# Spouse visa refused.. Appeal, re-apply or both..?



## mna01 (Jul 5, 2016)

Hi. It seems like appealing is the cheaper but a lot more lengthier option. Re-applying could just mean wasting money?
Can one do both and cancel accordingly?


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## ILR1980 (Feb 5, 2016)

mna01 said:


> Hi. It seems like appealing is the cheaper but a lot more lengthier option. Re-applying could just mean wasting money?
> Can one do both and cancel accordingly?


yea you can appeal and re-apply as well if applying from outside uk for entry clearance...appeal take ages i.e 12 to 18 months and re-applying will be quick if go for priority application but remember to rectify the previous refusal points this time


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## mna01 (Jul 5, 2016)

I'm getting many mixed responses on how long the appeal will take.

Yes I'll have to rectify the issues.. Thanks!


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## Joppa (Sep 7, 2009)

In an appeal, the first stage is review by entry clearance manager, and this can take a few months (but appeal system is under a heavy workload at the moment). If the review doesn't overturn the original decision, you will wait for your case to go to a judge in the immigration appeal tribunal and this can take up to a year (paper consideration), and if you have requested a hearing where you or your representative can attend, it will be longer.


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## mna01 (Jul 5, 2016)

Joppa said:


> In an appeal, the first stage is review by entry clearance manager, and this can take a few months (but appeal system is under a heavy workload at the moment). If the review doesn't overturn the original decision, you will wait for your case to go to a judge in the immigration appeal tribunal and this can take up to a year (paper consideration), and if you have requested a hearing where you or your representative can attend, it will be longer.


I think I will do both and see which happens first...


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## AuroraSkye (Feb 11, 2016)

mna01 said:


> I think I will do both and see which happens first...


Unless the rules changed, you can't have a appeal and a new application at the same time. ^-^ They'll make you withdraw your appeal before completing your new application.

If you believe you your refusal was a mistake or something easily fixed and you have the documents to do so, then some people try to save money and wait the year out. Might be lucky to get an ECM review to turn over the decision (which is what Joppa said about 3 months).

If you feel you don't have the above, but you can fix all the refusal points then most likely a new application will do best, even if it is costly. The point is if you don't address the refusal points completely, it'll be denied again. Having a previous refusal may mean your application will take longer to process (though some people went priority anyways just to get ahead of non-priority, not recommended).


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## mna01 (Jul 5, 2016)

Thank you for your help


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## ILR1980 (Feb 5, 2016)

AuroraSkye said:


> Unless the rules changed, you can't have a appeal and a new application at the same time. ^-^ They'll make you withdraw your appeal before completing your new application.
> ).


You cannot make new application for leave to remain inside Uk if your appeal is pending

If you apply entry clearence from out side Uk and get refused then you can appeal and can also re-apply at the same time without withdrawing the appeal


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## mna01 (Jul 5, 2016)

ILR1980 said:


> AuroraSkye said:
> 
> 
> > Unless the rules changed, you can't have a appeal and a new application at the same time. ^-^ They'll make you withdraw your appeal before completing your new application.
> ...


I know that request for administrative review is withdrawn once you make a new application, but I suppose it could be different for an appeal.


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## Joppa (Sep 7, 2009)

You can re-apply for the same or different category and appeal at the same time in UK. And you don't need to withdraw your appeal when you get your visa/leave. Home Office internally will notify the relevant department.


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## ILR1980 (Feb 5, 2016)

mna01 said:


> I know that request for administrative review is withdrawn once you make a new application, but I suppose it could be different for an appeal.


Rule is different for applications inside Uk(leave to remain and outside Uk(entry clearence visa)

https://www.gov.uk/government/publi...sh-application-while-an-appeal-is-outstanding

20. APL1.20 Applicant makes fresh application while an appeal is outstanding


A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, post must inform the tribunals service at: [email protected]. The ECO must ensure that a proforma of withdrawal of decision is also sent to the Tribunals Service and this appeal will stop


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## mna01 (Jul 5, 2016)

Joppa said:


> You can re-apply for the same or different category and appeal at the same time in UK. And you don't need to withdraw your appeal when you get your visa/leave. Home Office internally will notify the relevant department.


And if the appeal is accepted first then hopefully they will refund the new visa application fee...


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