ILR granted but wife application refused

[TARUN JI]

Need advise for my wife and son who applied for dependent visa when i submitted my
My ILR application made in May 2016 ,
Application Refused as i was out of the country for more than 540 days >but right to appeal July 2016
Appeal allowedby judge - Aug 2017
ILR granted(BRP received) Jan 2018

my wife and son application refused as my application was refused (Main applicant) i was given right to appeal but their passport and supporting docs was kept by UKBA and no right to appeal (NHS surcharge refunded for both) do they keep the passport ??????
The reason given for refusal was decided in view of the fact that her partner’s application for indefinite leave to remain has also been refused. In light of this the Secretary of State is not satisfied that our client is the spouse of a person who has valid leave to enter or remain as a Points Based System Migrant, or is at the same time, being granted leave to remain as a Points Based System Migrant and it has therefore been decided that she has not met the rules to be granted leave to remain as the partner of a Points based System Migrant.
my solicitor wrote to them--- 2 times
1 - letter send Aug 2016
We can confirm that our client’s partner (Me) has lodged an appeal and is awaiting regarding the outcome of that.
We believe that an administrative review should be carried out in light of the appeal. It would be grossly unfair if you do not allow our client and her child to await the outcome of the appeal hearing before making a decision. The matters are entwined and the decision to deal with their matter without the outcome of (Main applicant) appeal would be premature.
Our client and her son have never fallen foul of the immigration rules and therefore we request that you allow the appeal process to conclude before making a decision regarding the above.

2 (letter send Sep 2017) after i revived a letter from Tribunal
We can confirm that our client’s had lodged an appeal and attended his appeal hearing on the 1st August 2017. We have now received a judgement dated 22nd August 2017
We believe that an administrative review should be carried out in relation to our client (wife) application in light of partner’s outcome at the appeal hearing. It would be grossly unfair if you do not allow our client to remain in the United Kingdom with her spouse and young child. The matters are entwined and our client should be allowed to remain with her family.
2 letter send to them with copy of my appeal allowed by Tribunal - 2017

Now i am applying for son MN1 - register my child as British citizen (3 yr old)
i am seeking advise for my wife - should i apply again as fresh dependent.

what will happen from (july 2016 as her application was refused) not sure if she overstayed ,her status is unkown ,they know its not right from case worker side thats why did not returned any documents ??

Thanks and waiting for some advise

[TARUN JI]

Need advise for my wife and son who applied for dependent visa when i submitted my
My ILR application made in May 2016 ,
Application Refused as i was out of the country for more than 540 days >but right to appeal July 2016
Appeal allowedby judge - Aug 2017
ILR granted(BRP received) Jan 2018

my wife and son application refused as my application was refused (Main applicant) i was given right to appeal but their passport and supporting docs was kept by UKBA and no right to appeal (NHS surcharge refunded for both) do they keep the passport ??????
The reason given for refusal was decided in view of the fact that her partner’s application for indefinite leave to remain has also been refused. In light of this the Secretary of State is not satisfied that our client is the spouse of a person who has valid leave to enter or remain as a Points Based System Migrant, or is at the same time, being granted leave to remain as a Points Based System Migrant and it has therefore been decided that she has not met the rules to be granted leave to remain as the partner of a Points based System Migrant.
my solicitor wrote to them--- 2 times
1 - letter send Aug 2016
We can confirm that our client’s partner (Me) has lodged an appeal and is awaiting regarding the outcome of that.
We believe that an administrative review should be carried out in light of the appeal. It would be grossly unfair if you do not allow our client and her child to await the outcome of the appeal hearing before making a decision. The matters are entwined and the decision to deal with their matter without the outcome of (Main applicant) appeal would be premature.
Our client and her son have never fallen foul of the immigration rules and therefore we request that you allow the appeal process to conclude before making a decision regarding the above.

2 (letter send Sep 2017) after i revived a letter from Tribunal
We can confirm that our client’s had lodged an appeal and attended his appeal hearing on the 1st August 2017. We have now received a judgement dated 22nd August 2017
We believe that an administrative review should be carried out in relation to our client (wife) application in light of partner’s outcome at the appeal hearing. It would be grossly unfair if you do not allow our client to remain in the United Kingdom with her spouse and young child. The matters are entwined and our client should be allowed to remain with her family.
2 letter send to them with copy of my appeal allowed by Tribunal - 2017
Now i will apply for son MN1 - register my child as British citizen
i am seeking advise for my wife - should i apply again as fresh dependent.
what will happen from (july 2016 as her application was refused) not sure if she overstayed ,

[vinny]

Did you apply under Long Residence?
What did they apply for?
Did they make in-time applications?
Had their leave expired at the time of the refusal?

[Tarunji2]

Sorry for my late reply I was not able to logon.
I apply for long residency (10 yr route)

Applied for my wife PBS dependant and son.
Child application to registration of birth was successful and recived on 15 mar 2018.

My wife application was submitted with me in may 2016 before her visa expired.
As they rejected as my application was unsuccessful but I was given a right to appeal and she was not given right to appeal.
Now my child is British citizen and I have ILR
So I should write to them to consider or I should apply for FLR (M) ?
She stayed in Uk from Aug 2013 to May 2016 will that period be counted for 5 yr stay or that will not be considered?
Thanks Vinnie for your previous reply.

[vinny]

Unfortunately, she cannot apply for FLR(M) because she has overstayed for longer than 14 days. I think she may apply for FLR(FP) under the 10 year partner route?

[Tg18]

Can you pls share what happened to your wife's status? I am.in the same boat and very furious that HO forcefully making us overstayer.