Can dependents included in Judicial review apply for tier - 2

[CR001]

To be more clear we’re given a chance for oral hearing under ‘ Application to reconsider Permission rule 30 (4)

Accidentally deleted a detailed post by the OP.

ILR was refused in 2021, subsequent AR was refused. No new application was submitted after AR, instead solicitor did a PAP and then JR, which was also refused. This is what is being appealed now.

Visas expired a long time ago as stated by OP

[Geetha111]

Yeah you’re right CR001

[Geetha111]

Do you think it’s a good idea to apply tier - 2 atm ?

Or

Apply from home country ?

[Geetha111]

Small correction ILR refused in September 2022

[Frontier Mole]

Has your husband received any paperwork stating the intention to remove him and your family? Are you or him subject to immigration bail? Are you reporting to the Home Office on a regular basis? If the answer is no to all these questions and if you are willing to risk the loss of your skilled worker visa fee I would be inclined to apply. I would only apply for yourself at this point.

What is the worst that can happen - you get refused. If it is granted then that opens a whole new immigration route for you and your family to remain.

Is this a good idea - probably not, is there a high chance of success - again at best 50/50, is it a cheaper option that the whole JR experience- very much so. So it is a gamble - your choice.

[Geetha111]

Hi Frontier, you exactly kind of guessed our situation. We haven’t received any kind of paperwork from home office nor reporting them either.

As you said we may lose visa fee but if we get it we will be out of this mess.

Many many thanks for the reply

[vinny]

To be more clear we’re given a chance for oral hearing under ‘ Application to reconsider Permission rule 30 (4)

Accidentally deleted a detailed post by the OP.

ILR was refused in 2021, subsequent AR was refused. No new application was submitted after AR, instead solicitor did a PAP and then JR, which was also refused. This is what is being appealed now.

Visas expired a long time ago as stated by OP

If leave has expired, then any pre-existing Section 3C leave may have lapsed since the AR refusal. Unfortunately, a JR does not extend Section 3C leave, unless it nullifies the refusal. However,

An appeal that is lodged out of time but that the tribunal nevertheless agrees to hear can resurrect section 3C leave: see Akinola v Upper Tribunal [2021] EWCA Civ 1308.

But then Section 3C itself may also prevent a new application?

Once a decision has been made, though, any attempt to vary their application (i.e. lodge a new application) while they still have section 3C leave will be void.

It’s a complex issue.

[Geetha111]

We haven’t lodged appeal or anything out of time

[JB007]

Are you aware that your baby is only entitled to free NHS care for the first three months, thereafter you are liable to pay at 150% of cost?

Did you read this?

Are you up to date with paying your and your babies NHS bills?

[JB007]

Are you aware that your baby is only entitled to free NHS care for the first three months, thereafter you are liable to pay at 150% of cost?

Did you read this?

Are you up to date with paying your and your babies NHS bills?

I should add that the baby is only covered for 3 months of free NHS if the mother had valid leave when she gave birth (could use the NHS without charge as she had a valid IHS).

[JB007]

I should add that the baby is only covered for 3 months of free NHS if the mother had valid leave when she gave birth (could use the NHS without charge as she had a valid IHS).

5.8
An individual who pays the health surcharge is only entitled to free treatment on the
same basis as an ordinary resident (but excluding assisted conception services)
once their application for a visa has been granted, and not from the date when the
health surcharge is paid. The exemption from charges for relevant services applies
to the period of leave to enter or remain in the UK granted to the person. Once that leave expires or is curtailed, the person becomes liable for charges from then on, including where the person is part-way through a course of treatment unless an exemption in the charging regulations applies


5.17
A child born to a person who is exempt from charges under Regulation 10 or 11 will
also be exempt from charges while they are aged three months or younger provided
that the child has not left the UK since birth.


12.11
NHS bodies (or debt collection agencies working on their behalf) can share non-
clinical data with the Home Office, via the Department of Health and Social Care, on
chargeable patients, providing they meet set criteria, with a view to better collect
debts owed. The Home Office can then use that data to deny any future immigration
application to enter or remain in the UK that the person with the debt might make.

https://assets.publishing.service.gov.u ... update.pdf

[Geetha111]

What happens if the decision has been overturned and we get ILR ?

What ever we pay or lost in earnings will the home office will cover ?

[Geetha111]

Hi All, just wanted to update we got the oral hearing in sep ending. Will update you the result once done.

Many thanks to all who took time to respond my queries.