can i lodge appeal and put in fresh application at same time

[bebe2]

hi ,
my bro is going to court on 15th dec due to pr refusal, he has decided to divorce his wife meanwhile put in a fresh application, is this possible as we fear his appeal might be refused. here is the previous post below.


hi all
hi, a few of you may have read my thread before, my brother who is separated from his eea wife was refused pr becos his wife eea I.D has expired his lawyer has appeal and the hearing is the 15th dec. he is refusing to get a divorce for religious reasons but am sceptical about the human right route am thinking his lawyer wants to argue that as long as he is still legally married to his wife then he shouldnt be asked to leave the uk .especially as the wife is still here and exercising treaty. could this work? pls help any comment much appreciated.[/size]
_________________

[Frontier Mole]

Can't do both. If another app goes in you have to withdraw from the appeal.
Given the appeal is next week it would be better to go down that route. I believe it will still be refused as the divorce papers are / will be at an early stage at this time.
Is his wife going to help at the appeal, if not he is going to get a negative determination that will also hinder his future app.
He is not going to have an easy time and more than likely is going to get removal papers served against him while it gets sorted out - if it gets sorted out.

[bebe2]

thanks frontier mole,
its a dark time for our family, the wife is not supporting him in the appeal she told me her boyfriend as asked her not to help.

she doesnt mind divorce but she would not initiate it bcos she doesnt have the money.
i know the appeal will not work, the refusal letter says he should leave bwithin 28 days.

if he puts a fresh application in while the divorce is in progress could that help? i fear they might come and arrest him before the divorce gets thru.

can they give him an extention of any type since he has been here for over eight years so he can wrap things up eg finalise his divorcebcos his wife will never pay for it. he wont be able to afford the fees from africa, so he can also put his house on the market and go start anew life .

you comment well appreciated.