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can i withdraw my appeal and apply a different visa

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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cocoxu
Newly Registered
Posts: 9
Joined: Mon Nov 26, 2012 1:11 pm

can i withdraw my appeal and apply a different visa

Post by cocoxu » Thu Jul 04, 2013 9:34 am

Dear all, this is what has been going on with me:
11-11-2012, applied UK Tier 1 (E) under 50K route
13-12-2012, my PSW expired
7-5-2013, got refusal letter and appealed
5-6-2013, got married and (he is british)

Now if i withdraw my appeal and apply spouse visa, can i apply inside UK or do i have to go back to my own country to apply since my PSW expired long time back. anyone knows? Thanks a ton!

Dayyurite
Member
Posts: 147
Joined: Fri May 10, 2013 6:59 am
Contact:

Post by Dayyurite » Thu Jul 04, 2013 11:53 am

It is better to see your appeal through and if the decision is negative you will have 28days to apply for any visa

sabuj263
Member
Posts: 136
Joined: Sun Nov 13, 2011 11:39 am
Location: Kent, UK

Post by sabuj263 » Thu Jul 04, 2013 2:08 pm

I agree with dayyurite.... It's better to carry on with appeal and end of the day if one option closed another 2 will be opened naturally. Good luck.... And congratulation on your wedding.
Many Regards

cocoxu
Newly Registered
Posts: 9
Joined: Mon Nov 26, 2012 1:11 pm

Post by cocoxu » Mon Jul 08, 2013 3:41 pm

thx very much for the replies.

but i need to go back home in October. and i don't think my appeal result may come out by that time. So if I withdraw my application now, would I still be given 28 days to apply a different category of visa (spouse visa in person)? :?:

thank u!

rsrameshsunil
Member
Posts: 186
Joined: Mon Mar 21, 2011 9:42 pm

Post by rsrameshsunil » Mon Jul 08, 2013 3:48 pm

cocoxu wrote:thx very much for the replies.

but i need to go back home in October. and i don't think my appeal result may come out by that time. So if I withdraw my application now, would I still be given 28 days to apply a different category of visa (spouse visa in person)? :?:

thank u!
Not sure if you can apply for an in-person service because I understand your passport is not with you right now. In that case your processing may not happen on the very same day probably.

But remember you will become an overstayer once you withdraw your appeal. Its better to stay on the appeal unless your travel in october is extremely important and you do not have any option to ignore the travel plan.

desibabu
Junior Member
Posts: 95
Joined: Tue Jul 02, 2013 12:13 pm

Re: can i withdraw my appeal and apply a different visa

Post by desibabu » Mon Jul 08, 2013 4:41 pm

Hi,

Congrats for ur married life..
You can withdraw your appeal and apply as you would have 28 days from the day of withdrawing.
As per my knowledge you have to inform the tribunal and send a fresh application to home office for your spouse visa.
However wait for the seniors to comment on it.

regards


cocoxu wrote:Dear all, this is what has been going on with me:
11-11-2012, applied UK Tier 1 (E) under 50K route
13-12-2012, my PSW expired
7-5-2013, got refusal letter and appealed
5-6-2013, got married and (he is british)

Now if i withdraw my appeal and apply spouse visa, can i apply inside UK or do i have to go back to my own country to apply since my PSW expired long time back. anyone knows? Thanks a ton!

Splash
Newbie
Posts: 47
Joined: Sun Jun 16, 2013 3:14 pm

Post by Splash » Mon Jul 08, 2013 6:41 pm

I want to ask a question which is related with above query. The question is that if a person re-apply Tier1 Entrepreneur visa or apply in different immigration category with in 28 days after getting refusal from court then what would be the impact on the 10 year long residency period?. Would it break ?.

Anybody know about this ?.

help_needed
Newly Registered
Posts: 7
Joined: Thu May 16, 2013 9:56 pm

Post by help_needed » Mon Jul 08, 2013 11:37 pm

hi,

I have lodged an appeal against a decision.
if I withdraw my appeal and leave within 28 days, will I be an overstayer?
Will I get something in written from UKBA about this, since I do not have a BRP?

Thanks in advance,

Miss_confused
Newly Registered
Posts: 1
Joined: Thu Jun 19, 2014 2:14 pm

Re: can i withdraw my appeal and apply a different visa

Post by Miss_confused » Sat Jun 21, 2014 11:47 am

If I withdraw my appeal and leave within 28 days of this am I classified as an overstayer? Does the same 28 day rule apply as it would have done from the date of visa expiry?

dan883
Member
Posts: 171
Joined: Thu May 29, 2014 9:13 pm

Re: can i withdraw my appeal and apply a different visa

Post by dan883 » Mon Aug 25, 2014 12:01 pm

Hi

Anyone knows, if I can make a fresh application after withdrawing my appeal?? But how do i confirm the appeal has been withdrawn. Also the passport is with the Home Office.

cpmlkhan
Member of Standing
Posts: 329
Joined: Mon Jan 13, 2014 11:59 am

Re: can i withdraw my appeal and apply a different visa

Post by cpmlkhan » Mon Aug 25, 2014 10:02 pm

dan883 wrote:Hi

Anyone knows, if I can make a fresh application after withdrawing my appeal?? But how do i confirm the appeal has been withdrawn. Also the passport is with the Home Office.
Hello Dan,
Yes certainly you can withdraw your appeal by sending a letter to tribunal and you need to wait for their confirmation letter before you reapply. I recently done a case similar to your's. 2nd thing on application form there are few questions where you need to tick "passport with the home office". check your pm.

Regards

dan883
Member
Posts: 171
Joined: Thu May 29, 2014 9:13 pm

Re: can i withdraw my appeal and apply a different visa

Post by dan883 » Tue Aug 26, 2014 9:05 pm

cpmlkhan wrote:
dan883 wrote:Hi

Anyone knows, if I can make a fresh application after withdrawing my appeal?? But how do i confirm the appeal has been withdrawn. Also the passport is with the Home Office.
Hello Dan,
Yes certainly you can withdraw your appeal by sending a letter to tribunal and you need to wait for their confirmation letter before you reapply. I recently done a case similar to your's. 2nd thing on application form there are few questions where you need to tick "passport with the home office". check your pm.

Regards
hello cpm
Many thanks for the reply. Never been to this situation. I am not allowed to use the PM in this forum because i am new in here. Anyways, in my case my visa is already expired, will i still be eligible to make a fresh application after withdrawing my appeal? Because in the refusal letter says, I if appeal and the the appeal is unsuccessful or I don't want to appeal, I must LEAVE THE UK IMMEDIATELY.

Please advice.

Thank You.

cpmlkhan
Member of Standing
Posts: 329
Joined: Mon Jan 13, 2014 11:59 am

Re: can i withdraw my appeal and apply a different visa

Post by cpmlkhan » Tue Aug 26, 2014 11:58 pm

Give me your email address then will explain you in details.

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