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Another Application/ Would it affect the current appeal

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jamalkhan
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Another Application/ Would it affect the current appeal

Post by jamalkhan » Sat Sep 01, 2007 7:54 pm

Hi,

I have a simple question. I currently have an appeal running for a Fiance Visa and my circumstances will be changing as I will be getting married here.

My question is, IF I apply as Spouse now will this harm my current appeal.

The reason why I want to do this is because the ECO refused my Fiance Visa as he was not satisfied that I have intensions to get married. So I appealled for that and I also want to show them that I am now married.

any advice ??

Thanks
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VictoriaS
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Post by VictoriaS » Mon Sep 03, 2007 2:34 pm

Applying as a spouse won't have an effect on your current appeal, though if you get married you must notify the AIT that you are now married.

Victoria
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jamalkhan
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Post by jamalkhan » Tue Sep 04, 2007 2:30 pm

Are you saying that I submit another application while my appeal is in process
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VictoriaS
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Post by VictoriaS » Tue Sep 04, 2007 2:45 pm

I'm not specifically saying that, but that may be the best option.

Victoria
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jamalkhan
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Post by jamalkhan » Tue Sep 04, 2007 3:28 pm

Well I have been told by my lawyer that If I file al is automatically gets cancelled
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VictoriaS
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Post by VictoriaS » Tue Sep 04, 2007 7:41 pm

jamalkhan wrote:Well I have been told by my lawyer that If I file al is automatically gets cancelled
I have done this on about five occasions without anything getting cancelled.


Victoria
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jamalkhan
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Post by jamalkhan » Wed Sep 05, 2007 7:52 am

I am sure you have but I would like to quote you with the following advise

http://www.immigrationboards.com/viewto ... 9&start=20

"Your consultant was absolutely right. If he makes any other application while appeal is still pending, the appeal will be treated as withdrawn (Section 82 of INA 2002)."
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VictoriaS
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Post by VictoriaS » Wed Sep 05, 2007 1:39 pm

Then I would like Amanda, if she doesn't mind, to comment on this.

I have recently (ie in the last 4 weeks) made fresh applications on matters where there was an outstanding appeal. The appeal has not been deemed as withdrawn simply because a fresh application was made. I am not aware of the regulation quoted in that post, but can only speak on personal experience.

Victoria
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jes2jes
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Post by jes2jes » Wed Sep 05, 2007 2:57 pm

VictoriaS wrote:Then I would like Amanda, if she doesn't mind, to comment on this.

I have recently (ie in the last 4 weeks) made fresh applications on matters where there was an outstanding appeal. The appeal has not been deemed as withdrawn simply because a fresh application was made. I am not aware of the regulation quoted in that post, but can only speak on personal experience.

Victoria
Well, just to chip in my two cents. A friend of a friend who is on a student visa applied for extension of is LTR, the application was delayed and HO asked for more documentation which he was not able to send immediately. Due to the wait in getting the info (about 3 months I gather), the FOF's 10 year Long Residency kicked in. This person made a fresh application for ILR. I have been informed the BIA contacted the applicant to decide which application they should make a decision on so that they can cancel the other since they would not allow two different applications to run concurrently.

May be this might help. I don't know (supposed to be my two cents anyway :shock: ).
Praise The Lord!!!!
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VictoriaS
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Post by VictoriaS » Wed Sep 05, 2007 3:13 pm

That is different - that is for two applications at the Home Office, which is not possible We are discussing having an application refused at the ECO, and so there being the appeal outstanding and with the AIT, alongside a fresh application being made at the ECO.

Victoria
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avjones
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Post by avjones » Wed Sep 05, 2007 5:14 pm

I can't think of any reason in law why you can't make a new application for EC and appeal the old one at the same time, but I think it would on the whole be better to pick an option and stick to it.

I've not looked into in detail, though, so this isn't advice.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.
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raniwza
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Post by raniwza » Fri Sep 07, 2007 1:28 pm

Hi

My ILR 10 years category has been refused but next week I will have stayed in the UK for 10 years (on 8th September 2007). I went to a lawyer and he sent a letter of reconsideration.

I need to go back to Malaysia for a wedding. Please can anyone advise if I should apply for student visa extension because I still have one paper to finish for my ACCA. Will this affect my pending request for reconsideration for my PR based on 10 years? My current LTR student visa will finish this 31 October 2007 but the wedding will be on the 21st October 2007. I don't want to be refused entry to UK airport because I leave it late to extend my student visa.

Thanks
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jes2jes
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Post by jes2jes » Fri Sep 07, 2007 3:01 pm

raniwza wrote:Hi

My ILR 10 years category has been refused but next week I will have stayed in the UK for 10 years (on 8th September 2007). I went to a lawyer and he sent a letter of reconsideration.

I need to go back to Malaysia for a wedding. Please can anyone advise if I should apply for student visa extension because I still have one paper to finish for my ACCA. Will this affect my pending request for reconsideration for my PR based on 10 years? My current LTR student visa will finish this 31 October 2007 but the wedding will be on the 21st October 2007. I don't want to be refused entry to UK airport because I leave it late to extend my student visa.

Thanks
I think you should continue your questions on this thread:

http://www.immigrationboards.com/viewto ... &start=100

You have all the answers there and I don't know why you are asking again. No one can make a decision for you but yourself. It depends on what is important to you - Your status or the Wedding :wink:
Praise The Lord!!!!
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raniwza
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Location: manchester

Post by raniwza » Tue Sep 11, 2007 6:16 am

Jes2jes

I could not find any answer to my question in the other posting. Can I still continue on appeal regardless with new visa extension?

Thanks
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