Urgent - appeal or new application after refusal

[mb1]

Hi there, hope someone get advise me on this.

I've been in the uk for 9 years on student visa and later post-study worker. before my post-study worker visa expired I applied for a new student visa as I have been accepted ro a very good university for my MA studies. I went to the home office to apply in person but they rejected my application on the basis of not sufficient funds. i had new documents to show them they were wrong and they told me to apply again, not appeal, as my visa is still valid.

I applied again with the new documents but not knowing I actually need a NEW cas number as well. My post study visa expired on 7th september and i got the refusal for the student visa on the 23rd september.

they say I can appeal if I want.

my question is, should I appeal or wait for my appeal time to run out and submit a new application (this will mean I will be applying as an overstayer)?

I met with someone at legal aid who said I need to appeal AND submit a new application (although on application form, if you tick yes for the section of other pending appeals it takes you to a dead end saying your application is in valid). I also met with the international student advisor in my uni and he said to wait the appeal time out and submit fresh application as an over stayer.

I'm so confused and the deadline for appeal is next week.

help!

[ti_abbasi2002]

It is highly recommended that you should appeal against decision if there is any possibility to pursue ur case otherwise u have to go to ur country and apply again but if u would apply again on above mentioned circumstances then there is strong possibility that u will get refusal straightaway as u dont have leave to remain. There is no such category to make a fresh application as over stayer(illegal) which is more dreadful and u may face ban.

[Lucapooka]

If the new CAS existed before you applied you can win the appeal. If the CAS did not exist before you applied (and from what you have said is didn't) then you probably won't win the appeal. Unless there is caselaw that allows new evidence that did not exist before the application to be permitted (specifically with regard to issue of a new CAS), I would suggest you take legal advice with a view to ignoring the appeal and, instead, re-apply ASAP. The fact that you don't have current leave will be overlooked in spite of the very misleading information from the previous poster.

My other concern is the preservation of your unbroken residence. If you can get this application within 10 days of the refusal notice you might be okay.

2.3.3 Breaks in lawful residence and the use of discretion

[mb1]

first, thank you both for the reply.

i spoke with 2 solicitors. both said I'd probably lose the appeal.

One of them said not to appeal and go back to my country and submit a fresh application from there. As i'm already in studies, that will mean I will miss few weeks...

The other solicitor suggested to appeal, then re-draw the appeal (probably to get some more time to get all documents - which i have already) and submit a fresh application as an overstayer. Obviously this is a better option for me as I don't miss school. both action will break my 10 year stay...

Lucapooka - Did you meanI should submit a fresh application before my right to appeal expires?

[Lucapooka]

Yes, that's exactly what I sugguested because you say that you have not yet appealed, and you should do this before October 3. Having extant leave when applying is not a mandatory requirement with PBS applications. But do seek competent professional advice first.