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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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1) , can one put in a new application if there is already

Resolved Question:

1) Hi, can one put in a new application if there is already an appeal in court?
2) If one's partner has an indefinite leave to remain and earns more than £18,600, can one put in an application though one has an ongoing appeal? Also that the children has applied for naturalisation to become a british citizen.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Is the applicant in the UK or overseas?
Customer: replied 2 years ago.

UK

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.
A new application cannot be made if there is a pending appeal.
The applicant has to withdraw the appeal and thereafter lodge the new application, the new application should be lodged within 28 days of the appeal being withdrawn but I would advise the new application be lodged on the same day the appeal is withdrawn, if possible.
Hope this helps
Customer: replied 2 years ago.

Thanks for your reply, having gone through the UKBA website, I concluded that I would be using the FLR(M) form for the application. Am I right pls?

Also, I read it there that I can use the premium service (same day). Can I do that?

Do I also need to wait for children's naturalisation to come out before applying? Or my partner's indefinite leave to remain is enough having met the requirements of the £18,600.?

Thank you

Expert:  UKSolicitorJA replied 2 years ago.
Yes that is the form for further leave to remain as a spouse of a British citizen or settled person.
Yes, you may use premium service for straightforward applications, if your application is not straightforward e.g. You have a pending appeal, it is advisable to apply by post.
You do not need to wait for the children's naturalisation applications to be processed, your partner's ILR is enough.
All the best.
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