ILR / LOTR Advice, thoughts or experience pls

[wethepeople]

Hi,

I'm hoping somebody here can give me some input or thoughts...

Background:

Hubby (African)was originally over stayer, here since 2007.
Married me (British citizen) in 2011.
Our 1st child born 2012.I was diagnosed with multiple sclerosis in 2012.
Our 1stborn hospitlised 2 weeks after birth for major cardiac defects requiring imediate open heart surgery.
Submitted application for DL on basis of article 8 / family life
1st born had a 2nd open heart surgery at 6 months old.
30 month DL granted 2013. (On 10-year route)
I spend 6 weeks in hospital due to my MS whilst pregnant with 2nd.
2nd child born in 2014.
30 months FLR granted 2015.
At 4 years old 1st born has 3rd open heart surgery (he has half a heart)
My MS worsens significantly over next few years and in 2017 I spend 4 months in hospital.
Hubby starts full time radiography degree in 2017.

Application made for ILR based on compelling circumstances: He is my carer as i am not able to do very much and use wheel chair outside the house. Son has major heart defects. He gets no finance for uni, and due to fulltime hospital placement and being carer for me and kids he is unable to work also. Repeated applications stresses me out and makes my symptoms worse, and is causing him worry and stress which is impacting on all of us. We have no family close by to help us.
Life in UK & Knowledge of English Language completed and correct fee paid.

ILR refused due to not having completed 10-years stay (which we said in the application but we were asking for discretion to be used). 30 months FLR granted instead however told to pay 500 health surcharge.

We are asking for them to review the decision again as we don't feel they have even looked properly at the evidence.

Any thoughts or experience will be gratefully received!!

[secret.simon]

ILR generally does not have a discretionary element to it, nor is it normally granted Outside The Rules. If there are compassionate elements to the case, as in yours, the caseworker would issue an FLR(FP), as has happened in this case.

Is there any specific reason that you wanted your husband to have ILR specifically, as both DL and FLR(FP) give him the right to reside in the UK with your children and you?