Wife's spouse visa refused due to not meeting financial thre

My wife came here on 30 sept 2004 on a student visa and in September 2010 she changed to a spouse of a tier 4. I recently got Indefinite leave to remain and my wife applied flr(m) on 17 March 2014 and we did not fill the financial part since it was b4 April when it started. On 20 August 2014 she has received a refusal due to the financial threshold but most of the data used by caseworker were wrong as he said that my wife came here in October 2010 yet she was here from 2004. We have a child whom I have already sent his MN1 form and the case worker has put in the refusal that he can't consider the child position since he is not yet British or settled. We have been given option to appeal . We don't meet the threshold so since she will b 10 yrs in 10 days can we appeal the withdraw appeal to send set LR???

Our thought and ideas will help

Home Office are very clever, they are aware the decision will be varied which was why they did this.

Well you have many options.

1. Appeal and during the appeal ask the judge to remit the matter to the Home Office as the decision was not in accordance with the law, as it was made before the 6th April 2014. Therefore the wrong provision was applied. If the matter is remitted, you vary it to ILR using Set (LR) and paying the fee difference. Alternatively you could ask a Judge to access the case under the long residence provision afresh

2. Other option is to make a new ILR application before 28 days of the section 3C right expiring.

I wish you all the best.

If you submit a SET(LR) from 28 days before 30 sept 2014 ensure it is completed perfectly as you'll not have appeal rights. B1 English and LIUK required. If it were me, I would appeal (within 10 working days of the decision) and complete a SET(LR) application from 28 days before 30 September 2014, that will be invalid as you have an appeal in place. However, the PO should get to see it as a priority and allow the appeal to lapse.