Thank you Jim and Breeze for taking time to reply to me.. I really appreciate it. Here are some details: ( sorry for the long post)
1. My husband came to the UK in July 1999 to seek asylum. He never got any response from HO.
2. We met in 2001 when I was on au-pair visa
3. I have left the country in 2003 when my visa expired.
4. After my departure, he involved local MP who managed to get an answer from HO for the first time. This was at the end of 2003 when Iraq was "free" of Sadam
5. They have refused his application on grounds that he can relocate back to Iraq
6. He applied against this decision and went to the court with his barister. We have found out later that he was a trainee who arrived late and didn't know the case at all
HO gave him Discretionary Leave to remain for three years starting Feb 2004.
7. I have returned to the UK in November 2004 after Czech joined the EU. We have both taken on full time jobs since. I have applied for my residency card after I completed one year with my employer.
8. We got married in October 2005 after successfull application from HO
9. His ELR expired in Feb 2007 and our solicitor advised to apply for ILR.
10. He received letter in two months time saying that HO is dealing with 450000 cases and will get back to him before 2011.
I have done some research and thought that applying EEA family permit would be a good option. However, I have only been in the UK for 3 years and will need to complete another 2 years before I can apply for ILR. Our solicitor advised that this is a very long time and that my husband should wait for HO decision with regards to his ILR application. However, the solicitor called him last week saying that he should take a legal action against HO for abanding his case and loosing out on more favourable decision that applied to him when he asked for asylum. My husband wants to go ahead but I think that the solicitor just wants our money and it will take ages and the result is unsure..
I think I covered it all
Can you please advise?
many many thanks, Petra