Overstayer - spouse of a British citizen

[Alikarim]

Hi guys, this ones for a friend of mine, he needs my help and I need yours. here are the facts I have been told:

- arrived on student visa from India in Jan 2010
- 2013 he fell in love with this girl but her parents didn't let them get married and they wouldn't go against her parents wishes
- his visa got curtailed may-14 and he was given a 60 day period to change college.
- he changed college and re applied but was refused visa - he kept doing that I think 3 times that dragged the whole thing just so he could stay here and convince the parents.
- they got married in Sep-16 and just 4 days before his wedding his then pending application for student visa was refused and he was given 28 days to either apply for a new visa or leave the country.
- THE PROBLEM WAS that he never received the letter advising him of the refusal. So he didn't know.
- two months after his wedding he put in a flrm application (spouse visa) which was refused on the grounds of his overstay (which he never knew about)
- since then he has been battling the home office through lawyers about his stay but neither himself nor his lawyers are in control of the whole situation.

Questions:
- Does he have grounds to win this thing if taken to court on the basis that
A) the Ukba allowed him to get married knowing his pending application for student visa
B) he wasn't technically overstaying as he didn't know what was his deadline to re apply or leave.

- Had he used the flr fp from would it have been considered assuming all other aspects are okay.

- any other advice you could give for the overstaying and not so smart couple.

[vinny]

Can the Home Office prove that they correctly sent the curtailment notice?

[Alikarim]

No they can't.

[physicskate]

How did he marry while an application was pending? His passport would have been with HO?

[Alikarim]

He was made to request the home offices clearance - the home office gave that clearance.

[Alikarim]

Any advice would be most appreciated