EEA 2 returned (Payment problem) Student Visa expired

[Kev8585]

Dear All,

I am married to an EEA national.

I applied for my EEA 2 on 4th November 2013.

My student visa expired on 5th November 2013.

My application was returned on 4th December 2013 due to payment problems.

I reapplied on 5th December 2013 immediately.

Received my Certificate of Application on 4th January 2014 with right to work.

One of my friend (who is an immigration lawyer) told me today that as I had applied on 5th Dec and my visa had expired then I will not have a right to appeal.

He also told me that the visa had expired the chances of refusal are more as the application on 5th Dec 2014 was made after my student visa expired.

I am really very tensed. As per UKBA website EEA 2 is not compulsory to apply. If we go by that statement then I did not have to apply for EEA2. As per my understanding ,I married an EEA national before my student visa expired and drew my right to reside from her being eligible to stay in the UK. Following this argument I would not be illegal when i applied on 5th December 2013.

However I am no expert in all these and am very confused. Please could somebody advise.

In case of rejection without appeal what would be my option.

Kind regards.

[askmeplz82]

your right under EEA LAW 2006 start from the moment you signed marriage certificate

so don't worry about your student visa expiry

[sheraz7]

your have read correct that applying EEA2 RC is not compulsory as long as you are living with a qualified EEA national. Simply resend the application with correct documents and you can even buy the post office postal order for payment which is simple and reliable.

[Kev8585]

Thank you askmeplz82 and sheraz7 taking time out and helping me. You both have been great help.