Reconsideration waiting time and JR

[ctrlshft]

Dear Moderators,
I need urgent advice please. We applied as a family unit under Tier 2 VISA in September 2014 but the VISA got refused due to revocation of Tier 2 Sponsorship during the application procedure and we received refusal with appeal rights in April 2015 and we appealed. The appeal was allowed and we were given 60 days to find a new COS (letter dated 28 October 2015). The 60 day period ended on or after 27 December 2015 but luckily within this time frame I was eligible for ILR (10 year period) as the 28 day grace period covered my remaining time from 27 December till 26 January 2016. I made the ILR application and was granted in April 2016. On 22 January 2016, I filed FLR(O) application for my wife and child as initially I wanted to apply for FLR(M) but since the passports had been with the Home Office since September 2014, my wife couldn't do English Test and she has no other forms of ID's and hence couldn't fit in FLR(M) and I wasn't settled then, I also wasn't eligible for FLR(FP) as there was no such category I filled in my family members. I did my LIUK test through my Drivers Licence and I got the Masters Degree. I also wrote a cover letter to the Home Office to hold the decision until my ILR is granted and I believe they held it. Under FLR(O), we paid £200 each (£400 total for two applicants) as IHS (immigration health surcharge fees) and on the 27 April 2016, this is the time, my ILR was granted, we were asked to pay £600 more IHS fees and I knew that my ILR was granted and that FLR(O) was transferred to either FLR(M) or FLR(FP).
But on 27 July 2016, I received a refusal application from the home office for the FLR application I submitted for my wife and child with out of country appeal rights and has enforcement instructions unless I provide good reasons to stay in the UK. It also says that the human rights claim has been refused and the case is clearly unfounded.
Reasons the case worker noted:
1) Applied out of time which is more than 28 days from the last expiry of the VISA
2) Provided earnings that were obtained when my wife wasn't supposed to be working. (This is conflicting as we provided payslips and letters of earnings until the 25th of December 2015, which is still the valid leave to remain as per the temporary grant we obtained through the 60 day letter.
3) English Test: This is obvious as they didn't send the original passport which I requested for English Test and Passport is the only form of her ID (Since Sep 2014 the HO are holding the passport)
We also provided some letters about our child who has Autism and the HO didn't make any consideration on this regard.
Summary timeline: My entry to UK 20 Jan 2006.
Married in Dec 2007.
My wife came in the UK on 27 Dec 2007. We have been married and living together ever since with no offence in immigration.
Our child was born in UK in 2012.
I believe there has been a blunder error from the caseworker and I can see he didn't calculate the dates properly and refused without seeing the material evidence. Shortly after I received the refusal letter I applied for admin review which got rejected due to being invalid and now we have 14 days until 11 Sep 2016 to tell them good reason or make a fresh application if the circumstances have changed. Now when they have already labelled my wife and kid overstayer, how can I make any FLR application?
Solicitor advised for Judicial Review and apply Form MN1 for child asap but what are the chances of winning? Will I get naturalisation for my kid? And can I apply FLR(FP) for my wife again?
I wrote a letter of reconsideration to the caseworker but he didn't bother to reply me at all.
Guys, your advice ir really helpful to me and much appreciated for any kind of suggestions you may make.
Regards

[noajthan]

Minors are registered not naturalised.

Child has entitlement to register as soon as one parent is settled.

[ctrlshft]

@noajthan: Thank you for your reply. So which form do I have to use to register the child? Are there any other ways that we can challenge the decision? I had been advised that JR is the only way to challenge the decision when there is an unlawful decision made. I also wanted to write a Pre-Action Protocol letter but they wouldn't accept it when there is case where the applicants are subject to removal. I am in a great dilemma what to do.
Thanks and looking forward to hearing again soon.
Regards

[vinny]

So which form do I have to use to register the child?

MN1.

[ctrlshft]

Thats great guys but the HO are holding the birth certificates and the passport of the child but I think I can still order birth certificates online with priority service. But any ideas what to do with the refusal decision?
Best Regards

[Obie]

MN 1 can be done even if the birth certificate is with them.

JuSt state in the application or cover letter, that it is with them.

I think her claim should not have been certified. It appears unlawful. How old are the kids?

[ctrlshft]

Thank you very much. The child was born in May 2012. He is now 4 years 3 months. It's very evident that the caseworker made an error in calculating the dates. Even my time was covered by 28 days of grace period. But the caseworker didn't consider such time period. And her decision was made after my ILR was granted.
Much appreciated.
Regards

[ctrlshft]

guys any idea what I can do. I am so terrified so my wife is. In the worst case my wife refused to take my son and yes she is right as she wants the best for our son. Please give me some ideas
Thanks

[ctrlshft]

Hi Guys,
I also applied for FLR(M) application for my wife in time but the caseworker refused the visa stating that we made out of time application and there was out of country appeal with removal instructions. I went through the immigration rules and there was no such error from our side. I wrote a letter for reconsideration but got no reply and I made a PAP application. I received the response from PAP team that there was an error and the application will be reconsidered and it also says that we need to be patient for further response from the caseworking unit. Its been almost a month and the JR Claim time will be running out soon and we haven't heard back from the Home Office what they are doing with the application. I rang the UKVI customer service, they said the application is pending where they used to say that the application is refused and you must leave the UK immediately and make appropriate application to come back in the UK.
Now the worry is about the work. I believe that my wife is still under Section 3c and she can work but the Home Office sent the employer a letter saying that her visa was refused and they should validate this information but this was sent soon after the original refusal letter. It sucks guys as the Home Office now won't send the employer a letter saying that they are reconsidering her application and she will be under section 3c and can work until the final decision is made.
It is just a waiting game now.
All the best guys

[Obie]

You need to challenge that.

Otherwise they will allow their mistake to affect her future.

You need to receive assurance that the previous decision has been rescinded, and that a new decision will be remade, such that section 3C continues.

[dilse4srk]

Hi ctrlshft

can you please update as to what happend to your reconsideration. I am in same situation where ho made a mistake and when we sent them pre action protol . The faxed me saying we are going to reconsider your case. They sent me fax on 3rd oct and i am still waiting. Moreover i have my signing on next week.So scared as to what will happend on the day. Am i going to detained even if ho is reconsidering my case