Fresh Application Successful but Old Appeal in Progress.

I was wondering if someone could advice on our case which is confusing for us. See my old post for the background on this Appeal process:
http://www.immigrationboards.com/viewto ... highlight=

My mother, who has visited us twice in the last two years on 6 monthly visitor visa, when applied for a 2 years multiple early this year in April, was refused. (Reasons give in above post). After much confusion and opinions, we appealed against the decision. However, we also launched a fresh aplication for 6 months visitor visa. I thought if she didn't get 6 months visa, appeal will be in pipeline anyway. But if she get 6 months via, we would think whether to continue with appeal or not as the appeal was for 2 years multiple entry visa.

Her fresh application was successful again and she got 6 months visa and already arrived here in Uk and is with us. She has got visa till Feb 2011. Now I just check her email yesterday and UKBA Abu Dhabi office has asked her to make an appointment with local Gerrys International in Pkistan to submit her passport. But they have underlined that "This does not gurantee that any via will be issued, you appeal is still pending for decision but you passport is required for us to make a decsion on you appeal". I was already confused thinking that I didn't expect them to reply so soon and was expecting that by the time all decisions will come through, she might be going home by then. Now I was coonfused yesterday whether to tell them that she is in UK now, (which I assume they should have known that she was issued fresh Visa, as on application I did mention that last application was refused and appeal in progress. We didin;t hide that fact) Or should she go back and submit passport BUT then they already wrote that there is no gurantee that visa will be issued as they haven't taken decision on it.

Matter got more confusing, as they emailed her asking for passport on 29/2/10 and yesterady I received a copy of the letter (being a sponsor), letter dated 27/09/10 that the tribunal has decided that appeal will go to hearing and date for hearing is 03/12/2010. They have aksed the apellant to submit "witness evidence of statements" (which I don't know what it is) and they also aksed to submit documents in support of the case atleast 5 days before the appeal.

1. Now, I dont understand that whay the UKBA Abu Dhabi has asked o submit a passport whereas tribunal has sen the letter with hearing date?

2. What are the chances that the reason UKBA has asked for passport is that they might overturn original ECO's decision and issue a visa ? But then why tribunal has fixed the hearing date?

3. If the case is going to hearing anyway, do the local UKBA asks for passport anyway before hearing?

4. What do we do now, obviously she is already here in UK, we can't send her passport to UKBA through Gerrys. Do we inform both tribunal and UKBA that she is in UK?

5. Do we still go ahead with the appeal as it was 2 years visa application (i understand that she can only live for 6 months at a time, but it was to reduce the hassel of appylying again and again so as she had visited twice we were told that best to apply for 2 years validity now). So in order to preserve the 2 years visa fee and with hope that appeal would be in our favour we still continued with appeal even when fresh application was accepted.

6. Or do we just withdraw appeal and if so do we tell them wile withdrawing that she is already in UK or not? Would this effect her future applications if we withdraw this appeal now? If we withdraw now then ofcourse when she goes back home in Feb 2011, then we will apply for her visit visa again after few months (which we may apply for 2 years validity again).

7. Can we go through the appeal as well as inform them that she is here on fresh visa at the same time? Will it effect anything?

I wopuld be grateful for your opinions and experience plus additional advice.

Thanks.

Anyone please?

one point you must bear in mind - if she keeps coming and staying for a whole 6 months at a time, the ECO is going to get upset about that. A visit visa is supposed to be just that, for a visit, not semi-living in the UK.

As a rule of thumb, it must be less than half of each year spent in the UK. So if hervisa expires in Feb, she should leave it at least 6 months before returning.

That's no guarantee, though, that they will continue to grant visas, even if it's just under 6 months out of every 12.