Tier 2 Extension/Toeic related

[Nich24]

Hi,

My wife was granted tier 2 employee sponsored visa in august 2014, and got entry clearance. Myself and my son applied for pbs dependant in uk. Later, the home office refused visas for me and my son stating toeic issues. They also cancelled my wife's visa, stating if they had known that she is a dependant of toeic deception applicant, they would not have issued visa for her, which was baseless.

We then approached the court. Within a year, home office REINSTATED my wife's visa and issued visa for my son.

My wife is planning to extend her visa for another 3 years. As her visa is reinstated earlier, will she have any problem is getting visa now?

Now that the home office know my case is still on going, will it affect my wife's visa?

Kindly advice.

Many thanks.

[Djsuccess]

what visa were you on before you applied for tier 2 dependent visa?
Was your son born in the UK?
what exactly was the issue with your TOEIC (used a wrong result or didn't provide TOEIC)?
Have you made any attempt to rectify the TOEIC issue?
What have you been doing since 2014 when your Tier 2 dependent visa was rejected?
Do you have a pending application or you have simply decided not to leave the country since your last visa was refused?
it appears your visa was rejected due to TOEIC deception. deception is a big issue that will automatically lead to refusal of all future applications for you.

I guess you have to answer many questions in order to understand how your case might be connected to your wife.
While it might be possible for your wife to extend her visa, she might have to provide information about her previous visa cancellation.
Your son might also face issue with visa renewal because I understand that the consent of the 2 parents will be required in order to grant a dependent visa to a child.

Your wife and son might need a lawyer to help with their visa extension.

it might be possible for UKVI to treat their application without connecting them to you. Not sure

[Nich24]

Thank you very much for your reply.

My answers for your questions are:
1. I was on Psw before I apply for tier 2 dependant.
2. My son was not born in U.K., however he is in this country for nearly 6.5 years
3. I am a toeic victim, who took the test genuinely. When our visas were refused, we had no clue on which direction to proceed. So, we approached a solicitor who submitted pre action protocol etc.,. But he did not urge us that we have to apply for Jr within 90 days. As we were not happy with the way he was responding to us related to our case, we were looking for another lawyer, which delayed even further.
We made our application for jr nearly 180 days after our visa refusal. This complicated our case.
4. Once we applied for jr, my wife's visa was reinstated and my son got his visa.
5. My jr is refused just by stating one reason, "applied after 180 days". I have now appealed in the court, waiting for a response.

Is it advisable for my wife to apply separately. And once she gets her visa, is it good to make the application for my son?

Many thanks.