Judicial Review: Any useful opinions please? Help.

[Tkmaxx]

I am a non EEA national and arrived the UK on a student visa. Later I was granted EEA family permit for 5 years. After uni, I secured a job on the shortage occupation list and applied for ILR outside immigration rules. My application was refused with no right of appeal because UKBA suggested that since I was employed it looked like I was no longer an EEA family dependent but yet my stay did not prohibit work.

Even more bizarre was how confusing the decision letter was; as it said that "though my EEA card had expired, my right to reside in the UK had Not and Not also dependent on my expired permit. It doesn't say who or what my stay depended upon! It then went on with the confusion to say that I did not have to leave the country" So in order to continue working, I applied for a Tier-2 work permit since I was not required to leave the UK. Though I was awarded all the points but my application this time failed on grounds that it was out of time. But UKBA sent the COS to my employers when offices were closed for Christmas and so it could not be retrieved until work resumed.

My solicitors sent a PAP letter but no response from UKBA. Then They put in a JR, Tsols acknowledged receipt of the case bundle and requested two 21day extensions to file AOS. On expiry of the last date, they still have not filed but wrote to say that UKBA was yet to instruct them on the case and that they will not seek another extension since there was no specific reason for the delay from UKBA. 3 weeks have now passed and my solicitor is considering contacting Tsols to negotiate and see if UKBA is prepared to reconsider either decision for out-of-court settlement to avoid stretching the case and wasting resources. If not, how long will it take the Upper Tribunal to act?