What Should We Do?

[bbok]

Apologies as I dont have the exact dates, I have the months though.


Now, my husband had been on a Doctorate Extension Scheme visa for one year which expired at the end of March. Immediately after completing his PhD in 2016, he was offered a job by his supervisor and he worked with them on the DES visa - so thats from Feb/March 2015 - March 2016.
We also got married in March (after dating for over 5 years). He was initially going to apply via Tier 2 but his employers (small spin out company) hadn’t sorted out their CoS yet so he had to apply via the married to a British citizen route (I got my passport last year - been in the UK for over 10 years). Unfortunately (and very hurtfully might I add), his visa was rejected in July mainly on the grounds that the home office did not believe our marriage was genuine.
By the time we got this rejection, my husbands employers had sorted out their CoS issue and he reapplied via that route in July. We heard back from them in September with another refusal (our heart broke) – he scored highly on everything except maintenance. He had put in there that his company would sort out his finances but apparently this didn’t reflect on the CoS. They the employers realised it was an error on their part, they hadnt ticked the box and reapplied for a new CoS and he reapplied- in September (within a week).

We are currently awaiting their decision however his employers received a letter last week warning of the fines they will pay if he’s working whilst not having the right to etc. This has made us think his visa will be rejected,

So we are all worked up again, what does this mean? He made all this applications within days of their refusal. I have a feeling this visa will be refused o the basis that he was working when he had no right to?

Please any sort of advise will be appreciated.
Was his work visa null and void from March?
Shouldn't he have been working when he was awaiting their decision?
If this turns out to be the case, is there ANY chance for us to re-apply? If so, how? Via the marriage route or via Tier 2 again?
If his visa gets rejected is it best to go back home and reapply from our home country?

Any response will be appreciated, we are preparing for a rejection and have no clue what next steps to take.
Thanks in advance

[CR001]

He should not be working as he does not have valid visa or right to work. He has no legal status since his last visa expired.

Why did you not challenge the spouse visa refusal in AR or appeal??? That would have been the most sensible thing to do with and would have protected his Section 3C rights.

What evidence of your relationship did you submit with the spouse visa?

[bbok]

He should not be working as he does not have valid visa or right to work. He has no legal status since his last visa expired.

Why did you not challenge the spouse visa refusal in AR or appeal??? That would have been the most sensible thing to do with and would have protected his Section 3C rights.

What evidence of your relationship did you submit with the spouse visa?

Thanks for your reply.
Evidence we submitted..our marriage certificates, photos from 2011 till recently including our wedding photos.
I don’t remember we had a choice for administrative review. He had no option to appeal in this country and was asked to go back to his home country and appeal from there. Since his employers already had the CoS ready, we opted to apply through Tier 2.

Please let me know if we should be expecting a reflection based on the fact he continued working.

[bbok]

As a way of an update...his Tier 2 visa application was approved! Sooo happy!