judicial review and Naturalisation

[mush123]

Hello,

I applied for my ILR application last year on 10 years route and my family (my wife and 2 children) applied with me but for further leave to remain(FLr{O}).
They granted me ILR but rejected to grant further leave to remain to my family and also didn’t give us the right for appeal.
According to that letter, HO has transferred my family's case to local enforcement office and ordered us to contact him by 22May 2014.
My family doesn’t have any leave or visa now. I have following questions
1) what is the way to apply for judicial review in high court ? Shall i straight go to high court or first send a pre-action protocol letter to Ho?
2) my children were born in uk but right now they don’t have any valid leave, but they are under 6.
can i apply for their Naturalisation with in few days ?

thanks

Regards
Hussain

[Amber]

You should have applied for FLR(M) not FLR(O), the rejection would have been correct. Why was no right of appeal give? Did you apply when leave expired or did they say invalid application?

Children born in the UK are now entitled to register as British as per s1(3) BNA as you are now settled. Their immigration status is irrelevant.

You should have applied for FLR(M) within 28 days of the dis-allowance.

Perhaps FLR(FP) now? Or your spouse to leave the UK and apply for spouse leave to enter subject to the Financial Requirement and A1 English.

[mush123]

hi,

Thanks for your quick reply.
I applied for my ILR and FLR(O) at that time when my the appeal of last case(tier 1 extension ) was in upper tribunal. So technically we applied when the leave was expired.

I have a limited company but did not transfer dividend voucher’s money from business account to personal account and Home office doesn’t consider those vouchers without showing those transaction in my personal account, so I cant meet financial requirements for spouse leave to enter .

Regards

[Amber]

Then FLR(FP).