can i withdraw my appeal and apply a different visa

[cocoxu]

Dear all, this is what has been going on with me:
11-11-2012, applied UK Tier 1 (E) under 50K route
13-12-2012, my PSW expired
7-5-2013, got refusal letter and appealed
5-6-2013, got married and (he is british)

Now if i withdraw my appeal and apply spouse visa, can i apply inside UK or do i have to go back to my own country to apply since my PSW expired long time back. anyone knows? Thanks a ton!

[Dayyurite]

It is better to see your appeal through and if the decision is negative you will have 28days to apply for any visa

[sabuj263]

I agree with dayyurite.... It's better to carry on with appeal and end of the day if one option closed another 2 will be opened naturally. Good luck.... And congratulation on your wedding.

[cocoxu]

thx very much for the replies.

but i need to go back home in October. and i don't think my appeal result may come out by that time. So if I withdraw my application now, would I still be given 28 days to apply a different category of visa (spouse visa in person)?

thank u!

[rsrameshsunil]

thx very much for the replies.

but i need to go back home in October. and i don't think my appeal result may come out by that time. So if I withdraw my application now, would I still be given 28 days to apply a different category of visa (spouse visa in person)?

thank u!

Not sure if you can apply for an in-person service because I understand your passport is not with you right now. In that case your processing may not happen on the very same day probably.

But remember you will become an overstayer once you withdraw your appeal. Its better to stay on the appeal unless your travel in october is extremely important and you do not have any option to ignore the travel plan.

[desibabu]

Hi,

Congrats for ur married life..
You can withdraw your appeal and apply as you would have 28 days from the day of withdrawing.
As per my knowledge you have to inform the tribunal and send a fresh application to home office for your spouse visa.
However wait for the seniors to comment on it.

regards

Dear all, this is what has been going on with me:
11-11-2012, applied UK Tier 1 (E) under 50K route
13-12-2012, my PSW expired
7-5-2013, got refusal letter and appealed
5-6-2013, got married and (he is british)

Now if i withdraw my appeal and apply spouse visa, can i apply inside UK or do i have to go back to my own country to apply since my PSW expired long time back. anyone knows? Thanks a ton!

[Splash]

I want to ask a question which is related with above query. The question is that if a person re-apply Tier1 Entrepreneur visa or apply in different immigration category with in 28 days after getting refusal from court then what would be the impact on the 10 year long residency period?. Would it break ?.

Anybody know about this ?.

[help_needed]

hi,

I have lodged an appeal against a decision.
if I withdraw my appeal and leave within 28 days, will I be an overstayer?
Will I get something in written from UKBA about this, since I do not have a BRP?

Thanks in advance,

[Miss_confused]

If I withdraw my appeal and leave within 28 days of this am I classified as an overstayer? Does the same 28 day rule apply as it would have done from the date of visa expiry?

[dan883]

Hi

Anyone knows, if I can make a fresh application after withdrawing my appeal?? But how do i confirm the appeal has been withdrawn. Also the passport is with the Home Office.

[cpmlkhan]

Hi

Anyone knows, if I can make a fresh application after withdrawing my appeal?? But how do i confirm the appeal has been withdrawn. Also the passport is with the Home Office.

Hello Dan,
Yes certainly you can withdraw your appeal by sending a letter to tribunal and you need to wait for their confirmation letter before you reapply. I recently done a case similar to your's. 2nd thing on application form there are few questions where you need to tick "passport with the home office". check your pm.

Regards

[dan883]

Hi

Anyone knows, if I can make a fresh application after withdrawing my appeal?? But how do i confirm the appeal has been withdrawn. Also the passport is with the Home Office.

Hello Dan,
Yes certainly you can withdraw your appeal by sending a letter to tribunal and you need to wait for their confirmation letter before you reapply. I recently done a case similar to your's. 2nd thing on application form there are few questions where you need to tick "passport with the home office". check your pm.

Regards

hello cpm
Many thanks for the reply. Never been to this situation. I am not allowed to use the PM in this forum because i am new in here. Anyways, in my case my visa is already expired, will i still be eligible to make a fresh application after withdrawing my appeal? Because in the refusal letter says, I if appeal and the the appeal is unsuccessful or I don't want to appeal, I must LEAVE THE UK IMMEDIATELY.

Please advice.

Thank You.

[cpmlkhan]

Give me your email address then will explain you in details.