EEA2 refused- reapplying time frame.

I wanted to ask some help and guidance.

Me and my fiancee (non-EU) applied for EEA family permit last year and got granted it based on our long term marriage like relationship (we been together four years and have a child together). We came to UK last year December.
I started working as self employed cleaner so we applied for EEA2 based on self employement. At the time i had just started and couldnt provide too much documents except the payslips and my self assesment number(i may be mistaken on the name there).
However soon afterwards we moved to other city and it got hard for me to find clients. So my fiancee started working while ive been searching for job and taking care of our baby.
Now we have recieved refusal of EEA2 which doesnt suprise us but it creates some problems since i was hoping to recieve it a bit later when i have secured new job.

We want to reapply based on employment but it would take me at least a month to get all document so i want to know whether he is considered over stayer then- considering we have marriage like relationship and he also has a daughter EU national?
If he is an over stayer will he be allowed to reapply from inside UK? I would hate for our family getting torn apart.

Only reason why we are applying for EEA2 is because we want to retun to my home country which doesnt accept my fiancee residence card application unless he has eea2 in uk. So we really need eea2 to be able to leave UK.

Another a bit unrelated question is that we are planning to marry- will we be allowed to do that with certificate of application (if we get to reapply). We have mentioned our engagement and intentions of marriage in family permit and EEA2 applications and our relationship is genuine so i dont worry about interviews just documents we will be asked.

He won't be classified as an overstayer nevertheless,
But to be on a safe side, if you have just received the refusal letter my advice to you is appeal, and that would give you enough time to get all the documents you require if you choose to make a new application.
Appeal and court dates takes about 6 months, so you should definitely have enough time to sort your documents out

Thank you for your answer.

Well right now we dont have enough funds to appeal. I just started a new job a day ago. So there shouldnt be any problem with us sending in papers after month with new application? Considering i could provide payslips and job contract then- which should be enough i hope?

We got refusal letter yesterday and it is very confusing to understand since at one page is states right to stay without residence card and in other page says he should make arrangements to leave and provides list of organizations that could help him leave.
If i understand correctly it means that as long as i am working he is legal no matter what?

For unmarried partner it is not that straight forward especially where their EEA family permit has expired.

Obie wrote:For unmarried partner it is not that straight forward especially where their EEA family permit has expired.

We never have had problem with them questioning our relationship- mainly probably since we have been cohabiting for four years and have a child together. Our daughter is EU national also, does that not affect anything?
Refusal didnt say anything about our relationship. Just stated that there was not enough proof- NI contributions.
We do want to get married also, we wanted to do that december, but i suppose now we need to wait till we can show new CoA?

This is all so confusing. As i said before we only need the card to get out of here since my countries embassy doesnt accept his application without eea2 residence card. Once we are out we are most certainly never coming back to UK.