ILR 10 years question for dependents

[surfsumi]

Dear Respected Gurus & other members. I have been following this forum for sometimes now & always has been very valuable advice.
I have a similar issue as my wife & elder child ( born abroad) couldn't apply for ILR on 2019 due to gaps in their stay ( came to UK 2009). They are still on Flro Extention which is due to expire on Sep/2022. Due to visa time limitation, my wife's workplace would not offer her any promotions or training.
I have seen above posts & thought if they could also apply for ILR regardless of the gaps. I have below included their timeline in the UK if any of your respected members could advise the chances if they apply for ILR next few months.

1 . Came ( both my wife & child - then 9 months) to UK on Aug-2019 as the dependent of Tier 4
2. Were granted Tier 4 dependent up until 31-12-2011

3. Applied for new tier 4 dependent ( along with me, main applicant) on November, 2011

4. However on 2011.12.18 we had an issue as their visas were refused ( as student dependents) , I was granted tier 4 - Reason for refusal Course duration less than 6 months.. It was a genuine error from the college as they erroneously entered the course duration as 6 even though it was 9 months. The later college had rectified the error & informed HO & Issued a letter as well.

5. On 30th December 2011 we have written to HO to reconsider the decision with the letter from College saying it was a typing error.

6. On 12th January HO wrote to us saying they can't reconsider the decision but we can send fresh applications with new CAS.

7. on 28th January 2012 ( Visa expired on 31st December 2011) my spouse & child sent fresh applications as tier 4 dependents with Letter from College.

5. I, my spouse & child have applied for Post Study Visa ( tier 1) on 02nd April 2012 as I completed my degree.

6.on 15th May 2012Home office refused the first application of my spouse & child ( applied on 28th January 2012) giving same reasons ( course less than 6 months even though college informed it was an error in writing. )

7. on 28th July 2012 lodge permission application for Judicial Review
8. 14th August 2012 tier 1 ( PSW) visa granted for the whole family.

9. Solicitors asked HO to amend the consent order to legalise stay from 01st January , 2012 to 13th August , 2012 but they Refused.

10. Since then we have had another tier 4 visa & flro based on 7 year child rule. I managed to obtain ILR in 2019 & my younger child ( born in UK) became BC.

They have had another extension in march,2020 on FLRO visa as they were advised not to apply for ILR as HO may refuse the application. I'm wondering if they could apply for their ILR without waiting any longer as they have already completed ( completed in aug/2019) 10 long residency ( but with gaps).



Thank you so much.

[zimba]

Well, they applied within 28 days of visa expiry in 2012, the application was eventually granted. Time spent overstaying should be disregarded under long residence rules.