Judicial review refused! Success for a oral hearing?

[Nyke]

Came in to uk 2001, my mum & 2 sisters are British citizen, I'm almost 14years here. I'm the oldest & eldest. I have 2 kids 8years+ & 18months old, applied on 7 year rule with my children refused by Home office, seek judicial review, permission refused...looking to seek oral hearing in upper tribunal. But reason FOR refusal year was typed wrong by judge (it states 2011) As a single mother, I need help! I don't think I can afford a barrister to represent me even if I get help with court fees which is £350. Should I put in a fresh application or fight this out? Any advice will do...thanks.

[kofi75]

could you give a bit of details of your case.The reasons for the refusal.
without this info it ll be hard to advise.

[Nyke]

Thanks Kofi75 for ur reply...
I applied first in 2002 as a student - refused.
Applied for reconsideration - maintained.
Applied as a EEA spouse 2003- lawyer appled for ILR instead of 5 years (solicitor error) - refused.
Had right of appeal - applied but lost - reason out of time.
Waited few years, applied 2008, had my daughter 2006, applied human rights ground - refused as father has no ILR or other leave to remain - reason (she hasn't integrated in the system in uk as she is young & can return to homeland.
Then applied again 2012 on 7 year rule, she was 6yrs + - refused. Reason she wasn't 7years at time of application.
Waited when she was 7 years 7months- applied again in 2014 with her brother who was only 5months on 7years rule - refused. Reason (HO said I haven't provided any reasonable reason for not been able to return to my country with my kids.
Applied for JR , judge refused permission, reason (I came in 2011 and overstayed and he is aware I have 2 kids born here, respondent entitled to refuse application as I was an overstayer with no basis of stay in the UK. And it won't interfere with the children's rights if they will be removed as a family (I'm a sole parent remember? )
THE JUDGE MENTIONED 2011 in the letter which I find very significant cos I didn't enter UK in 2011, I entered as a visitor in 2001 as as been here ever since. Could this just be a typo error???
Now my daughter will be 9years in 4months, I know she will be entitled to be registered as a British citizen when she is 10years old.
What are my chances when she is 10years, will I be entitled to any kind of stay?
Should I continue on the JR and fight it or wait till she is almost 10years then apply again?

Any strong advice will help, I just joined and as can see from the history above, I DO HAVE A BIT OF HISTORY WITH THEM. I'm really fed up and don't know where or how to turn. My mum and 2 sisters are citizens!!! No criminal record, never been arrested and have been driving since 2008, no motor convictions....Thank you.

[kofi75]

It seems you have a bit of history with them.It really counts as they consider that as well as an adverse immigration history.
The 7 year rule is not strong as before because of the requirement to prove there ll be unsurmountable reasons why you cant relocate.
I believe it is dependent on individual circumstances.Some Judges are lenient and others are strict.If he based his refusal just by reason of your overstaying is not right as the EX1 is for overstayers eventhough it is nt a stand-alone requirement.You still have to fulfil the requirement under the Appendix FM.
On registration of your child as British citizen when he is 10 years,I will say it ll make your case very stronger and you ll qualify under the 10 year route as a parent of a British citizen child living in the UK.
Judicial review to me now will be 50-50.It could be renewed at an oral hearing which ll be granted but doesnt mean it ll succeed in full hearing.It is a risk you ll have to take or request for removal direction in your Pre-action protocol which will grant you a right of appeal if approved by the UKBA.

[Nyke]

Thanks for ur reply Kofi75.
The judge mentioned in the letter respondent don't have to issue removal directions...
What is the difference btw oral and full hearing?
If UKBA do appeal against the decision when successful which might take a year and a few months to reach a conclusion then she is 10, apply for her registration?
Either way...or a fresh application which takes only about 3 months max now to get a decision.
Or just wait, 1year and 4months?
I'm confused...
What type of resident visa will I be entitled to as a parent of a British citizen under the 10year route?
Could I have a link or website for Home office current up to date rules.....the current one takes me to GOV.UK website...
Many thanks..

[kofi75]

Renewed oral hearing is going before the judge to argue your
case as to why your JR should be allowed to proceed.If the judge allows it then the JR is listed for a hearing.A home office policy allows you to request for a removal direction if your case involves a child above 3Yrs.That should be done through your PAP.
On the 10 yr parent route,you ll be issued with 2.5 years and renewed till you gain 10 Yrs continuour residence
If you didn't request the removal direction in the PAP, they ll not issue it.