Can I make a new application during appeal.

[vinith]

Hello,
I have applied for Tire 1 Entrepreneur visa and got refused and I have made an in time appeal and now its in upper tribunal for reconsideration. However I got a sponsor who is ready to sponsor me as I was told I cannot make a same day application as my passport and documents are in UKBA. Before I make a new application do I need to withdraw my application and send the withdraw form along with my new application (OR) First make a application and write a covering letter by confirming that I am going to withdraw my existing application and then withdraw the appeal after I made new application . I bit confused on this any suggestions are really appreciated.

Thank you

[Choc-Ice]

Hello,
I have applied for Tire 1 Entrepreneur visa and got refused and I have made an in time appeal and now its in upper tribunal for reconsideration. However I got a sponsor who is ready to sponsor me as I was told I cannot make a same day application as my passport and documents are in UKBA. Before I make a new application do I need to withdraw my application and send the withdraw form along with my new application (OR) First make a application and write a covering letter by confirming that I am going to withdraw my existing application and then withdraw the appeal after I made new application . I bit confused on this any suggestions are really appreciated.

Thank you

You need to withdraw the appeal before you make the new application and make sure it is done (new application) within 28days of withdrawing the appeal! I'll suggest you also include a cover letter explaining your situation and why you have decided to reapply..It's a tricky situation!

[vinith]

Thank you for your reply. I spoke with few people and my solicitor told we need to make a new application first and in that we have to mention that we are withdrawing old application and once we dropped new application we have to withdraw this is because it will not be considered as out of time application. I spoke with other solicitor as well even she said the same..

[aziz1053]

Hello,
I have applied for Tire 1 Entrepreneur visa and got refused and I have made an in time appeal and now its in upper tribunal for reconsideration. However I got a sponsor who is ready to sponsor me as I was told I cannot make a same day application as my passport and documents are in UKBA. Before I make a new application do I need to withdraw my application and send the withdraw form along with my new application (OR) First make a application and write a covering letter by confirming that I am going to withdraw my existing application and then withdraw the appeal after I made new application . I bit confused on this any suggestions are really appreciated.

Thank you

I'm in the same situation, did you made an application for seeking permission to upper tribunal, was your appeal was dismiss at first tier as well in oral hearing or written appeal..

[rooney0511]

THIS IS FOR PEOPLE WITHDRAWING THEIR APPEAL AND RE-APPLYING.




As discussed, Section 3C applies, in relation to appeals, during any period when

“(b)an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought, while the appellant is in the United Kingdom against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or
(c)an appeal under that section against that decision, brought while the appellant is in the United Kingdom, is pending (within the meaning of section 104 of that Act).”

As stated a 3C(2)(c) which can be found at:

http://www.legislation.gov.uk/ukpga/1971/77/section/3C


Section 104(1) of the 2002 Act defines the period during which an appeal is pending as (emphasis added) :
(a)beginning when it is instituted, and

(b)ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).

This can be found at:

http://www.legislation.gov.uk/ukpga/2002/41/section/104


So when read in conjunction, where an appeal is lodged in time against a refusal, the appellant’s leave is statutorily extended until such time as that appeal is finally determined, withdrawn or abandoned.

Where an applicant withdraws there appeal, their statutorily extended leave ends on the day the withdrawal is actioned (not requested). Therefore an applicant has 28 days from the date of withdrawal in order to submit a new application in order to ensure it is not automatically refused for overstaying.