This is my first post and hope the moderators would help me with some advice.
In short my story is here -
My Set-O application was refused without an in country appeal right while my wife was studying here with a Tier 4 visa. Within 14 days of my refusal she applied for FLR-FP keeping me as her dependent. In 2018 this application was varied with an Asylum claim. So this asylum application was her in time application while having 3C leave , but mine second application meaning at that point my 3C was gone, 39E is of no use for my case as we know by now (Re: Ahmed case) .
2 Weeks ago my wife got her SET (LR) approved and we have applied for my 4+ years old son's certificate for registration as British citizen (using MN1 form on line) and currently awaiting .She HAS NOT withdrawn her asylum application, we kept it ongoing with clear mention on the cover letter submitted with her SET (LR) application .Since a protection claim can run simultaneously with other application (SET-LR in our Case) we were allowed to keep it ongoing and it’s still in progress. My son was born here and never been outside of UK, he is going to local nursery and should start reception from this September. We all live at the same address as a family unit and share all parental responsibilities. I have completed my 10 years and 8 months here by now. I cannot apply for FLR (M) because of £18600 income threshold.
After receiving my son's passport I would like to apply for my visa, we will withdraw the asylum claim at that point. What would be the best route for me? ILR or FLR-FP? For ILR-I reckon they might refuse because of not having 10 yrs lawful residence and will not give any benefit of 39E. If I apply for FLR-FP , should I apply as partner of my settled wife or as parent of our 4 years 4 months old British citizen child ? Please shed some light on the grounds I can mention on my cover letter. This way what is the likelihood of getting visa?
Thanks in advance for advising me. I would appreciate your help.
Regards.
AR0019
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