tier4 refused, coa still under process. Please help!

[alinna]

Hi..

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 (
Thank you.

[Rozen]

Can he apply for the EEA2 residence card if his visa is already expired?

Are you an EU national? (Excepting Brits who have returned to UK under Surinder Singh) If so, I guess it would be possible.

[alinna]

I'm from EU, came here jan 08, exercising my treaty rights.
Is it really possible even if his visa has expired already?

And if he applies for EEA2 just to avoid being an overstayer, isnt it easier to just appeal even if without grounds, just to gain more time to wait for the COA?
I don't even know if we can marry even if we are granted the certificate, if his visa has already expired..

Thnx..

[alinna]

If we are lucky and the COA will come in time, after marriage is it possible for him to apply for his 5 yrs residency card (me being from EU) from inside UK with his current visa expired?
And if not, if both of us travel to his country, can he apply from there for his fiance/spouse visa and then travel back with me?

[Rozen]

If we are lucky and the COA will come in time, after marriage is it possible for him to apply for his 5 yrs residency card (me being from EU) from inside UK with his current visa expired?
And if not, if both of us travel to his country, can he apply from there for his fiance/spouse visa and then travel back with me?

Yes. Once you marry, he automatically becomes your family member, and has a right to be in the UK with you (regardless of overstay). He can apply for a 5 year RC on form EEA2 from within the UK straight away! He will no longer be an overstayer, but a Family Member of an EU national.
If at all you were to travel to his home country, the application would be for an EEA Family Permit from the British Consulate over there. This should be issued quickly, and is free of charge.

[alinna]

Yes. Once you marry, he automatically becomes your family member, and has a right to be in the UK with you (regardless of overstay). He can apply for a 5 year RC on form EEA2 from within the UK straight away! He will no longer be an overstayer, but a Family Member of an EU national.
If at all you were to travel to his home country, the application would be for an EEA Family Permit from the British Consulate over there. This should be issued quickly, and is free of charge.

Thank you so much!
You made my day!!!. Now i'm just hoping for the COA...

All the best!

[wl786]

heloo

You don’t need to be worry contact with solicitor for student extension Visa, and If he is studding properly so hope solicitor can do it.
And then send the court decision to home office with your reference No…
Hope it be the best and easy way to avoid the tension.

Thanks

[alinna]

heloo

You don’t need to be worry contact with solicitor for student extension Visa, and If he is studding properly so hope solicitor can do it.
And then send the court decision to home office with your reference No…
Hope it be the best and easy way to avoid the tension.

Thanks

We have decided to appeal just to gain some more time and meantime wait for the COA.
We are also considering marriage in the anglican church. We have a meeting with our vicar tomorrow morning.

If nothing works out after all then our last option is to go back to India, get married and then apply for his family permit from there.

Any ideas in how long this procedure might take (applying for a EEA family permit from India) and if there are chances to get a refuse?

Thanks again.

[Rozen]

We have decided to appeal just to gain some more time and meantime wait for the COA.
We are also considering marriage in the anglican church. We have a meeting with our vicar tomorrow morning.

Any ideas in how long this procedure might take (applying for a EEA family permit from India) and if there are chances to get a refuse?

Thanks again.

On what grounds are you appealing? You said before that you didn't think you had grounds for appeal! Do you now have enough funds in your account to support the student visa extension application? If so, and that was the only reason you were refused, you should be good to go. Seems straightforward enough case, and I hope you're not spending even more money on solicitors!

[alinna]

On what grounds are you appealing? You said before that you didn't think you had grounds for appeal! Do you now have enough funds in your account to support the student visa extension application? If so, and that was the only reason you were refused, you should be good to go. Seems straightforward enough case, and I hope you're not spending even more money on solicitors!

Hey..

those funds are gone now. we are making the appeal because before his application, the college told him how much money he has to have in his account for HO.
So it's not his mistake, its the school's mistake.

We could make a fresh application or transfer money in his account and appeal like that, but no point. I mean his visa extension was just because we didnt want him to go home. Now we decided to marry so we dont actually care about the visa result anymore. Cuz even if we marry here or in India, we dont want him to continue as a student.

With the appeal we're just trying to avoid him becoming an overstayer, until we get the COA.

I don't know if what we are doing is right, but we cannot see other solution for this.. We're just hoping to sort it out as soon as possible and get married. Living apart from each other is not an option i'm afraid.

Thanks for all your help.