Help please......urgent

[star17]

i came on student visa in March 2002 and my wife joined me in UK in Sep 2004 as “student dependent” and i remained on Student visa while my wife and two daughters on “student dependent” till Sep 2008, during our stay in UK we have 3 daughters born here.

My wife is a medical doctor she had a job offer and hospital was willing to apply Work Permit for her, so in Sep 2008 my wife applied for WP and me and two daughters applied for dependent of WP holder, our visa was refused in Oct2008 as they said “student dependent” can’t switch in country. we appealed against the decision and judge gave us 3 years "Discretionary leave to Remain" on the human rights ground.

Note: my 3rd daughter was born after we were granted "Discretionary leave to Remain" in March 2011 so she don’t have visa endorsed on her passport.

In March 2012 i have completed my lawful 10 years in UK; i have submitted my ILR application SET (O) in March 2012 and still waiting for result. Nobody knows how long they will take to decide my case.


My wife’s and 3 daughter’s current "Discretionary leave to Remain" in ending on the 20th May 2012 and need to apply extension for them. Confusion is what to do

Option 1: to send FLR(M) application , and ask them to hold the case till my case decided but two issues one what if i get visa refused they will not have any status then ( current leave will expire on the 20th May) and 2nd i am on JSA at the moment and wife is not working as she had a serious accident and her both legs were quite badly damaged, she is much better but not 100% as she will have one operation is 2 weeks times as well for her leg. Also she hasn’t yet passed life in uk test, she is a medical graduated from abroad i dont know if she gets any exemption. Fees for single applicant is £561 while if add 3 daughter as dependent then fees would be £1404.

Option 2: to apply extension for "Discretionary leave to Remain" by using FLR(O) form, fees is same . but issue is in order to apply for "Discretionary leave to Remain" you must not spend more than 90 days out of UK. While my wife had a an accident while we were abroad on holidays and we could not travel back and stayed there for around 150 days because she was not allowed to travel , as she was on wheel chair and was not allowed to move her legs.

Option 3: only apply for my wife and leave the my daughters as i heard that if one of the parent of UK born children gets ILR then children automatically become eligible to apply for registration. But issue what if God forbid i get visa refused then they will become illegal and even if i get my ILR stamped in few months then they will be illegal after 20th May.

I need a serious advice, what would be the best/safe/less costly course of action for me. Bear in mind, for my 3 daughters i have to pay £1103 “Registration as British Citizen”) fees as well.

i really appreciate your replies
Regards