Appeal needs to be withdrawn befor submiting new aplication?

[Jackson25]

Hi All,

I am waiting for the date from court for my appeal to be heard.
Now I am thinking along with my appeal I re-apply because I have sort out the problems I had with my first application (Maintanance and My MSc certificate).

However I heard I need to withdraw my appeal in order to re-apply!
Is anybody know about this?

Between I applied for my first PSW on 07/11/2011
Tier 4 general expired on 27/11/2011
I get my refusal letter from home office (after doing biometric and all the normal procedures) 09/02/2012
I submit my appeal to Tribunal immigration and asylum chamber on 13/02/2012
And I am still waiting for the date of my appeal to be heard.

[PSW WORRIES]

Hi All,

I am waiting for the date from court for my appeal to be heard.
Now I am thinking along with my appeal I re-apply because I have sort out the problems I had with my first application (Maintanance and My MSc certificate).

However I heard I need to withdraw my appeal in order to re-apply!
Is anybody know about this?

Between I applied for my first PSW on 07/11/2011
Tier 4 general expired on 27/11/2011
I get my refusal letter from home office (after doing biometric and all the normal procedures) 09/02/2012

I have same issues, i will be submitting my fresh application this week.
I submit my appeal to Tribunal immigration and asylum chamber on 13/02/2012
And I am still waiting for the date of my appeal to be heard.

[Obie]

You cannot submit a new application when your leave do remain is on the basis of Section 3d. The application may be refused on grounds you dont have an existing leave to remain.
Try and focus on the appeal and give it your best shot. But i very much doubt a new application will be accomodated.

[PSW WORRIES]

You cannot submit a new application when your leave do remain is on the basis of Section 3d. The application may be refused on grounds you dont have an existing leave to remain.
Try and focus on the appeal and give it your best shot. But i very much doubt a new application will be accomodated.

Thanks Obie for your input. My case is unique in the sense that my last application was a tier 4 application which was refused on the basis of "no established presence" i have since appealed and like Jackson, i am awaiting my date.

There is no where in immigration law that forbids submitting a fresh application, when your leave to remain is on the basis of section d. \
You only have to withdraw you appeal, however there are consequences.
If refused for any reason at all, you will have no right of appeal and you will be deemed an overstayer from the day you appeal was withdrawn.

This is an out of time application.

Jacksons initial application was PSW, so it will not benefit him to submit a fresh application, it is best he pursues his appeal till the end.

Any input from members of the forum?