Three Options to get visa extension for my family

[aliarmughan]

Hello
First of all,I would like to apologise if this question has been answered here on this board.I tried my best,but couldn't find the answer to my question.
My family has three options to extend their stay here in UK.I'm bit confused which option is best for them.Let me simplify my question with all three options:

Option-1 : Chances of success are 50/50
Option-2 : Chances of success are 75%
Option-3 : Chances of success are 100%

I know all of you will tell me to go for Option-3 as the chances of success are 100%. But, my family will loose the time they spent here if I choose Option-3 while if we are successful in getting the visa by applying under Options 1 & 2, then they will be able to include the time they spent here, which is about 8 years.As I mentioned that HO might refuse their extension if we apply under both Options 1&2.
My plan is to apply first using the Option-1 and if not successful then Option-2 and finally using Option-3 if both applications turned down by the HO.
Keeping the above facts in view, I just want to confirm that if HO refuse their first application without Right of appeal, then is it allowed to submit new application using Option-2 within 28 days of refusal and will it be a valid/in time application?

[CR001]

You need to say under what category you will be applying (for all of you) for ILR?

And also why you think the different answers have the % success you have quoted.

What are the visa categories and start and expiry dates for you and your family??

[aliarmughan]

You need to say under what category you will be applying (for all of you) for ILR?

And also why you think the different answers have the % success you have quoted.

What are the visa categories and start and expiry dates for you and your family??

Thank you for your reply.
Here are the options and chances of success due to circumstances:

Option-1: Wife and child is on 3 years DL due as we were separated. She can apply for the extension of her DL for another 3 years, but there are big changes in our circumstances and HO is aware about them as we started to live together and had been on holidays abroad together.So, chances of success are 50/50.

Option-2: She can apply using FLR(FP) as our child is more than 7 years and had been in the UK. So, in my opinion chances are 75%.

Option-3: Become my dependant. So the chances are 100% but their clock will reset and they will loose their time especially my wife.

[aliarmughan]

Sorry forgot to mention that I don't have a settled status yet and need more than a year to complete my legal stay of 10 years.
I went to a solicitor and she is on the opinion that my wife should apply for the extension of her 3 years Discretionary leave, no matter what her circumstances are now.
She was granted DL under Article 8 family life, but HO didn't mention any thing else on her approval letter that why she was granted this Discretionary leave.

[Obie]

I remember advising your wife on this board, and one could only hope that she gave detailed thought to our advise.

She is three years away from DLR, so it will be wholly unwise for her to continue again, giving the circumstances under which she acquired it.

[aliarmughan]

I remember advising your wife on this board, and one could only hope that she gave detailed thought to our advise.

She is three years away from DLR, so it will be wholly unwise for her to continue again, giving the circumstances under which she acquired it.

Thank you Obie for your reply and advise.
She will apply for the extension of her DL, but we are just worried that, if it's turned down by HO, then we have some other way also to get her visa. That's why we are worried about it. We went to 3 different solicitors and you know, every one has different opinion about the extension of her DL.
One of them simply said that it will be turned down straight away, Other said that it won't be a problem and third one said, it's our choice which route we want to apply.
I hope that you can understand the situation.As advised by you, we have made our mind to apply for her DL extension.
I'm not sure whether you work as a solicitor, but if you do, I would like to contact you for further advise regarding filing her application.

[Obie]

What region of the UK do you reside? I work in the legal field, but I am minded not to be seen as advertising myself on the forum.

I am unsure why they said your wife will not succeed. Perhaps they know more than I do.

My most major concern for your wife is whether you have addressed the issues surrounding your breakup.

She is close to ILR, and if she forfeits it and have to start the clock, it is got to be worth it.

[aliarmughan]

What region of the UK do you reside? I work in the legal field, but I am minded not to be seen as advertising myself on the forum.

I am unsure why they said your wife will not succeed. Perhaps they know more than I do.

My most major concern for your wife is whether you have addressed the issues surrounding your breakup.

She is close to ILR, and if she forfeits it and have to start the clock, it is got to be worth it.

Thank you Obie for your reply.

My wife has decided to apply for the extension of her Discretionary Leave for another 3 years, as those silly circumstances of our break up are still same as they were.
Could you please tell me that can we request HO to grant Indefinite Leave to children following the case SM,TM & JD and others vs SSHD(2013) as they will complete 3 years on Discretionary Leave and we are not sure whether it's applicable in our circumstances?
Any chance we can communicate privately as we want you to file the DL extension application.

[Obie]

You could send a Private message, as you have posted 10 posts.