Can I apply for visa UK again after appeal dismissed

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Can I apply for visa UK again after appeal dismissed

Postby sooluvbi » Fri Apr 02, 2010 4:19 pm

Hi everyone,

I am a Vietnamese student. I am having one problem about my visa UK student. (tier 4 General Student).

I applied for UK visa on 23/10/09, 1 week before the expiry date of my old visa (31/10/09).
On 31/12/09, I received the refusal letter from the HO to state that my bank statement had no name and no account number on.
On 31/12/09, I sent my appeal form to the Tribunal Service, and then on 22/03/10, my appeal was dismissed.

Now I am choosing the dilemma:

1, Sending the application for reconsideration to the Tribunal Service, it can be called like the 2nd chance of appeal.

2, Applying again inside the UK.

And, if I can apply again, can I apply in person ( pay 628 pounds). Because it states that I must apply before the expiry date of my visa.

Thanks so much.

Regards.

STeve.
sooluvbi
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Re: Can I apply for visa UK again after appeal dismissed

Postby potterbond007 » Sat Apr 03, 2010 7:00 pm

sooluvbi wrote:Hi everyone,

I am a Vietnamese student. I am having one problem about my visa UK student. (tier 4 General Student).

I applied for UK visa on 23/10/09, 1 week before the expiry date of my old visa (31/10/09).
On 31/12/09, I received the refusal letter from the HO to state that my bank statement had no name and no account number on.
On 31/12/09, I sent my appeal form to the Tribunal Service, and then on 22/03/10, my appeal was dismissed.

Now I am choosing the dilemma:

1, Sending the application for reconsideration to the Tribunal Service, it can be called like the 2nd chance of appeal.

2, Applying again inside the UK.

And, if I can apply again, can I apply in person ( pay 628 pounds). Because it states that I must apply before the expiry date of my visa.

Thanks so much.

Regards.

STeve.
I have no clue as to how you lost your appeal.. it was just a matter of proving that that the bank account is yours..!!! But since things are getting worse, I would suggest a second application instead of the 2nd appeal ( I believe it is a review).. get your documents correct this time..
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Postby sooluvbi » Mon Apr 05, 2010 2:14 pm

Hi, thank for your reply!!

Can I apply in person (pay 628) in Liverpool?? Because my visa expired on 31/10/09. :)

Thanks
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Postby fshhddn » Mon Apr 05, 2010 11:21 pm

Your last visa has expired. When you made the appeal, your stay here is by virture of 3c/3d Immigration Act, for the purpose to appeal. Once you receive the appeal decision, it no longer apply but you still have 28 days to re-appeal, and if you do re-appeal, 3c/3d will be on again for you. But cannot have right to make a fresh PSW application when you are in 3c/3d. therefore, you must decide if you want to re-appeal but get all your evidence right this time, so that it will be a sucessful one. Or if you want to make a fresh application which in that case you must go back to Vietnam and apply there. You must inform the UKBA that you are leaving the UK voluntarily so that they put this in their system, otherwise you can be charged as overstayer. If you don't, you will have problems when you want to enter UK in the future. Good luck. thanks.
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Postby fshhddn » Mon Apr 05, 2010 11:24 pm

Sorry, my opinion above cannot apply for you. I thought you are applying for PSW. Very sorry.
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Postby sooluvbi » Tue Apr 06, 2010 1:31 am

No man, your thoughts are very correct!!

I can re-appeal in the period of 28 days :), and I have already prepared to send all my new documents ( perfect bank statements) then send it sometime this week.

But, about applying a fresh application, my adviser in the University said yes, and helped me with filling the form as well as collecting correct documents. I dont know it's right or not??. Because if it's not, I will lost 700 pounds :(
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Postby arsenal49 » Tue Apr 06, 2010 2:09 am

No fresh application can be made when appeal is currently being heard in court.

You will lose your app fees and will be told to either withdraw your appeal OR current application.

Your uni official is wrong. Ask him/her to show you the section of the law where it says that you can make a new application while your appeal is still LIVE.

He/she cant show you because that section doesnt exist.

Regards
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Postby sooluvbi » Tue Apr 06, 2010 4:50 pm

Yeah man, sorry maybe I misled you :).

My university adviser said I can apply a fresh application, but before that we need to call to cancel the appeal. Because what I asked him is whether I can apply once more, and he said yes.

I just have only 1 problem now, because my documents I think it's enough and correct at this time. The problem is, I want to apply in person. Because, I am afraid if I apply by post, they will probably keep my documents for a long time without return ( now it's summer I want to go back home), and my house contract is nearly running out so I need to inform the HO about the new address, it's very complex.

So, I want to apply in person, my documents will be sent back immidiately as well as the decision, and I will receive my visa in 10 working days( 2 weeks).

But my visa expired, I dont know can I apply in person or not??. I hope the answer is positive.

Thanks so much.
sooluvbi
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Postby saeedusman » Mon Apr 19, 2010 9:11 pm

arsenal49 wrote:No fresh application can be made when appeal is currently being heard in court.



So how I will be able to make a fresh application for PSW when my student extesnion application is in progress (either first time application or appeal after refusal)???

I have talked with one lawyer as well and he told me same that I should make student extension and if they refuse me then go for appeal and in the mean time prepare the documents for PSW.

It has become a confusing matter if one can apply (new application in same category or in any other category) for visa while already having one case in progress (either first time or appeal afte refusal).

Who can clarify this situation?

Regards,
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