ILR for Spouse & child . Gaps in Legal residence. please help.
Posted: Sat Dec 28, 2019 8:33 pm
I hold ILR ( granted last year ) & my younger child is BC. My wife & older child preparing to apply for ILR ( long residence- 10 years). They have been in UK 10 years & 4 months.
1. However on 2011.12.18 we had an issue as their visa were refused ( as student dependents) , I was granted tier 4 - Reason for refusal Course duration less than 6 months.. It was genuine error from the college as they erroneously entered the course duration as 6 even though it was 9 months. Later college had rectify the error & informed HO & Issued a letters as well.
2. On 30th December, 2011 we have wrote to HO to reconsider the decision with the letter from College saying it was a typing error.
3. On 12th January HO wrote to us saying they can't reconsider the decision but we can send fresh applications with new CAS.
4. 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 a error in writing. )
7. on 28th July 2012 lodge permission application for Judicial Review
8. 14th August 2012 tier 1 ( PSW) visa granted for whole family.
9. Solicitors asked HO amend the consent order to legalise stay from 01st January , 2012 to 13th August , 2012 but they Refused.
Now we are trying to get ILR but I'm worried if they would refuse their applications due to above reasons. Both of them are on FLRO visa ( granted on 7 year child rule ).
I would really appreciate advice of respected gurus , senior members on this issue.
Thank you so much.
1. However on 2011.12.18 we had an issue as their visa were refused ( as student dependents) , I was granted tier 4 - Reason for refusal Course duration less than 6 months.. It was genuine error from the college as they erroneously entered the course duration as 6 even though it was 9 months. Later college had rectify the error & informed HO & Issued a letters as well.
2. On 30th December, 2011 we have wrote to HO to reconsider the decision with the letter from College saying it was a typing error.
3. On 12th January HO wrote to us saying they can't reconsider the decision but we can send fresh applications with new CAS.
4. 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 a error in writing. )
7. on 28th July 2012 lodge permission application for Judicial Review
8. 14th August 2012 tier 1 ( PSW) visa granted for whole family.
9. Solicitors asked HO amend the consent order to legalise stay from 01st January , 2012 to 13th August , 2012 but they Refused.
Now we are trying to get ILR but I'm worried if they would refuse their applications due to above reasons. Both of them are on FLRO visa ( granted on 7 year child rule ).
I would really appreciate advice of respected gurus , senior members on this issue.
Thank you so much.