Canadian Spouse Visa Approved from: But UK visa refused

[rizwan567]

Dear Forum members

I have a good friend whose case I would like to discuss with you:

Friend of mine on student visa in UK, his visa extension was refused by UKBA about 3 months before.. he has appeal in AIT and it will take another 2-3 months to get the outcome of the appeal.

He is married to Canadian national and after 2-3 years of waiting he received a letter from Canadian embassy in London to submitt the passort for the issuance of visa.

Now the problem is he does not have a valid UK student visa (which he had at time time of application)

what should be done in this situaiton?

I await reply for suggestions.

Regards

Rizwan

[potterbond007]

as per visa rules in the UK, you are still permitted to stay in the country since you have an appeal pending in court. In case his appeal is refused he would have to leave the country in 28 days though if he shouldn't be termed an overstayer. Technically he is still on an extension in his student visa. He could take a chance and send in his visa application to the canadian embassy in the UK but this is risky. I would suggest that he apply for his canadian visa from his home country.

[rizwan567]

Many thanks for considering and replying this post.

Canadian embassy took almost 2-3 years to process and approve his application after loads and loads of inquires. After a long and frustrating wait of 2-3 years when he got his approval unfortunately his uk student visa extension is refused recnetly!!! What a luck....... Considering that he has a wife and a 2 year old baby in Canada, reapplying means undergoing the same long wait and agony once again! But there seems like no other option....

Yes, I do agree with you that unless his appeal is decided he is still legal in the country but the question is; what is the policy of canadian embassy in this regard??

Do you or anybody reading this post has a clear answer to this?

[rizwan567]

Any suggestions................ help pleaseeeeeeeeeeeeeeeeeeeeee

[rizwan567]

The subject has got 'Canadian spouse visa' from Canadian embassy London. Although he had an expired UK visa but still success.