Spouse visa

[Afiya]

Hello, i have a very unfortunate case and im confused how to proceed now.
I came to the UK on 28 oct 2010 as a dependent of my husband of my husband who at that time was here on a visa of Point based system, my visa expired on 14th april 2012, i applied for an extention FLRM in time on 4th april 2012 and also for visa for my 1 yearvold son at that time and recieved their acknowledgement of recieving the application in April. On 5th May however they wrote to us saying there was a problem with the payment so our application was invalid and we needed tp make a fresg application with the new and increased fees. We did that the very next day and in June we recieved another letter saying one part of payment went through and the one for my son dod not. The bank details we provided were absolutely correct it was a fault on their part, anyway they wrote to make another application which we did in June after that they took a year to process that application and responded in march 2013 with a refusal saying we had overstayed the first time we were sent the application back. We applied for judicial review refering to Basinet case. Meanwhile my son got his British nationality that we applied for as my husband has an ILR and son was born in UK. Just two days ago was our hearing and the judgr sympathised with us understood we had made right payments and homeoffice was at fault BUT he said there is a rule that we should have applied for judicial review within 3 months after the first application was returned to us, even though he admitted home office letter was misleading when they said to apply with a fresh application. So this judicial revoew was too late and so had to be refused.
Now the problem is i am looking at 10 yr route for ILR due to the stamp of overstayer of i apply from here but the home office barrister has confirmed i'll get the visa if i apply from here on the grounds that i have a toddler who is a british national, as he'll put it in the notes. So that is one optipn.
The second is if i go back to Pakistan and apply fresh from there for entry clearance in which case i'll get ILR after 5 years. But im confused which option to opt for as if i don't get the visa from Pakistan there's a much bigger risk. I have no idea how strong my case is if i apply from Pakistan. Please advise me which way to go.

[Amber]

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