3c Rights while reconsideration

[bala11]

I have been waiting for the full hearing at JR for the ILR Refusal under 322(5) general grounds for refusal,
Hope the hearing to go in our favour and receive ILR,
In the meantime, If HO wants to reconsider (Which may or may not happen), Will I receive the 3c rights during reconsideration or will I get 3c rights only after ILR approval.
My visa expired Mar 2016, And with JR as of now,
The reason I am asking is Me and my wife will qualify for 10 year LR if we are to receive 3c while re consideration

[CR001]

Your stay will only be considered legal if a) you win the JR or b) HO reconsider and grant ILR.

Any time spent waiting you are not covered by section 3C.

[zimba]

Your section 3C ended when you AR was refused and therefore your lawful stay clock for long residence stopped. Your only chance is if HO is proven to be wrong in the tribunal in which case your ILR will be issued anyway.

[bala11]

Thank you CR001 and Zimba for your valuable replies,

In recent times it appears that even after the successful full hearing in favour of the applicant, HO is reconsidering and producing similar refusal to the applicants,
Thats what concerns me, Let me wait and see

[monty87]

@bala11

You should be mindful not to let Homeoffice reconsider your decision by consent order and essentially produce the similar decision again. Its better to let the court promulgate the case and make conclusive findings which will possibly be in your favour as Homeoffice has already given in.
The homeoffice is then legally obliged to make new decision in light of court findings which should not be infected with unlawfulness of previous decision.

It also depends on case merit whether it's worth reconsideration via consent order or quashing order.

All the best.