DLR extension refused and need help to find solution

[mjaworsk]

Hi all
I am a 27 year old polish lady and my fiance is a 31 year old male from zimbabwe. He first came to the UK in 2005 on a 3 year student visa and then overstayed.
At some point in time (exact date unknown) he lost a folder containing his birth certificate, national ID and passport. He was in a relationship with a lady, who then mothered a child by him.
In 2011, my fiance was granted Discretionary Leave To Remain after an appeal for a failed Assylum application by the courts (immigration tribunal ???) on account of his estranged daughter, born in January 2011, in Italy, whose mother is italian and now live in italy.
I met my fiance in december 2012 and have been living together since may 2013.
In 2014, a month before the DLR was due to expire, He applied for an extension which was denied by Home Office in 2015. An option to appeal was set in the paperwork but due to the very confusing nature of the language he simply responded asking for further evidence to be considered because it had not been submitted with the original application. The home office responded saying in short, they would not accept any further correspondence regarding the case and as such none of the paperwork had been looked at.
Now we are unsure what to do. Because he has no passport the local registry will not marry us and as a result he is also unable to travel.

Can anyone please chime in and suggest or recommend a course of action to take.

Things I would like answered include
1)whether or not it is possible at this stage to make a fresh application under the EEA route ?
2)is there a way to invoke marriage on any grounds whatsoever (european convention etc) even if my fiance has no passport ?

[Obie]

Why did he not exercise his right of appeal?

That was a very stupid thing to do.

[mjaworsk]

This is possible it was stupid, but it certainly was not intentional. The documents where sent to a different address we had moved from and so maybe another question. Is it still possible to appeal in such a case?

[Obie]

If he had changed address and it was sent to wrong place, he can seek extension of time.

But the fact that he applied for reconsideration after receiving it, rather than appealing, does not assist ..

[Petaltop]

I am a 27 year old polish lady and my fiance is a 31 year old male from zimbabwe. He first came to the UK in 2005 on a 3 year student visa and then overstayed.

In 2011, my fiance was granted Discretionary Leave To Remain after an appeal for a failed Assylum application by the courts (immigration tribunal ???) on account of his estranged daughter, born in January 2011, in Italy, whose mother is italian and now live in italy

If he really wanted to be near his daughter then why hasn't he applied to live in Italy where his daughter lives?

The best predictor of future behaviour, is past behaviour. It's a common trick to try to use EEAs to stay in the UK. When his EEA child returned to her own EEA country with her mother, instead of moving to Italy to be a part of his childs life he remained in the UK. Why do you think that was? Now he can no longer use his Italian partner or Italian daughter to be in the UK as they live in italy, a common trick is to find another EEA citizen to use. Be careful and think about what your future will hold and how you will feel once he doesn't need you anymore to stay in the UK.

[Obie]

You could apply as an unmarried partner under the regulations if permission to extent time is refused.

[mjaworsk]

His daughter was born in Italy and as as result he was not on the birth certificate of the child. Their relationship was very grounded and due to a number of issues caused by his inabilty to travel it since broke down and from what I gather having no passport or ID to acquire a new passport and the home office declining him a travel document, he had no way of rectifying it at the time. It is suffice to say that mistakes where made by both of them and dwelling on that past is no longer necessary. After advice to get married at the time from solicitors he was not convinced and did not want to marry for papers. Please don't judge him.

The appeal should have been the first step and this is appreciated in hindsight yet the idea was that there was a feeling if he had explained himself the outcome would have been different decision altogether. Does this mean it is not possible to make a fresh application at all? What Is the procedure for applying as an unmarried partner?

Thank you everyone f your responses