My JR Decision Pending, Can Rest of the Family Apply on the basis of 7 Years Child? and How?

[zolo]

Hi All,
I hope you will guide us in this situation.
We are a family of four, Me, My Wife and two children! Eldest son just turned 7 and the younger is 5 years old. Both children born in UK, living in UK and never travelled abroad.

I (and my wife as my dependent) applied for ILR on the basis of 5 Years on Tier 2 (General) but application refused. I launched Judicial Review in the upper tribunal, final hearing was in February 2019 but the court has not released the decision yet.... still waiting for the decision.

Now, while I am waiting for the court decision, Is it possible that my wife and two children apply on the basis of 7 years old child? I am not sure, that how it will work?

1. Should only my 7 years old apply first (on the basis of 7 years old child) and once the application get approved then my Wife and younger son can also apply? What Applications needs to be submitted?

2. Or should all of them (Wife & Two Kids) can apply altogether on the basis of 7 Years child? What Application needs to be submitted?

3. Will this sort of application in HO can affect my case in the court or vice versa?

Many Thanks in advance.
Best Regards

[hina_pirzada]

Can u give members ur full immigration history. Also why ur ILR application was refused. It is important to know before suggest you further

[zolo]

Hi,
Thanks for prompt response. Here is the immigration history (a bit of life journey).

Sep 2006 : First UK entry on tier4 as student.
Jan 2010 : Left UK, as my application for further leave to remain for further study (as PhD Student) refused because of more than 6 month gap in starting new course.
Oct 2010 : Second UK entry on Post Study Work visa.
Apr 2011 : Wife came to UK as my dependent.
Sep 2012 : First Child born
Dec 2012 : Got Tier2 (General Visa) for 3 Years - with an A-Rated sponsor.
Jan 2015 : Tier 2 (General) Extension for further 2 years - with the same A-Rated sponsor.
Sep 2015 : Second Child born.
Nov 2017 : Applied for ILR on the basis of 5 years on Teir2 (General).
Jan 2018 : Application refused because sponsor licence was expired.
Jan 2018 : Same sponsor got a new A-Rated sponsor licence.
Feb 2018 : Put a fresh application for ILR on the basis of 5 years on Teir2 (General).
May 2018 : Again refused, as it was not SAME but the NEW sponsor licence.
(After Admin Review, PAP etc proceeded to Upper Tribunal for Judicial Review)
Feb 2019 : Final Hearing in the upper tribunal & still waiting for the outcome.

Hope it help you to suggest better.
Regards

[zolo]

Hi All,
Any Suggestions?

Regards