Appeal Vs Re-apply

[ZinDaGi]

Hi,

Applicant visa was refused and we have made an appeal in April 2016.

Q. Can we re-apply while appeal is in progress?

[CR001]

It would be helpful if you stated what you applied for and what the reasons for refusal was.

You cannot 're-apply' while you have an appeal in process. You have to withdraw the appeal first.

[Casa]

In Sept 2013 you were submitting your wife's British citizenship application. As CR001 has asked, what application has now been refused?
http://www.immigrationboards.com/britis ... ml#p913585

[ZinDaGi]

lol. it is for my friend's wife.

Applicant: Spouse of British Citizen

Sponsor: British Citizen

Refusal Reason: didn't provided in person contact evidence other than wedding day & reception day photographs, though applied after a week of wedding.

[CR001]

It isn't a 'lol'. You need to state if you are asking on 'behalf of a friend'.

Applied from which country?

[Casa]

I believe that if this is regarding a refused application outside of the UK you can re-apply without withdrawing the appeal.

[ZinDaGi]

Pakistan.

[CR001]

They should have provided evidence of communication etc to prove 'subsisting relationship'. Marriage cert and wedding photos is not sufficient.

It is quicker to reapply with the missing documents than wait many months for an appeal.

[ZinDaGi]

What communication docs you can provide while living together? and applied within a week.

[CR001]

Evidence of relationship and communication and visits BEFORE the wedding.

[ZinDaGi]

Arrange marriage, no communication before marriage.

[Casa]

Arrange marriage, no communication before marriage.

Did they make this clear in the application?

[ZinDaGi]

yes.

[Obie]

I think Appeal may be much quicker and cheaper, as they have an obligation to reply to the Tribunal within 28 days.

They really should have asked you to provide documents showing your relationship is genuine.

Are there history of conversation?

[CR001]

I think Appeal may be much quicker and cheaper, as they have an obligation to reply to the Tribunal within 28 days.

They really should have asked you to provide documents showing your relationship is genuine.

Are there history of conversation?

Evidently none.

Arrange marriage, no communication before marriage.

[Obie]

I see.

However I believe post are required to consider cultural norms to a certain degree, and the fact that in South East Asian culture, pre-marital contact are minimal.

However this is not applicable in many cases, as many Asian women and man are actively involved in the decision making on choice of partners.

[ZinDaGi]

let's come back on main question please.

Q. Can we re-apply with fresh application from Pakistan while appeal is in progress?

Appeal is strong and decision will be over turn but it is taking too much time. already 4 month and no response.

[ZinDaGi]

Please any senior member CR001 and Amber comment on this issue.
Thanks

[Casa]

Please any senior member CR001 and Amber comment on this issue.
Thanks

Amber has left the forum.

[ILR1980]

Q. Can we re-apply with fresh application from Pakistan while appeal is in progress?

Appeal is strong and decision will be over turn but it is taking too much time. already 4 month and no response.

yea you can make fresh application without withdrawing appeal if making application for entry clearance from outside uk

When you are inside uk and try to extend leave to remain then you need to withdraw appeal in order to make new application

yea appeal take 12 to 18 months if go for hearing.. If decision get overturn at review stages then still 6-8 months

i will recommend priority application from Pakistan as non priority can take 3 months or more

[ZinDaGi]

Thanks ILR1980. Much Appreciated!!!

CR001, I need your comment on this please.