NEED ADVICE RE APPLY OR WITHDRAW APPEAL OR CONTINUE WAITING

[tier1enterpreneur]

Hello all after ages.

So as some of u may know me and some new comers may not.

I will just briefly explain my case and if someone could please advice me I will be highly obliged.

i applied for my Visa in October 2012 before my PSW expired.

After all the waiting and non sense I finally got a refusal in May 2013.

I appealed on 31st May 2013

the money was deducted on 3rd July n I am roughly expecting the listing date to be decided around August for it to actually be listed for a date roughly in Jan or Feb wont be surprised if its in March.

I am not sure if I want to wait that long. As it has been a torture to wait for this long and being trapped in the country as a prisoner.

I was thinking to re apply but was not sure if I am allowed to as my appeal is outstanding. If I withdraw my appeal will I be able to reapply from within the country. Reminding that my PSW was expired in October 2013.

The reasons they had given for refusal were incorrect signatures on contracts, business cards not upto the standard and having access to xx funds instead of xxx funds. ( this was their clear mistake as I still have the full funds in my account.)

Now what should I do.

My solicitor had told me the process will be sorted in 2 months which I highly did not believe.

And bringing myself to square 1 I really need a sound advice.

Obviously I still want to get the visa but is there a way I could re apply and correct all the queried they had when they refused or I am not allowed to !!!! ARGHHHHHHHHHHHHHH SO ANGRYYYYYYYYY !!!!!

HELP ME !!!! [/b]

[desibabu]

Sorry to hear about ur refusal...
You have to wait as your re application day has passed...coz you have to apply within 28days of rejection... Now all you have to do is wait..

[Chakrapani]

If you are confident that you can get your visa with re-apply then you can go for it,but remember that once you are applying as an overstayer you will not have any appeal rights (if at all it is refused by the caseworker).

How to re-apply ?

1)Withdraw your appeal from the court
2)Wait for the confirmation letter
3)Once you have the letter,within 28 days you can make a fresh application.Please note that you are applying here as an overstayer as your existing Visa and Section 3c,3d is not valid anymore.

Think about it and becareful when you apply.

I wish you a good luck mate

[tier1enterpreneur]

Can I not have 2 applications run together like one appeal still on and a fresh application at the same time. If not then sounds risky even if I m confident about doing as u suggested. These are mad and people without logic we r talking about.
In that case I will continue to wait but say for argument sake if my visa is still refused after the appeal god forbid. Will I still have 28 days after the appeal decision to apply before leaving the country or will I have I challenge that decision too ?

[mrshah]

In your case waiting is the only healthy option. The refusal reasons you have mentioned has very good chances to win the appeal and so many others have already won, please check the forum. In worst scenario if your appeal get refused you still have an option to go to upper Tribunal and so on...

If you make a fresh application outside time then you do not have a legal right to continue your job and also you have NO right to appeal. In addition, your long resident period will be discontinued if you are looking to apply for ILR on 10 years bases.

Ofcourse making two applications at a same time is not possible as far as my knowledge is concerned.

[smj_jak]

Hi Every one

Under the change of circumstances under Section 3C, 3D of the Immigration Act 1971 and Paragraph 276ADE of the Immigration Rules. you can make application in different stream not in same.

In your case waiting is the only healthy option. The refusal reasons you have mentioned has very good chances to win the appeal and so many others have already won, please check the forum. In worst scenario if your appeal get refused you still have an option to go to upper Tribunal and so on...

If you make a fresh application outside time then you do not have a legal right to continue your job and also you have NO right to appeal. In addition, your long resident period will be discontinued if you are looking to apply for ILR on 10 years bases.

Ofcourse making two applications at a same time is not possible as far as my knowledge is concerned.

[sabuj263]

Hello all after ages.

So as some of u may know me and some new comers may not.

I will just briefly explain my case and if someone could please advice me I will be highly obliged.

i applied for my Visa in October 2012 before my PSW expired.

After all the waiting and non sense I finally got a refusal in May 2013.

I appealed on 31st May 2013

the money was deducted on 3rd July n I am roughly expecting the listing date to be decided around August for it to actually be listed for a date roughly in Jan or Feb wont be surprised if its in March.

I am not sure if I want to wait that long. As it has been a torture to wait for this long and being trapped in the country as a prisoner.

I was thinking to re apply but was not sure if I am allowed to as my appeal is outstanding. If I withdraw my appeal will I be able to reapply from within the country. Reminding that my PSW was expired in October 2013.

The reasons they had given for refusal were incorrect signatures on contracts, business cards not upto the standard and having access to xx funds instead of xxx funds. ( this was their clear mistake as I still have the full funds in my account.)

Now what should I do.

My solicitor had told me the process will be sorted in 2 months which I highly did not believe.

And bringing myself to square 1 I really need a sound advice.

Obviously I still want to get the visa but is there a way I could re apply and correct all the queried they had when they refused or I am not allowed to !!!! ARGHHHHHHHHHHHHHH SO ANGRYYYYYYYYY !!!!!

HELP ME !!!! [/b]

Sorry mate. We are in open prison. Waiting is our punishment. I have lodged appeal in 31st May, fees deducted 0n 28th June now end of July not get any date so far for hearing. You are not alone. I think in our case waiting is better option.

[Lola22]

It can be frustrating but it is much more better to wait for your appeal.

You have chances of winning the appeal. Just get the required document ready and please post the outcome.

Good luck.