10 year Long Residentce ILR and 322(5)

[Manjeet007]

Respected friends,
I have complex issue, but i will put question first then put my history,
Q: Can my wife and child apply for 10 year long residency ILR ?
History:
Me, my wife and my child 2 years old, born outside UK/Europe Got tier1 general visa in ‘2011(2+3),’
We applied for ILR in 2016 on same bases,
Got refusal in 2018 cos of 322(5),
Applied AR , refused;
Applied JR intime in 2018,
HO sent letters to all of us separately to take JR back then HO
would reconsider my ILR Application and gave us immigration bail on basis of same conditions like we had in Tier 1 General visa,
We agreed and HO started reconsidering our ILR APPLICATION,
HO refused it again in 2020, with rite of appeal cos of balajigari cases,
We went to FTT. Appeal allowed in 2021, on basis of human rites,
HO challenged decision but got refused by FTT Judge,
HO challenged furthur 2022 and got allowed by UT Judge,
We went to UT hearing,
UT remits back to FTT describing flaws in accountant statement, 2023
Now we are waiting for FTT dates,
Since allegations on myself not on my dependents,
Can my wife and child applied for 10 year ILR on L R bases by withdrawing their her appeal from my case??
( I will keep fighting my case ),
Since they are in UK for more than 10 years with no absences at all,
Need guidance pls…..

[Manjeet007]

Dear All
Could yu pls assist me in my inquiry described above🫶🫶🫶🫶🫶
Thanks

[meself2]

I am not extremely familiar with SET(LR) rules, but according to the new rule changes, time on immigration bail doesn't count as continuous residence.
https://www.gov.uk/government/publicati ... -residence

Lawful residence does not include time spent on immigration bail (including time spent with temporary admission and temporary release).

[Manjeet007]

Dear Meself2,

Thanks alot for correction and directions,
Million dollar answers.