So, is it possible to appeal as well as placing the new application for the spouse visa?.
You can, but I'm not sure it would be worth it - as soon as the spousal visa is issued, the appeal will be cancelled anyway, so you would have just wasted £80 on the appeal fee and will have nothing to show for it.
20. APL1.20 Applicant makes fresh application while an appeal is outstanding
A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, post must inform the tribunals service at eco.contact@hmcts.gsi.gov.uk. The ECO must ensure that a proforma of withdrawal of decision is also sent to the Tribunals Service and this appeal will stop.
(
https://www.gov.uk/government/publications/appeal-procedures-apl01/archived-appeal-procedures-apl01)
Also from that page:
- You have to pay to lodge an appeal with the Tribunals service, and mail the application form and your documents to them.
- They then have 28 days to forward your application and documents to the ECO in Sheffield for review.
- The ECO will then decide whether to uphold or overturn the refusal - they have 12 weeks to do this.
- If they overturn it, the visa will be issued. If not, the appeal will go back to the tribunal and may go to a hearing
I would prefer to see the appeal in my records than just being rejected..
Honestly, appealing doesn't help or solve anything in regards to how your application look.
- The ONLY affect that your refusal will have on future applications is that you will need to declare the refusal and include the paperwork, it will take a bit longer for them to be processed due to looking into the refusal reason. It means you likely won't be able to apply in person for future applications as they may not be able to make a same-day decision.
- And the ONLY reason to appeal is if you want to get justice for the incorrect decision and you're happy to wait several months for it. That's a personal decision won't effect future applications... because you would still need to declare both the refusal and the appeal on the application form.
If you don't want to wait for an appeal, then the quickest and easiest way to for you to move to the UK is to just reapply and just let the refusal go and not bother appealing.