Question for Moderators

[lubzy]

I have read in a number of places that it is okay to submit a fresh application at the same time as one being appealed. Does anyone have a link to definitive guidance on this?

My husband submitted his application on 30/10/08 and received a refusal on 12/01/09 on the basis that we hadn't registered our Islamic marriage in the UK. The ECO said he was satisified to all requirements of para 281 except (a) (i) i.e. the UK didn't recognise the marriage unless performed in an Islamic country. Fair point which we had missed so I went straight to Pakistan and got official registration from there and we resubmitted on 23/01/09.

Just 3 weeks later we got a response, which we hoped would be positive since we now complied with everything required and all security checks had been completed recently. Unfortunately this ECO said (just 1 month after the first ECO decision) that he was not satisifed on point 281 (iii) i.e. that we intend to live together permanently. He didn't feel we had included enough lovey-dovey correspondence etc which is ridiculous as the first ECO was satisfied on this point. If he hadn't been and had said this, we would have included as much correspondence as necessary with the resubmitted application!

We will appeal because the ECO misquoted two points from the application to support his decision, which are not even in the application, evidencing his lack of proper and careful review!

IS THERE ANY MERIT IN US ALSO RESUBMITTING (IF ALLOWED) AT THE SAME TIME WITH FURTHER SUPPORT TO EVIDENCE OUR INTENTION TO LIVE TOGETHER PERMANENTLY?

Thanks

[batleykhan]

http://www.ukvisas.gov.uk/en/ecg/appeals/aplprocedures

The above link takes you to a page which is an guidance used by ECO in deciding immigration matters.

There is no harm in lodging a fresh application whilst an appeal is ongoing,but personally I think this is a waste of time and money,because once a decsion was made for an earlier refusal, it is very unlikely to be overturned unless its an obvious mistake by the ECO.

I much prefer to appeal and prove my point in a court of law,if I am absoloutely sure there is a good chance that the deciosion will be overturned