Can I appeal against Home Office Decision

[Hope09]

I, my husband and three children applied for IRL (10yrs) back in March this year and I got mine in July but my husband and our three children all born here have been given 2yrs instead this week. My husband used form Set M because at the time it was the one which dependants were allowed to be included but back in August my husband was suprised when HO asked him to send documents to prove that we have been leaving together and sent them as requested. Early this month he received another letter asking whether he's applying for IRL and if so he should fill in form Set O or else they will make a decision based on the available information. He filled in form set O as requested but also explained to the caseworker the reason he used the form M at the time as per guidance notes. Can they appeal for the decision or HO is right? Please advise!


Thanks

[Amber]

The children do not need leave to remain, instead they're entitled to register as British on form MN1 now.

Assuming your spouse was a pbs dep before July 2012, he should have applied for FLR(M) then applied SET(M) when qualified. If he has been granted FLR(m) now then he may be able to apply SET(m) now if he's been a pbs dep for 2 or more years.

[Hope09]

Thanks for your reply. I will now register our children as british citizen. As for my husband sorry he used FLR(M) when he applied and was my dependant before July 2012 and had already completed 10yrs too. Should he wait 2yrs to apply for his IRL or he can apply now?

Thanks

[Amber]

He now needs to apply for SET(M) by virtue of immigration rule 287(a)(i)(d) assuming he spent 2 years as a PBS dep. Although, he could have argued that SET(LR) was correct if he had completed ten years so may want to consider appealing.