First of all i hope i didn't post this in the wrong place.. as my problem has a little bit of everything it was hard to decide where to write the topic.
My fiance is indian, came here sept07 on a student visa. We met in august08 and we are a couple since then.
His visa expired in may09 but before that he applied for an extension (tier4). Today he received the refusal letter and the reason is 'unsufficient funds'. He had to have in his acc 2850 pounds and he only had 2550.
Anyways, 2 months ago we applied for the COA, with his passport still with HO, for his visa extension. We received the letter asking for affidaivits 1 week ago. We sent it, together with all the proof we had that this is a genuine relationship and now we are waiting for the final answer.
Now his visa extension was refused and he has 10 days to appeal. We dont think we have grounds to make the appeal. But if we dont do it then he has to leave after the 10 days, and we dont want that to happen.
My question is... what to do?
Waiting for the COA without making the appeal it will make him an overstayer, and again other problems in the future...
To make the appeal and again send his passport? What if the COA comes and we will need his passport to get married?
We both are very confused and scared.
What is the best way for him not to become an overstayer? Can he apply for the EEA2 residence card if his visa is already expired?
Please give us some advice, anything... we are running out of time
![Sad :(](./images/smilies/icon_sad.gif)
Thank you.