FLR(M) Withdraw Appeal vs. Reapply

[sbishop]

Hello,

I am a US citizen married to a UK citizen who applied for a FLR(M) visa in January in the UK while I was already on a Tier 4 education visa. My visa was refused due to a misunderstanding in the financial requirement rules, and since then I have launched an appeal. Shortly after we have had a change in circumstances and my husband now meets the income requirement. Our hearing date is in November, and my husband will have been at this new job for the required 6 months in September.

If we carry on with the appeal is there a reasonable chance that the judge would take into consideration that we have been meeting the income requirement for over 6 months? I was under the impression that they will only review the information made at the time of the initial application. Although, that seems a bit nonsensical as people are obviously going to go through personal changes during the long waiting time of the appeals process.

I am thinking that it might be best to withdraw the appeal and submit a fresh FLR (M) application now that we know we meet all of the requirements. I'm assuming that if I withdraw the appeal that I would not be allowed to reapply from within the UK, right? Going back to the US and making a new application is feasible, I just wanted to double check before I leave my job here and head for the States.

Thanks in advance!

[adibaba]

If you know submitting an appeal would be waste of time and resources I would suggest you make a fresh application but I don't know if you will have to pay for new ISH fees. Please respond

[CR001]

If you know submitting an appeal would be waste of time and resources I would suggest you make a fresh application but I don't know if you will have to pay for new ISH fees. Please respond

Kindly start your own topic rather than tag onto another members topic that is almost a year old.