Out of time Application

Hi

My husband got his ILR in October 2015. Then next day I applied for FLR(M). BUT the problem is at first my husband applied for FLR(O). Home office refused this application & gave us 28 days for new application & didn't give us in country appeal right & lose our 3C. I also applied for FLR (O) depent with him . At the day of 26th my husband applied for FLR ( FP) and I applied as a depent . Between this time frame his 10yr was complete and he applied for ILR & get this. After getting his visa he joined his previous job & submit all the documents to home office. After 4 months home office refuse my FLR (M) application & gave me in country appeal right. Home office gave two reason-
1. They said at the time of decision we both were not in job so maintenance criteria was not fulfilled which was wrong. Because home office gave decision in January 16 and my husband submit all documents in november 15 & return his previous job in November 15.
2. They also told me that I made an out of time application which means I am a overstayer in their view. But I don't understand how I can be a overstayer. I made all applications with my husband. My hearing date is next month.

Could anyone please suggest me what consequences will be happen? Any idea?

Thanks.
Akhi