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Spouse application Urgent help required!!

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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leoeakh
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Posts: 1
Joined: Tue Nov 20, 2012 12:45 pm

Spouse application Urgent help required!!

Post by leoeakh » Tue Nov 20, 2012 1:16 pm

Hi, Dear friends hope you guys are good, I did applied for a spouse visa of a british citizen in june 12 when my tier 1 appeal was pending in tribunal, i withdraw the appeal the very next day i submitted my application for spouse visa, but after 5 months they have sent my application back saying as the day you applied your appeal was pending so they voided my spouse application although my appeal has been withdrawn, i have sent them back the same application to the case worker who voided my application to re consider it but havent heard anything for her yet its almost 2 weeks now, what should i do now ? should i send a fresh application now again ? as if i sent my application after 28 days they will consider me as overstayer ..just to upset and confused, can anyone plz advice. Regards.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Tue Nov 20, 2012 5:24 pm

Withdrawal of appeal wrote:(3) If an appeal is withdrawn or treated as withdrawn, the Tribunal must serve on the parties a notice that the appeal has been recorded as having been withdrawn.
The date of notice is the date of withdrawal of appeal, not the date that you send a request for withdrawal of appeal.

Since you have been an overstayer since the day you were notified of your appeal withdrawal, you should consider applying for settlement visa from outside the UK.
Life isn't fair, but you can be!

mrsenn
Newbie
Posts: 32
Joined: Mon Apr 16, 2012 9:09 pm

Re: Spouse application Urgent help required!!

Post by mrsenn » Sun Dec 16, 2012 11:51 am

leoeakh wrote:Hi, Dear friends hope you guys are good, I did applied for a spouse visa of a british citizen in june 12 when my tier 1 appeal was pending in tribunal, i withdraw the appeal the very next day i submitted my application for spouse visa, but after 5 months they have sent my application back saying as the day you applied your appeal was pending so they voided my spouse application although my appeal has been withdrawn, i have sent them back the same application to the case worker who voided my application to re consider it but havent heard anything for her yet its almost 2 weeks now, what should i do now ? should i send a fresh application now again ? as if i sent my application after 28 days they will consider me as overstayer ..just to upset and confused, can anyone plz advice. Regards.

Hi, from reading other topics, I was under the impression that you can make a fresh application whilst your appeal is pending. I was surprised to read this as I have noted many applicants doing the same (appeal & fresh application at the same time to see which one comes first).

What is your status now?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Spouse application Urgent help required!!

Post by vinny » Sun Dec 16, 2012 7:13 pm

mrsenn wrote:Hi, from reading other topics, I was under the impression that you can make a fresh application whilst your appeal is pending. I was surprised to read this as I have noted many applicants doing the same (appeal & fresh application at the same time to see which one comes first).
Applicable to visa applications from outside the UK only.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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mrsenn
Newbie
Posts: 32
Joined: Mon Apr 16, 2012 9:09 pm

Re: Spouse application Urgent help required!!

Post by mrsenn » Sun Dec 16, 2012 7:30 pm

vinny wrote:
mrsenn wrote:Hi, from reading other topics, I was under the impression that you can make a fresh application whilst your appeal is pending. I was surprised to read this as I have noted many applicants doing the same (appeal & fresh application at the same time to see which one comes first).
Applicable to visa applications from outside the UK only.
Thank you very much Vinny!

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