expired limited leave to remain

I helped a woman with a PIP application in December 2013. It was not accepted - ground given was she had ‘not been in UK for 2 out of last three years’.

I submitted a MR and gathered evidence of her time in GB, my argument has been accepted but my client’s LTR expired in Sept. She has reapplied but as she cannot provide evidence of it being extended - the DWP are unable to issue a form (PIP 2).

She is a single parent with severe and enduring poor mental health. In receipt of ESA, CB and CTC.

I’ve hot a brick wall with this - can anyone here offer any options?

Thanks

It can take a long time for an application to vary limited leave to be decided - I have dealt with a couple of cases where it took over three years.

However, pending a decision on the case the original leave is extended by s3C of the Immigration Act 1971, but only if the application to vary was made before the limited leave expired.  This happens by operation of law, it doesn’t require any grant or acknowledgement by the Home Office, so what’s required here is proof or persuasive evidence that the application to vary was submitted in time ... if it was.  If it wasn’t, she is a person who requires leave but does not have it and is therefore excluded from all benefits except the contribution-based ones.