can you change category when you appeal dismissed?

[sad.1]

i have a question if your appeal is dismissed and your current leave already expired while you made your application. you can not change category as a student or any other category.

one of my friend his appeal dismissed UT and now he is going back home i asked him why dont you apply with in 28 days he said he can not under section 3C and 3D.

is it true ? you can not change the category with in 28 days?
experts your advise will be really useful for all of us.

[gulrose786]

No it is not true tell him to get some competent legal information.

[sad.1]

thanks (gulrose786)....... i have told him but he had already requested his passport back and waiting for passport so he can go back. so can you kindly explain the issue here like in what circumstances you can change the category and whats the outcomes?
thanks

[sad.1]

any expert advise please i have consulted it with one of lawyer he said......like now if your appeal is going on you can not make no fresh application...........but if its dismissed you have to withdraw this category to apply another one.....i did asked him if we withdraw it then we can be over stayer and can effect 10 year long residency.....he said after withdraw u still have 28 days and in these 28 days you can switch category without your 10 year long residency.

any help please?