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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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My FLR O application has been refused, and got the right to

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My FLR O application has been refused, and got the right to appeal. I wanted to ask that is it possible if I apply for a new category during my appeal process?
I did submited my that application befor it expires.
I have been in UK since October 2008, my wife from india joined me in 2010 now we have a 18 months kid.
Our application FLR O was based on private life.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.
You would be asked in the application if you had any other applications or appeals pending and it is likely you would be asked which you want to proceed with. Do you feel that you have valid grounds for appeal and that the refusal was incorrect under the rules and guidance? If so then you might consider making sure you just submit a strong appeal. If the decision was correct and you feel that a different application would be more suitable then you could quickly submit a new application.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks . I want to confirm again that I can go for another application while am on appeal.
Further more about my refusal, am in the UK since October 2008,my wife joined me from India in 2010 & we got a kid now 18 months old, coz we haven't fullfilled any of the requirements,they refused.But the situation at the moment is that going back home will spoil my career & my family life, what do you suggest about the appeal.
Expert:  Howard replied 1 year ago.
Generally speaking you should not. If you do then you must disclose this and the usual result might be that you are asked to choose whether the appeal or application should proceed.

If you did not meet any of the requirements then an appeal is not going to be successful - the purpose of the appeal is to determine if you should have been approved and you have already said that you did not meet the requirements.

For more detailed advice about your specific application you should start a new topic, as this is beyond the scope of your original question that I have answered, or see an immigration lawyer.
Customer: replied 1 year ago.
Sorry am a bit confuse at the moment, am ok to disclose my appeal when opt for another application, I only wanted to confirm that the second application will be accepted,considering that my last visa expired on 1st of April but I did applied for FLR O before it expires.
Expert:  Howard replied 1 year ago.

Ok, if you appeal and then submit a new application then the new application must disclose that you have an appeal pending. This is likely to result in you being asked if you want to proceed with the application or the appeal - you would be expected to choose one. Therefore you should not usually submit a new application if you have an appeal pending.

 

There are exceptional circumstances where an applicant might let an appeal go for a while before submitting a new application - the intent would be to buy time and then change to the new application, but BOTH should not be considered at the same time. This is why I am not saying you cannot submit an application while an appeal is pending but I am telling you what will happen if you do this.

 

If you make the application then it might be accepted in terms of taking your payment but you will usually then be asked to choose the appeal or the application. The general advice is therefore to NOT submit an application while the appeal is pending UNLESS you have a specific reason for wanting to submit a different application that will replace the appeal.

 

If your refusal was very recent then you can quickly submit a new application because your leave to remain will have effectively been extended pending receipt of the decision and your leave will therefore effectively have ended on the date of the decision. You are of course allowed to submit a new application up to 28 days after your leave to remain expires. A new application should therefore be accepted.

 

I hope that is clear.

Expert:  Howard replied 1 year ago.
Hi Abu,

I noticed that you viewed my response but you haven't let me know if your question was fully answered. Don't forget to let me know if you have further questions or if I had managed to fully answer your question!

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