Fresh application with on-going appeal (spouse visa)

[Sabinaaru]

Hi,
We were rejected last time due to financial requirement so immediately we went for an appeal. We received a letter stating that we will hear from them in aprox. 15 weeks..its well over 20 weeks. In the meantime i had also been preparing for fresh application.
My question is are you allowed to make a fresh application without withdrawing the appeal?
I am getting mixed information. So far on my cover letter i have briefly mentioned that the on-going appeal was still pending.
We have yet to submit the fresh application, waiting for more information.
Anyone here able to clarify this please.
Many thanks.

[vinny]

If you are applying an Entry clearance from outside the UK, then yes. Else, no.

[Sabinaaru]

^^
Thank you so much for your prompt response.
We are seeking an entry clearance from outside the UK. He is applying from Nepal and I am in UK.

Is it possible to request for withdrawal via phone quoting the appeal no. or does it have to be written and sent by post?....And also is withdrawal immediately in effect after the request..or it takes sometime for it to be processed...so many questions i know...its just that we were about to send the new application tomorrow..clearly we need to take a step back and address the appeal first.

Any ideas..much appreciated.

[Casa]

If you are applying an Entry clearance from outside the UK, then yes. Else, no.

If you are applying from outside of the UK there is no requirement to withdraw your appeal when you submit a new application. Did you click on Vinny's links?

[Sabinaaru]

^^
Ohhhh oops didn't check the link, just read the sentence.
Now i have.
Thank you.

[Casa]

^^
Ohhhh oops didn't check the link, just read the sentence.
Now i have.
Thank you.

Click on the words in Vinny's post underlined in blue.

[Sabinaaru]

^^
Ohhhh oops didn't check the link, just read the sentence.
Now i have.
Thank you.

Click on the words in Vinny's post underlined in blue.

Got it thank you. So it is not a requirement to withdraw the appeal according to No.20 in the uk gov link.
"..If an appellant is subsequently issued an entry clearance, post must inform the tribunals service at: ...' We have to however inform/withdraw if we are granted the entry clearance..?
. ..we can proceed with the new application as of now?

[Casa]

^^
Ohhhh oops didn't check the link, just read the sentence.
Now i have.
Thank you.

Click on the words in Vinny's post underlined in blue.

Got it thank you. So it is not a requirement to withdraw the appeal according to No.20 in the uk gov link.
"..If an appellant is subsequently issued an entry clearance, post must inform the tribunals service at: ...' We have to however inform/withdraw if we are granted the entry clearance..?
. ..we can proceed with the new application as of now? Yes