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Hello.. I hope someone is able to help with our situation.

Currently, my husband (Pakistani) has a 5 year EEA resident permit in the UK, which is valid till 2019. A while back he applied for a USA visa and got rejected twice. We believe that they rejected the visas because of the past supposed 'illegal' status that he had while in the UK. But let me explain...

My husbands student visa extension got refused, so he appealed. Then there was a long procedure of accepting the appeal, appeal got refused, then appealed the appeal or something like that. Anyway, as the UK law states, he is legal while any appeal is in process.
Now what happened is we applied for a UK spouse visa while his appeal was in process. (We didn't know a new application can't be sent on an existing appeal) This meant that when they reviewed the spouse application, they saw that he hasn't got a valid leave to remain since the last valid student visa. They didn't account for the 'legal' time he was residing while the appeal was going on. We never received a letter for the appeal for him to leave the country or anything like that.
The spouse visa was rejected and he was asked to leave the country - which then led us to going Ireland and down the surrinder singh route.
So, for those couple of months (even though he was completely legal) they have put it down as he overstayed.

So my questions are:

1) Is it possible to explain the above situation to UKBA to get the 'illegal' status changed/removed?
2) Would this affect his nationalisation once hes completed 5 years in the UK under EU law?
3) After getting a British passport, would he be allowed to visit USA like any other UK citizen and if not (due to his previous pakistani nationality) would the previous supposed 'illegal' status still hinder/refuse him of the visa?

If someone could please advise, I'd be really grateful.
Thanks

Jellybean105 wrote:Hello.. I hope someone is able to help with our situation.

Currently, my husband (Pakistani) has a 5 year EEA resident permit in the UK, which is valid till 2019. A while back he applied for a USA visa and got rejected twice. We believe that they rejected the visas because of the past supposed 'illegal' status that he had while in the UK. But let me explain...

My husbands student visa extension got refused, so he appealed. Then there was a long procedure of accepting the appeal, appeal got refused, then appealed the appeal or something like that. Anyway, as the UK law states, he is legal while any appeal is in process.
Now what happened is we applied for a UK spouse visa while his appeal was in process. (We didn't know a new application can't be sent on an existing appeal) This meant that when they reviewed the spouse application, they saw that he hasn't got a valid leave to remain since the last valid student visa. They didn't account for the 'legal' time he was residing while the appeal was going on. We never received a letter for the appeal for him to leave the country or anything like that.
The spouse visa was rejected and he was asked to leave the country - which then led us to going Ireland and down the surrinder singh route.
So, for those couple of months (even though he was completely legal) they have put it down as he overstayed.

So my questions are:

1) Is it possible to explain the above situation to UKBA to get the 'illegal' status changed/removed?
2) Would this affect his nationalisation once hes completed 5 years in the UK under EU law?
3) After getting a British passport, would he be allowed to visit USA like any other UK citizen and if not (due to his previous pakistani nationality) would the previous supposed 'illegal' status still hinder/refuse him of the visa?

If someone could please advise, I'd be really grateful.
Thanks

Did you get any reason from the USA visa refusals previously?

Hi member

The refusal letter stated that he didn't have enough reasons to return to the UK, something like 'it didn't satisfy the officer'. I can't find the letter, but will let you know as soon as I find it.

When he was being interviewed, the officer saw this 'illegal' status on her screen which must be from UKBA records.

Can anyone shed any light on this? Thanks

Also, another point. I had already started working in Ireland since Feb 2013 so technically, when my husbands appeal came to an end, he was still legal due to being in the UK with me. Am I right? Can I fight on these grounds?

I want to know if I can email home office and get them to change the mistake of the supposed 'illegal' status.

I'm thinking of requesting a FOI and seeing what they have. Please advise.

If you want UKVI to disclose data they hold on you, it is a Subject Access Request that you need to make, not an FOI request.

https://www.gov.uk/government/publicati ... mmigration

Ohara

Sorry thats what I meant, thank you for pointing that out