Does wait for appeal consider over stay ?

[Indianlonly]

My freind is non EEA family member of an EEA
He entered the United Kingdom with entry clearance 6 months then he applied for confirmation for his residency as spouse of EEA but his application was refused then he appealed and his appeal was allowed and such a resident was granted
Now he is due to apply for naturalisation !
The appeal takes 5 months so in those 5 montyrs was he overstay so he will fail good character as he abreach the immigration law or he was cover section 3c ?
As I'm a ware of the EEA law doesn't force the family member to apply for resident card as as soon as his spouse live in Uk and she qualified so he legally stay as he married and he lives with the spouse and eea2 application only confirmation for resident so he was legally live in Uk even so without residence card ?
Am I right ? Or 3c cover his appeal or he was over stay ?

[ohara]

RC is not mandatory for direct family members. Why was his first application refused?

[Indianlonly]

RC is not mandatory for direct family members. Why was his first application refused?

Thank you Ohara for respond
The reason of refusal the wife is not qualified person
But the fact she was qualify and the non EEA husband sent the application with no evidence for her qualification as he wasn't aware about he had to send it but in the appeal he send the evidence of qualification and the appeal was allowed And I guess he was warking during this period and he got evidence

Shall he go for naturalisation or he broke the immigration law ?

[ohara]

So he just messed up the application by not sending the required evidence. No big deal.

Did he actually appeal or did he just reapply with the correct evidence?

From what you have said, he hasn't broken any immigration law. You can't "overstay" on the EEA migration route as you do not have a visa. His right to live and work in the UK depends solely on his wife's economic activity and since she was exercising treaty rights, nobody seems to have done anything wrong.

[Indianlonly]

Thank you Ohara again , that's so kind of you
He appealed it as he wasn't aware about reapply but the judge allow his appeal from first tribunal and ho didn't appeal as the the judge said the appellant provided the missing evidence so we allow his appeal
But during the appeal my freind was working and he got payslips during appeal time .

[ohara]

He should have just reapplied. It would have been cheaper, faster, and easier. But never mind.

As said, he is on EEA migration route, and his rights to live and work are derived from his wife's status. As she was exercising treaty rights, he hasn't broken any rules.

[Indianlonly]

Thank you
All the process the appeal + the card stamp takes 5 months
Bcos that was in 2009 so everything was easy Nd not busy as now
Thank you again Ohara , I will let him apply for naturalisation as soon as possible