Doubt on Judicial review

[jarraj1102]

Dear Moderators,

I would like to ask a doubt on the situation me and my dependent are in at the moment. I would like to hear your thoughts on this. Please see my timeline below
Applied for SET (O) ILR based on Tier general: 5/08/2016
Applied for Tier general dependent extension for my spouse: 26/08/2066
Date of expiry of both of our visas under Tier 1: 28/08/2016
My application decision: Refusal on the grounds of 322 (5) because of tax amendments (14/07/2017).
My partners decision: Refusal on the grounds that my 319(C) (14/07/2017) because my application was refused and hence she does not qualify to continue as a Tier 1 dependent.

My next steps:

• Apply for an AR review and include my partner in the same AR because there is a provision of adding a dependent on the AR.
• If unsuccessful, then she would leave the country within 14 days of the AR refusal.
• She then applies for Tier 2 visa from our home country through NHS as her sponsor and possibly gets it without any issues and travels back to UK to work on her Tier 2 Visa.
• I understand that I cannot then change myself to her dependent, as that would be rejected because of deception on my previous application.

Now, my question is- She would have qualified for her ILR as a Tier 1 dependent on March 2018 (on 5 years route) had I received my ILR. Now, when I go for my JR, I will ask for the review of both my ILR and her Tier 1 dependent application. If I am successful, I understand I will get my ILR.

Can anyone confirm if she would then have her Tier 1 dependent visa reinstated from Tier 2 to allow her to apply for her ILR in March 2018?

Any guidance and views on this is much appreciated.

Many thanks in advance.