Advice re appeal and FLP FP application

[new user 2016]

Dear All

I am looking for a bit of advice.

My husband is an overstayer. We have been married for 15 years. We put in an FLP FP application for him last year on the basis that he has a British spouse and I was pregnant at the time. It was refused but we were given an in country right of appeal.
We are currently waiting for a hearing date.
It has been 5 months. We have been told by the court that it will take 12 months to get a date.

Since then our son has been born. He's a British citizen by virtue of me being a BC.

My question is if we put in a new FLP FP application for my husband - will the appeal we currently are waiting for get dismissed?

We are worried that if we put a new application which again gets refused, we will again go on a waiting list for a hearing date on appeal which will reset the clock for waiting!

Ideally we would like to put a new application but still be on the waiting list for the hearing date. Is this even possible?

Thanks all for your time and advice in advance.

[Obie]

Section 3C is inapplicable to this case, as he never had leave when the refused application was lodged.

Therefore he is not precluded from making a new application , during an appeal.

[new user 2016]

Thank you for your quick reply Obie.

For a complete newbie, does that mean that he can put in a new application and he will still be on the waiting list for the appeal? Just don't want to put in a new application, only to be refused and re start the waiting for the hearing date.

Thank you