Children and 10 years long residence

[ujeshaniere]

Good morning all, please I will appreciate some advice on my situation.
Back story, I came to the UK in April 2010 as a PBS dependant, children then aged 3 and 6 came in on same route in August 2010. We applied for ILR in 2016 but was refused based on tax discrepancies. Main applicant got his refusal immediately as he made same day application while we dependants applied by post. My husband went through judicial review and this concluded sometimes in 2017. It was after this we received refusal letter for dependants in November 2017. By then the children had lived in the UK for over 7 years so we applied within 14 days for FLR (FP) which was granted in November 2018. Husband applied under the same route sometime later and got granted as well.
I am planning to apply for ILR this month based on 10 years lawful residence, assuming lawful residence has not been broken by refusal in 2017. Please correct me if this is wrong.
The main concern now is what happens to the children after 10 years? Are they able to apply using Set LR? From my research online children should use Set (F) but I’m afraid that will mean they have to wait till their dad who will be the less privileged parent qualifies. This at the earliest won’t be for another 5 years. I have been searching for answers online on the correct form to apply for children but answers seem to be very vague and conflicting. What is the best way to go about this please
Thanks in advance

[vinny]

If you and the children qualify under Long residence, then apply separately for SET(LR).

Unfortunately, the Court of Appeal have added a lot of confusion over eligibility.

How much leave do you have remaining?

Perhaps, you may apply first and, if successful, the children apply afterwards?

SET(F) may fail unless both parents to have ILR.

[ujeshaniere]

Thanks vinny . The current leave runs out in April 2021. I will apply this month as I’ve clocked 10 years and maybe leave the children’s application till current leave expires. I’m just hoping they qualify in their own right so older child can go to uni when the time comes. Hopefully there will be more clarity on this by then. Thank you.

[vinny]

If you are successful, then I think the children should succeed too, as their circumstances are the same as yours.

[ujeshaniere]

Having just read the link in your first response vinny I’m not so confident about my lawful residence being unbroken now. i will see how it goes though and update later. Will probably go for it this week using super priority. Thanks a lot for your time.

[vinny]

I think the Court of Appeal’s logic was flawed by saying 276B(i)(a) and 276B(v) are free standing and independent of each other. I believe they cannot be so as they shared variables and that leads to an inconsistency in the natural meaning of “disregarded”.