[Graced2017]

I am British citizen, however my husband (nigerian) was on a student visa. We got married in court 2years ago before his visa expired. However at that time he had been suspended from uni as he worked when he wasn't supposed to. The uni informed him that the UKba was aware if this. We, however did not received a letter of curtailment as he hadn't informed ukba of change of address.

A solicitor advised us to apply for discretionary leave to remain visa based on human rights. We didnt apply for spouse visa as i was not earning tbe required amount then. But i am now.

We just received a refusal letter stating that hr can appeal from outside the country. In the letter it statrd that my husbands visa was curtailed and then reinstated. But we didnt know. I consulted with other lawyers who informed me that the wrong application was made in the first place as we do no have children or circumstances that will stop us from moving to Nigeria.

Cutting the long story short, if my husband goes back to apply from Nigeria, will the fact that he worked when he was not supposed to be an issue even though his visa was reinstated? I'm asking because I don't want him to go back and be told he can't return until after 10years.
Secondly are there any other options as I don't really want him to leave.
Thirdly, can be make a fresh application from within, as long as this is posted within 14days from the decision date?

 

[clever-octopus]

He will need to apply for a spouse visa from Nigeria. The advice to apply for discretionary leave to remain wasn't great. There used to be a 28-day "grace period" during which you could submit an out-of-time application, but this has been reduced to 14 days and only if the ECO deems there to be "good reason" why your husband couldn't apply in time. It's possible that you could make a case for "good reason" but I don't know if an ECO will be sympathetic in light of your husband's breach of immigration rules (and the fact that he hadn't notified UKVI of his new home address doesn't make them responsible for the fact that he hadn't received a curtailment notice).

will the fact that he worked when he was not supposed to be an issue even though his visa was reinstated?

It won't likely result in a 10 year ban unless he used deceit in applying for a UK visa (such as forged documents). But it could be an automatic 12-month refusal from the time he leaves the UK, which he should do voluntarily rather than waiting for a forced removal.

From the immigration rules:

Where an applicant has overstayed, breached a condition of leave, was an illegal entrant, accepted a conditional caution or used deception in a leave to remain application, the automatic refusal period is dated from the date the applicant left the UK.

 

[Graced2017]

Thank you so much for your response... I appreciate it.

It's just that some lawyers were telling me that since we qualify for spouse visa we can apply for that. Then ask the ukvi for a certified copy of his visa so he can write his English test.

But your response makes a lot of sense. Thank you

 

[Joppa]

Be wary of conflicting advice from lawyers. They are often more interested in getting fees off you than giving you a proper advice which doesn't bring any business.

 

[Graced2017]

Thank you Joppa. That is true.