# FIANCE VISA - Do you need to withdraw your appeal to make a new application?



## uk5671 (Nov 16, 2011)

My fiance was refused a fiance visa in August 11. We quickly appealed and it was refused at the first tier. 

It was only refused initially because he didn't submit the correct English test certificate - have no idea why they would refuse the appeal, as we sent the certificate. 

Rather than wait months and months we then decided to submit a fresh application. When he took it to the Lima British Embassy they asked questions and when they found out we had a pending appeal they said we need to quickly withdraw it or we will be refused. But they took the new application.

This was Monday and for 2 days we have been faxing, calling, desperately trying to withdraw the appeal but it's proving a nightmare; none of the fax numbers seem to work and most of the phone numbers are automated messages saying to check their website. I finally spoke to someone today at the Leicester AIT and she said our appeal is currently in Hatton Cross, London and gave me another fax number. 

She then said that we don't need to withdraw the appeal as if the new application is refused we still have a chance with the appeal. So my question is, do we absolutely need to withdraw the appeal for a new application? What are the implications? 

My fiance and I wrote on a new fax the following: 

"I have decided to submit a new application. I have been advised by the British Embassy in Lima that I need to withdraw my pending appeal. However the AIT office in Leicester recommended the appeal should proceed as a safeguard should the new application be refused. Therefore I am unsure whether to officially withdraw the application. If it is better to be withdrawn please accept this as a request to do so."

Is this acceptable? I am panicking, I can't for the life of me find the official rules regarding this. We applied 2 days ago in Peru and it is being sent to Brazil, but I am scared the withdrawal won't happen in time (if at all) and they will dismiss the application. If this happens do they keep the application fee?

Any help with this will be appreciated! Thank you in advance.


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## Joppa (Sep 7, 2009)

uk5671 said:


> My fiance was refused a fiance visa in August 11. We quickly appealed and it was refused at the first tier.
> 
> It was only refused initially because he didn't submit the correct English test certificate - have no idea why they would refuse the appeal, as we sent the certificate.
> 
> ...


This is a complicated area and a proper legal advice should be sought. Generally speaking you cannot make another visa application when an appeal is pending, but UKBA sometimes accept new application if it arises from a new situation, such as marriage that has alredy taken place. But if you apply without first withdrawing your appeal, they may only give you discretionary leave, which has longer (6 years) qualifying period for settlement than FLR (M) or spouse settlement visa (2 years).


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## uk5671 (Nov 16, 2011)

Thank you for your advice! I will update you on what happened. I spoke again to the AIT and they again assured me that we can keep an appeal whilst we reapply. We ended up withdrawing anyway, as there seemed no point in keeping the appeal active. 

We have today received an email entitled "Your Visa Application at Rio de Janeiro" and the content says this:

"Has been issued. Your documents will be dispatched the following working day. We want to hear your views on the service we provided, please complete our Customer Satisfaction Survey at ..... Play by the rules or get locked out for up to 10 years if you abuse our immigration laws. This is an automated message, please do not reply to this email."

So that's it, we're accepted?! It feels too good to be true .. I'm slightly concerned that it says our visa 'application' has been issued, not just visa. Or maybe I'm being paranoid?!


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## Kitara (Nov 29, 2011)

congrats man! i hope mine will be appove too..


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## uk5671 (Nov 16, 2011)

Good luck! I won't believe mine is accepted until I see his passport! We have been trying for over a year, been refused visas left right and centre and had mountains of problems (lack of money, job experience etc). But we put a huge effort into this one and it looked like it paid off  Still slightly concerned about the word 'application' in the email though, would relax if it had said 'your visa has been issued' rather than 'your visa application has been issued'.


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## Kitara (Nov 29, 2011)

Can u list the item u submit please? I would like to do check list. 
Wow u must have paid the fees multiple times..


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## uk5671 (Nov 16, 2011)

Well he has been refused 2 visas for Australia, a visitor visa for the UK back when we first met, a fiance visa and an appeal! Yeah the cost has added up. We didn't get any help from professionals so I guess we are proof these problems can be overcome. I will start a new thread now with a list of everything we included, hopefully it will help.


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## Kitara (Nov 29, 2011)

Thank you very much.. My biometrics will be on 28 Dec! Hope everything will goes well..


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## Carors (Mar 10, 2012)

I just received the same e-Mail and the word "Application" is also panicking me!!! Did it Mean that your Visa was approved?? Or was it just a standard e-mail they send to everyone no matter the ir visa was approved or denied??
I am very desperate now!!

Thank youu!


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## uk5671 (Nov 16, 2011)

HOLAS QUE BUENO QUE TENGAS ESA RESPUESTA , ESTA ES LA CUENTA DE MI NOVIA, Y SIGUIENDO TODOS LOS PROCEDIMIENTOS ,OBTUVE LA VISA Y AHORA ESTOY FELIX ACA EN INGLATERRA!, SOBRE ESE CORREO QUE TE LLEGO LO UNICO QUE PUEDO DECIRTE QUE: ALISTES MALETAS!!!!! FELICITACIONES ,Y COMO LO COMPROBE ?PORQUE CUANDO FUI A RECOGER MI PASAPORTE ES AHI DONDE LES PREGUNTE A TODOS , ALGUIEN RECIBIO UN CORREO DONDE DICE HAS BEEN ISSUED Y MAS DE LA MITAD LA RECIBIO Y A LOS OTROS QUE NO RECIBIERON ESE CORREO, NO LE DIERON LA VISA!!!BUENO SUERTE EN TU VIAJE Y MUCHAS FELICIDADES! G.L.M.C (una cervecita cuando estes por estos lugares)

(Note from my fiance above as you are from Chile!) 
For anybody else, the email does mean the visa is accepted, if not there would only be an email saying your passport is ready. The wording is confusing, but my fiance compared the email with other people at the embassy when he collected his passport and confirmed the above. Congratulations!


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## pach_117 (Apr 16, 2012)

Hola Uk5671. Queria consultarte si sabias el significado de la validez del family permit. Mi family permit dice Valid from 4/4/12 to 10/4/1012. Tengo pensado viajar con mi fiancee (Español) en Julio 2012 y queria saber si esto quiere decir que solo tengo 3 meses de legalidad en UK ya que el family permit dice valid thru 10/4 o, si esta fecha quiere decir el ultimo dia que tengo para entrar a Uk? Una vez que llego a UK en Julilo, cuantos meses tengo para vivir legalmente? Que otro tramite debo hacer para extender mi legalidad una vez que llego a UK? Muchisimas gracias!!


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## mari-e (Jul 17, 2012)

eeek!!! acabamos de recibir el mismo email!!! we just got the same email, i can't tell you how relieved i am!!! fingers toes and everything else crossed!!


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