Looking for advice for my husband

[Natlow]

Hi. I'm looking for some information. Im not used to posting in forums etc so i apologise if im posting in the wrong area etc.

My husband has been in the UK since 2001. He was refused asylum more or less straight away. He madr another application. He submitted further applications in 2009. We were informed he was a legacy case and he had to sign at the local centre. We have children together and didnt hear anything for years. In 2014 we got a solicitor and he was granted limited leave for 2 years. This ran out last year and we were advised to make aan application for family life (10yrs). We have just recieves a letter asking for more evidence so looks like its being looked at at the moment. My question is he was a legacy case and at the time, most people in that situationgot ILR or were removed from the UK. Why now does he have to start a 10 yr route? He could have made that application back in 2010. It seems very unfair?
Any help much appreciated.
Thank you In advance.