ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Is there possibility for 2nd appeal if u withdraw from 1st

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
rsueho
Newly Registered
Posts: 1
Joined: Sat May 30, 2009 2:15 pm

Is there possibility for 2nd appeal if u withdraw from 1st

Post by rsueho » Sat May 30, 2009 2:58 pm

advice sought
After 5 years in the UK but only last two years under the HSMP (granted Nov , 2006, previous 3 under post-graduate doctor permit free visa), unfortunately application was made for indefinite leave to remain early2009 a couple of weeks before the expiry date. I was refused and told unless I appeal I was to leave the country in 10 working days on some months later. I filed for an appeal witin the 10 working days concurrently with Further leave to remain application- the one I should have done in the first place. The appeal specifically addresses the refusal letter date and does not address any other decision or application after that date. Now that I have an active current FLR application (for which the fee was taken promptlypromptly before the appeal 10 day deadline expired) - can I risk withdrawing my appeal and if my FLR application is turned down on some technicality …..will I be offered another appeal on that FLR decision?
Worse case senario: If I loose my current appeal, will they demand that I and family would have to leave the UK immediately?
Is there also continuation of my immigration status as with the appeal also continued with my new FLR application? Would an a loss at the appeals over-ride my application and it would be revoked and be asked to leave immediately? If there is an unexpected adverse decsion do I have the opportunity for an appeal there?
Last edited by rsueho on Sat May 30, 2009 6:00 pm, edited 8 times in total.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Re: Is there possibility for 2nd appeal if u withdraw from 1

Post by push » Sat May 30, 2009 4:13 pm

rsueho wrote:advice sought
After 5 years in the UK but only last two years under the HSMP (granted Nov 21, 2006, previous 3 under post-graduate doctor permit free visa), I in error applied for indefinite leave to remain Jan 2009. I was refused and told unless I appeal I was to leave the country in 10 working days on April 23nd 2009. I filed for an appeal witin the 10 working days concurrently with Further leave to remain application- the one I should have done in the first place. The appeal specifically addresses the refusal Aprill 23nd and does not address any other decision or application after that date. Now that I have an active current FLR application in progress- can I risk withdrawing my appeal and if my FLR application is turned down on some technicality …..will I be offered another appeal on that FLR decision?
If I loose my current appeal, will they demand that I and family would have to leave the UK?
From what I understand, if you appeal, your immigrant status is temporarily re-instated to what it was prior to the decision made on your application. If you withdraw your appeal you are covered by the decision made on your application and effectively you can be asked to leave immediately. Its better to seek profession advice in my opinion. Will dig out some more info from the immigration rules for you later.
regards,
push
Important: Please read this Disclaimer

Locked