Q&As

If an individual applies for a fiance(e) visa, that application is refused, and they are given the right to appeal, is there anything preventing the applicant from (a) exercising their right to appeal, and (b) simultaneously submitting a new visa application whilst the appeal is ongoing?

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Produced in partnership with Gillian McCall of Richmond Chambers
Published on LexisPSL on 22/02/2018

The following Immigration Q&A produced in partnership with Gillian McCall of Richmond Chambers provides comprehensive and up to date legal information covering:

  • If an individual applies for a fiance(e) visa, that application is refused, and they are given the right to appeal, is there anything preventing the applicant from (a) exercising their right to appeal, and (b) simultaneously submitting a new visa application whilst the appeal is ongoing?
  • Submitting an application for entry clearance while an appeal is pending

If an individual applies for a fiance(e) visa, that application is refused, and they are given the right to appeal, is there anything preventing the applicant from (a) exercising their right to appeal, and (b) simultaneously submitting a new visa application whilst the appeal is ongoing?

Submitting an application for entry clearance while an appeal is pending

In the event that a fiance(e) visa application is refused, an applicant will have a right of appeal under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002). The applicant will have a period of 28 days from the date that they received a decision on their application to challenge the decision of the Entry Clearance Officer.

Those who make applications from within the UK, are prohibited from lodging a new application when they have an appeal pending, if their leave has been extended by section 3C of the Immigration Act 1971 (IA 1971). IA 1971, s 3C(4) states:

‘(4) A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.’

This provision only applies to applications for leave to remain and where IA 1971, s 3C has been engaged. As this question deals with an application for entry clearance as a fiance(e), which is made from outside of

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