Urgent answer please! Refuse Tier 4 dependant visa, baby born in Uk, wife granted a visa

[Meel]

Hi
Please can i have an answer on my immigration matter?

My situation it will be explained in short as below:

I was granted a EEA Family permit entry clearance 2 times as i was married with EU citizen, but before my second EEA family permit visa was going to expired I I applied as a dependant partner of my xxxxxx which it is my wife and she was holding a Tier 4 visa, (at that time my divorce was still processing but i was in relationship with xxxxxxxx and she was pregnant with me )
I did this application within UK because i went for a legal help to a solicitor and she advised me to do within UK to switch from EEA family permit visa to Dependant of Tier 4 Visa.

BUT, i got a visa refusal and due to the case worker error that didn't consider the bank statements properly we applied for an administrative review.
And until today i didnt have received the decision of administrative review.

On 31 december 2018 my wife's visa was going to expire so we applied for an extension visa , she granted her extension of tier 4 visa but on 28 december i received by post the second refusal of my visa as a dependant of her, this time they said that i was considered as overstayed because on 30 August they took a decision of administrative review.

BUT, i haven't received this decision at my home address, either i didn't received any email of them for my administrative review result.
Me and my wife were thinking that the administrative review was still due so when you do an fresh application (extension of tier 4 visa ) it mean that administrative review is withdrawn.
I asked my solicitor that if she received the decision of administrative review but she is saying to me that she didn't received nothing yet about my administrative review result.

So now i am in a situation that they consider me as a overstayed since 30 August and in their decision they saying that i am not allowed to switch from EEA family permit to dependant Tier 4 visa.
BUT, my solicitor that she has been in charge of my immigration matter that YES, you can switch but i don't see any good result in her saying.
In the decision letter, it says that i have the right to do another administrative review of this second decision.

Now i am married with my wife on 17 August 2018 and our baby boy born on 12 September 2018 here in UK.
My questions are :
It is any chance that we can challenge this decision?
It is switchable the EEA family permit visa to Dependent Tier 4 visa within UK ?
If we will apply now for administrative review, but the result will be negative again , do i have the right to apply for FLR FP form for human rights within UK , on the family basis because we are married and our child born here ?
If this it is not the right application that we can apply, is any another application that i can apply within UK to remain in the UK with my family (wife and baby )

My wife is a student and she will not have someone to look after our baby and i dont want to be seperated from
my family because she has 2 years and 8 months visa left

[CR001]

How did you marry in the UK if you were not divorced?? Was it an Islamic ceremony done in the UK?

[Meel]

Hi

I applied same time with my wife but Home office refuse my dependant partner of tier 4 visa application and my wife got the visa approval and we have a baby5 months now that is born in Uk and we got married in Uk when she was holding first tier 4 visa

i have the right for administrative review but is any article or rule ( outside the rules for human rights or family basis ) which can protect our rights to stay together as a family because my wife is a student and if i return back to my country she dont have someone to look after baby.
And of course i dont want to be seperated from my child and wife.

Do you know any form that can i apply because of this fact?
Please i am waiting for an answer as soon as possible because i have limited time left for my admin review

[Casa]

The reason for the refusal

[CR001]

Topics merged. Please do not spam the forum with multiple duplicate topics.

[CR001]

The reason for the refusal

See original now merged post.

[sah10406]

It is switchable the EEA family permit visa to Dependent Tier 4 visa within UK ?

Yes, as you were advised by your solicitor.

It seems the first application was refused on maintenance (which you say was an error), and the second application was refused because you were an overstayer (which you say was also an error).

You already have a solicitor who can advise on these possible errors and your future options. I don't really understand why you are not speaking to them about this.

[Meel]

Sorry for duplicate my post by mistake
I thought the first one wasnt posted because i am new in this website.
i got divorced with first wife and after we married with my actual wife here in uk and after this our baby born here as well



I asked home office and many other solicitors and said that it isnt switchable from eea to tier 4 so my first solicitor she gave me wrong advise
Now i can appeal through administrative review to correct the overstayed status by mistake but i dont have how to correct the fact that i applied within uk to switch from eea to tier 4 .
thats why i am looking for any regulation that can be outside the rules or expectations because we now we are married and we have our baby that i cant imagine to be seperated from him
my wife still has visa for 2 years and half for studies so with who to leave our baby to look after
and to cancel the visa to go everyone of three of us back to albania isnt a solution because she has visa right to stay in uk

[sah10406]

i am looking for any regulation that can be outside the rules or expectations because we now we are married and we have our baby that i cant imagine to be seperated from him
my wife still has visa for 2 years and half for studies so with who to leave our baby to look after
and to cancel the visa to go everyone of three of us back to albania isnt a solution because she has visa right to stay in uk

You need one-to-one immigration advice from a professional who can look at all your options from every angle.