I came to UK legally in 2004 with my son who was 12 I met

I came to UK  in 2004 with my son who was 12 and applied for Asylum. Home Office lost most of my original documents. After the court I got refusal.

I met my present wife in 2005 and we lived as unmarried partners . We got an approval for marriage and married in 2010. We applied for EEA as she is a British resident from EU. As my passport had expired, to get a new one I had to go to my country but without the ILRI couldn't do it. I had IRC card issued from Home office. I was refused to proceess my EEA application. The reason was that I didn't provide my ID. They made mistake by not recognizing the ID which had been issued my Home Office which is IRC. I got the refusal without the rights to appeal. My son appealed to the Tribunal and won the case. My solicitor explained to me that I will be automatically included in that case but it's not happened and only my son has received the approval. My solicitor had to apply again. It was this February and we are still waiting for their respond. I have asked my solicitor what is the period of waiting and he gave me an answer- '' You don't have any fixed time as you don't have a Passport''

My question are 1. What can be done in my situation?