IAFT-3 Overseas-Non-Entry appeal HELP! (EEA2 refusal)

[fatefull]

My student visa ended on 24 June 2012. On 19 June I got married in UK to a EEA national. On 9 August 2012 my EEA2 application has been submitted. It was refused in February this year, with a right to appeal. We didn’t appeal, because the reason for refusal was the lack of evidence, so we proceeded with making another application. My spouse’s work circumstances then changed and we are no longer planning to be settled in the UK. I wrote a letter to Liverpool requesting my passport for departure that was kept after they have refused my application. There was no reply. I then contacted one of ICE branches in London, and my passport was sent to their office. When I came to collect it, I was told that it will be delivered to the airport once I get there. This is when I was told by immigration officer that I’ve been given an overstayer status. It appears that UKBA decided that since my student leave has expired and because my EEA2 application was refused, I’ve been overstaying.
What they’re basically saying is that I didn’t have a leave to remain in UK after my student visa have expired. Doesn’t it clearly state though, even so on UKBA website (http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/) that ‘You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.’ And, that being a family member of EEA national exercising their treaty rights gives you the right to stay in the UK.

If anyone can help me with specific laws and acts I can refer to in my appeal? European law, in particular. I couldn’t find a solicitor I can afford, and am making an appeal myself. I was given IAFT-3 form.

I would very much appreciate help from somebody familiar with this material, not necessarily a solicitor, or perhaps someone who went through the same situation. I only have 28 days to appeal, so it’s quite urgent. I will give you more details, and would thank you if you take your time to help me go through with this immigration situation. I know the decision wasn’t right, but I need to prove it. Please, help.

Because if appeal won’t be successful I am denied entry in the UK for 12 months. I have no plans to settle there right now, but my friend’s wedding is in December, and I will need to be able to visit for a week.

[confusedinpakistan]

It is often not possible to decide an application for an extension of leave until after the
period of leave has expired. To prevent applicants from becoming overstayers
through no fault of their own, section 118 of the Nationality, Immigration and Asylum
Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section
3C automatically extends the leave of a person who has made an application for
further leave to remain during a period of extant leave. Technically, the leave is
"treated as continuing".
To benefit, a person must have existing leave to enter or remain at the time when
their valid application is made. Section 3C then prevents such an applicant becoming
an overstayer during the period in which their application for a variation of leave
remains undecided and, thereafter, while an appeal against any refusal could be
brought or is pending.
To prevent people becoming overstayers while exercising a right of appeal against a
decision to curtail or to revoke leave to enter or remain, section 11 of the
Immigration, Asylum and Nationality Act 2006 added a section 3D to the Immigration
Act 1971. When leave to enter or remain is curtailed or revoked, section 3D extends
it while an appeal could be brought or is pending.

Source: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Obie]

All you will need to establish is that the EEA national was indeed a qualified person during the time they refused the application.

If you can establish that. There is a strong possibilty of a successful challenge.

[fatefull]

Source: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Gosh, this just proves how bad I am at this... Still confused. Would you mind to expand on how it helps or doesn't with my case outside of legal terminology?

[fatefull]

All you will need to establish is that the EEA national was indeed a qualified person during the time they refused the application.

If you can establish that. There is a strong possibilty of a successful challenge.

From what I understood their concern was the time period from becoming a EEA family member to the submission of my application, meaning I should have submitted application before my student leave would have expired. But that can't be right, because it was established that my spouse was a student in UK at the time of marriage and submission of EEA2 form=I had a right to be in UK.