when do u call date of appeal withdrawal

vkbairi · Post by **vkbairi** » Sat Oct 20, 2012 2:31 pm

hi
oct 2011 stundet visa rejcted as i didnt do levelb2 english was on appeal.than finshed masters in march 2012. till date i was on appeal as my visa expired in sept 2011.

mar 2012 applied for psw visa
sept 2012 ukba sent decision " they cant accept my application as i have pending appeal,and refund my money back"
sept 2012 my solicitor complaint raised "alread appeal was withdrawal on 16 mar 2012,and applied for psw on same date" we had enough evidence.
oct 2012 ukba responce "DATE OF APPEAL WITHDRAWAL SENT ON 16 MAR 2012 BUT ACCEPTED ON 28 MAR 2012".

UKBA SAYING THAT 28 MAR 2012 WAS ACCEPTED FOR WITHDRAWAL.BUT WE WITHDRAWAL ON 16 MARCH 2012.

WHAT DO YOU MEAN BY DATE OF WITHDRAWAL......IS IT DATE WE SENT WITHDRAWAL OR THE DATE TRIBUNAL ACCEPT WITHDRAWAL.

EVEN UKBA RULES SAYS "DATE OF APPLICATION MEANS SENT BY POST BUT NOT THE DATE RECEIVED TO UKBA ISNT IT".

Post by **geriatrix** » Sat Oct 20, 2012 3:19 pm

Appeals are dealt with by HM Courts and Tribunal Service, not UKBA!!

Withdrawal of appeal wrote:(3) If an appeal is withdrawn or treated as withdrawn, the Tribunal must serve on the parties a notice that the appeal has been recorded as having been withdrawn.

So, what is the date of this notice issued to you?

vkbairi · Post by **vkbairi** » Sat Oct 20, 2012 11:06 pm

16 march 2012 sent to tribunal for withdrawal by recorded delivery
Got conformation on 28 march 2012

sushdmehta wrote:Appeals are dealt with by HM Courts and Tribunal Service, not UKBA!!

Withdrawal of appeal wrote:(3) If an appeal is withdrawn or treated as withdrawn, the Tribunal must serve on the parties a notice that the appeal has been recorded as having been withdrawn.
So, what is the date of this notice issued to you?

Deepshithole2010 · Post by **Deepshithole2010** » Sun Oct 21, 2012 1:14 am

Yes 28th of March is the date of your withdrawal once you have rec'd the confirmation NOT when you sent the letter therefore UKBA is right to refuse your application if it was made any time before 28th of March as invalid

Your solicitor was an absolute nutcase to have made the application the same day when he is requesting to withdraw the appeal,this shows the lack of legal understanding your so called solicitors or legal consultants have.

There is an out side chance for you to explain to the judge should you decide to appeal against this refusal that this was a case of misunderstanding but it would be hard for the judge to be convinced as you already had a legal representative to give you correct advice.

vkbairi · Post by **vkbairi** » Sun Oct 21, 2012 11:41 am

I know you said is good point but when my visa expired on sept 2011, if I withdraw my appeal than I will be illegal.

Once I withdraw the appeal what will be my legal status.

Deepshithole2010 wrote:Yes 28th of March is the date of your withdrawal once you have rec'd the confirmation NOT when you sent the letter therefore UKBA is right to refuse your application if it was made any time before 28th of March as invalid

Your solicitor was an absolute nutcase to have made the application the same day when he is requesting to withdraw the appeal,this shows the lack of legal understanding your so called solicitors or legal consultants have.

There is an out side chance for you to explain to the judge should you decide to appeal against this refusal that this was a case of misunderstanding but it would be hard for the judge to be convinced as you already had a legal representative to give you correct advice.

Post by **geriatrix** » Sun Oct 21, 2012 1:07 pm

From what you have stated and what I can understand from it, you have been overstayer since the day your appeal was confirmed to have been withdrawn - 28-Mar-2012.

vkbairi · Post by **vkbairi** » Sun Oct 21, 2012 4:49 pm

How I ll be over stayer..... When I again apply to Ukba after my withdrawal

This forum really confused with min knowledge and implement rules with out evidence

quote="sushdmehta"]From what you have stated and what I can understand from it, you have been overstayer since the day your appeal was confirmed to have been withdrawn - 28-Mar-2012.[/quote]

mk101 · Post by **mk101** » Mon Oct 22, 2012 4:37 pm

best of luck u are right people have minimum knowledge here
ukba deals with cases on individual basis
i hope ur visa would be granted as its misunderstanding and they are not willing to grant visa's with people with poor immigration history.

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when do u call date of appeal withdrawal

when do u call date of appeal withdrawal