Tier 4 Student Visa to EEA Residence Card

[Ayu]

I'm currently on a student visa which expires 2nd August 2017 and I've recently applied for a EEA residence card in July 2017. I'm married to a Romanian and I'm staying in the UK with my husband.
I understand that it takes 6 months for the application to be processed. Once my student visa has expired, what is my immigration status here in the UK? It's concerning as I've submitted original documents (passport and BRP) so I will not have evidence to prove my right to stay. Also, in the case that my application gets rejected, how will my status be affected then?
Thank you.

[lunallena]

You can stay in the UK while your EEA RC application is in process even after your Tier4 expires. You will received a certificate of application (CoA) that will prove your right to stay and work while your application is pending. However, if your application gets refused you will become an overstayer, although you may be allowed to reapply or appeal the decision.

I hope this helps.

[Richard W]

Technically, your status depends on whether your husband is a 'qualified person' or permanent resident and on whether your marriage is one of convenience or not. (If he requires comprehensive sickness insurance (CSI), as those who are students only do, so will you.) The issue of a card or not is irrelevant. So, if you had only married your husband so you could stay in the UK, you would be an overstayer on 3 August. Your status as the family member of a qualified person or permanent resident would not be affected by repeated failure to submit an adequate application for a residence card.

On the other hand, your practical ability to take employment or occupy rented accommodation will depend on what documents you can produce.

[Ayu]

Thank you very much. I'm just waiting on a reply from them to take a biometric as I understand that that is the next step after they've taken payment.
I understand that on the basis that they suspect the marriage is of convenience, they would carry out an investigation. My husband is a qualified person and employed by a company here in the UK and we're currently staying in a rented accommodation. He isn't applying for a PR card so it's just my application for an EEA RC. My only concern is that my status will be considered illegal if my application gets rejected and possibly HO might separate me from my husband.