EEA2 Appeal pending,inviting brother for graduation ceremony

[paknet]

Hi
I am married to dutch national and my eea2 visa was refused and main allegation was marriage of convenience,i have filed appeal last year and waiting for oral court hearing date.In the mean time,i have completed my MBA from Anglia Ruskin University and my graduation ceremony is in september.
I just want to know that can i invite my brother on graduation ceremony on visit visa and what documents i need to provide and what documents he need to provide.
My passport is in home office and expired.
I have only COA which mentions my case ref no and is expiring on 13 Aug.
I have working full time since last 1 year on COA and paying taxes.
Could any one please assist me.
Regards
Shan

[ohara]

What is your immigration status?

EEA2 is not a visa. Is your marriage genuine?

[paknet]

100% genuine,i am not sure about my immigration status as its my application is pending,my previous status was tier 4.

[noajthan]

100% genuine,i am not sure about my immigration status as its my application is pending,my previous status was tier 4.

If your application is refused and any previous visa (from UK route) has expired you will have become an overstayer.
Probably not a good basis from which to sponsor a visit visa.

[paknet]

If your application is refused and any previous visa (from UK route) has expired you will have become an overstayer.
Probably not a good basis from which to sponsor a visit visa.

[/quote]
How can i be an overstayer if my appeal is still pending in Lower tribunal.I am working full time using COA since last year and paying taxes.If i am an overstayer then how can i have full right to work using COA in the first place?
Can any expert please advise me on that.
Regards
Shan

[noajthan]

How can i be an overstayer if my appeal is still pending in Lower tribunal.I am working full time using COA since last year and paying taxes.If i am an overstayer then how can i have full right to work using COA in the first place?
Can any expert please advise me on that.
Regards
Shan

If your RC application was refused then your interim COA can hardly be valid (its just an interim document pending issue of a RC).

Do you have any pre-existing, valid immigration status under UK Immigration Regulations?

Because if your status has not been recognised (and a RC has been refused) due to a marriage of convenience then you won't be recognised as the dependent of a Union citizen under the UK's EEA Regulations.

So EEA Regulations in relation to treaty rights won't apply to you (assuming you are a non-EEA national).

If the evidence shows that they are not a genuine spouse or civil partner of an EEA national, and have not previously been issued a residence card,
then they have no EU rights and are liable to removal in the same way as any other non-EEA national without leave.

...

If an application for a residence card based on a sham marriage / civil partnership is pending, please contact European casework to request consideration for immediate refusal

An appeal against refusal of an EEA claim does not suspend removal (only an appeal against a decision to remove a person under the EEA Regulations (except on public policy, security or health grounds under regulation 19(3)(b) ) can suspend removal)

Ref https://www.gov.uk/government/uploads/s ... r30_v2.pdf