i got my indefinite leave to remain on the basis of long term residency(10 years) but my wife is in this country as my dependent for last 8 year so she didnt qualify for that so she applied two months later on 12/11/10 and her visas expired on 19/11/10.
though my children were born and brought up in this country (d.o.b:29/11/2003 and 18/10/2006) but i didnt apply their extension of visa or ILR inpendently (which iwas not advised by OISC ) and apply their extension of stay as dependent to my wife.
she required to submit academic qualification comparision by naric or should take test of english if she applied on or after 29/11/10.
Due to certain reasons application filed on 12/10/10(my wife as dependendent on me and my children on my wife) was never processed and we got answer (no refusal and no approval),instead we were asked to reapply the new form on 3rd februry for extension of stay of my wife.and children dependent on my wife.
But visa of my wife and my children dependents on her is refused on ground of overstay and academic qualification but i am not happy with the decision as we were asked to reapply (due to fees change and english language test)after expiry of visa and recommendation of comparision of academic qualification is wrong and incompitent(we have evidence from university letter stating that bachelor dgree was taught in english)
question:1) can still my children apply independently as my dependent(extension or ILR)?
2) do they have human right to live with their dad (as they are here)?
3) can my wife ask for review of her application(thought we didnt get chance for appeal) as her application decision taken is unfair and can go to tribunal on basis of human rights ground of family law and unfair decision due ti incompetency of comparision of third governing body.