ILR long residence refused reapply using EHRC

Hi,

I am currently on Tier 2 dependent visa expiring on January 2020. Both me and my husband became eligible for ILR (long residence) this year. When we applied earlier my husband was granted his ILR but I was refused due to gap in stay over 6 months. I did mention in my application that my husband was eligible and was applying for ILR and to show discretion but the application was still refused. Following my husband's successful application my daughter now has UK passport.

My questions are:

1) What are my chances of success if I re-apply for ILR long residence? Now my husband has ILR and my daughter has UK passport. During my first application my husband's ILR wasn't granted (he had just applied). Is there higher chance of showing discretion in this instance as I can quote EHRC European court for human rights?

2) Is it better to move on to ILR dependent or Tier 2 dependent and apply for ILR via tier 2 dependent for 5 years (that will be on 2021). If I wait to be eligible for ILR long residence from my gap then I have to wait till 2022.

3)Can I extend my tier 2 dependent despite my husband now being on ILR?

Thanks in advance.
DrHussein

What is your full immigration history including dates and the 6 month gap?

Also important to note that long residence ilr doesn't have a dependent element and each person applying must meet all the requirements individually.

Ehrc won't give you ilr either, it could possibly only give you a visa for 2.5 years.

1. You still need to meet the same requirements on your own. Your spouse and daughters status is irrelevant. Unlikely ho will apply discretion as the immigration rules are very clear.

2. Yes, FLR m spouse visa is what you should apply and meet the English and financial requirements.

3. No you cannot extend your tier 2 dependent visa anymore as your spouse did not get ilr via the PBS 5 year route.