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Can I apply for student visa when my appeal is still on?

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wonderer111
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Can I apply for student visa when my appeal is still on?

Post by wonderer111 » Thu Oct 01, 2009 9:14 pm

My appeal has taken already more than a year and I am still waiting for the hearing date.
So, I was wondering if I can apply for the student visa when my appeal is still on?
Or if I have to cancel my appeal, then how long after I can apply the student visa?

batleykhan
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Post by batleykhan » Fri Oct 02, 2009 3:20 pm

If its for the same type of visa, yes you can apply for a new one. If you want you can still keep your appeal going until you hear something.

If however you are successful with your second application, then just withdraw your appeal by writing to the BHC post where you applied as well as the AIT in UK saying you wish to withdraw it

wonderer111
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Post by wonderer111 » Fri Oct 02, 2009 4:31 pm

batleykhan wrote:If its for the same type of visa, yes you can apply for a new one. If you want you can still keep your appeal going until you hear something.

If however you are successful with your second application, then just withdraw your appeal by writing to the BHC post where you applied as well as the AIT in UK saying you wish to withdraw it

I am waiting for the hearing of settlement visa.
So, does that mean while I am waiting for the settlement visa appeal hearing then I can't apply for the student visa?

Obie
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Post by Obie » Fri Oct 02, 2009 4:42 pm

I don't think that is right. You cannot vary an application whiles section 3D leave is in force, as your rights would have been curtailed or revoked by then. If you haven't got any substantive leave, you will not succeed, until the outcome of the appeal.

If Section 3C was in force VOLO (Variation of Leave Order) or you have a substantive leave, then you would have succeeded in applying for your leave to be varied, rather than a fresh application. This would have reaped a positive outcome.

I am open to correction if i have missed out something here.
Smooth seas do not make skilful sailors

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