University Admission Children Whilst ILR Pending need help

[c4click]

Hi Dear
My ILR application from Tier 1 General & Children as PBS dependent, still pending more than one year. Dependent came UK before 07/2012 and were studying. Last year two children over 18 years get admission in university and take gap year. University considering as international student as ILR application is not decided as yet by the Home Office. University demanding either ILR status for home student or TIER 4 VISA as Int; student before September 2017. Home student fee £18000 per year for both while £46000 for international.

As stuck, so decided to pay int;fee to save their future although its too much. What will be PROS and CONS please:
1- If we need Tier 4 Visa for children study in uni, does dependent ILR application need to withdrawn or meanwhile pending they can get as well.
2- After withdrawing their application is there legal stay will remain or break.
2- When me as main applicant get ILR, does they eligible for ILR or not at all.
3- Any suggestions will be more than welcome to help me sort out the issue please.

Case History:
Tier 1 General to ILR application by post, more than 1 year pending
Tax return 2011 revised in 02/2016 because of Acctt error (letter attached)
2011 self employed but after that Director Ltd Co. until ILR application.
10 years also completed in 04/2017 but not changed on the basis of Long Residence

Please explore the matter to be solved asap. thanks for giving time

[c4click]

Dear Moderators,
I am waiting please your guidance.

[zimba]

1- If we need Tier 4 Visa for children study in uni, does dependent ILR application need to withdrawn or meanwhile pending they can get as well.

Technically they are protected under section 3C and can study for now, however if your application is refused they could become over stayers and unable to continue their studies. Also university might not accept them in the first place on section 3C.

2- After withdrawing their application is there legal stay will remain or break.

If you withdraw their applications, they must leave the UK asap to avoid overstaying. Under PBS dependant visa, you can study in the UK. If they have to get a Tier 4 visa, they have to leave the UK and apply from home country because PBS dependants cannot switch to main PBS categories like Tier 4 in the UK. This could mean that they might break their long residence period and lose the chance of getting an ILR completely.

2- When me as main applicant get ILR, does they eligible for ILR or not at all.

They will be eligible for ILR as PBS dependants when completing 5 years lawful stay (07/2017) however you MUST get your ILR first under Tier 1G.
If you get long residence ILR, they have have to switch to FLR(M) and their immigration clock will reset to zero.

3- Any suggestions will be more than welcome to help me sort out the issue please.

It is quite possible given the evidence that your ILR could be refused. Improper tax and income declaration under Tier 1G would lead to a refusal as it is obvious in many many posts in the forum. This could affect the 10 year long residence too.
Your case might take a long time and this could adversely affect your dependants ability to study. I hope this is not the case for you but there is string possibility.

[c4click]

Dear Zimba88, thank you

3- Any suggestions will be more than welcome to help me sort out the issue please.

It is quite possible given the evidence that your ILR could be refused. Improper tax and income declaration under Tier 1G would lead to a refusal as it is obvious in many many posts in the forum. This could affect the 10 year long residence too.
Your case might take a long time and this could adversely affect your dependants ability to study. I hope this is not the case for you but there is string possibility. This could affect the 10 year long residence too.

Dear Zimba88,
what does this mean. Are you saying after Tier 1 General to ILR refusal, I can not make new application with in 14 days as ILR Long Residency? please respond. thanks

[zimba]

Depends on the reason for refusal.
If it is proved that you have used deception in acquiring a Tier 1G visa, then any long residence application could be refused on the same grounds as the 10 years MUST be spent lawfully and the visas must not have been acquired through deception.
If you failed to declare your income truthfully (or if it is believed that declared income was not genuine) and given that Tier 1G visa had an income requirement, you could be viewed as person who attempted to deceive the HO in order to obtain a visa and therefore the Tier 1G visa was not acquired lawfully.

Please remember I am explaining what you asked and I am not claiming that this is your case.