1. Please share complete details. Thanks

Can you make a new application while awaiting outcome of another application or appeal?

See also Patel, R (on the application of) v Secretary of State for the Home Department (s.3C(4): simultaneous application – withdrawal) (IJR) [2015] UKUT 273 (IAC) (6 May 2015)

Effective date of withdrawal

Rules 17

First Tier Tribunal

Upper Tribunal

Thanks so much Vinny for the links and for still having me in mind. I've really given up on this issue, whatever happens happens, it's been going on for too long now and really can't be bothered anymore.

My solicitor is aware of the latest Patel case. Hope we get some good news soon.
Thanks.