EEU spouse getting a UK visa in USA

[crapstone]

Hi all,
I really hope you can help me...
Here is my situation: I am an irish citizen, we currently live in the USA. We moved back to the USA in 2008 (my hubby and I), from Ireland (we had been here until 2005, for 2.5 yrs when we moved back to Ireland, but we were not happy there, so moved back to the USA), but now we want to move to the UK. My husband is a non EEU.

We know that he has to obtain a visa from the british embassy, in order to gain access into the UK, so that we can start the whole leave to remain process.
My issue is, he has run out of status here. Will this be an issue when he is going to apply for his visa? Can they deny him a visa on the basis that his status in america is expired, and do I have to go to the UK ahead of him, get a job, in order for him to be allowed into the country? When we first moved to Ireland, it was very straight forward. There were no questions asked. But I am not sure how it works for the UK process. Please advice. I will appreciate any response received .
C

[86ti]

so that we can start the whole leave to remain process.

If I am not wrong then you as an Irish would be considered a 'settled' person (but you may have to be resident in the UK first) which means that you could use the UK route via a spouse visa. It may not be possible to get this visa without being legally resident in a country. I hope the experts of UK law here can advice you better on this and if that would be possible at all.

But you would also be a Union citizen of the EU. As such you could make use of the EEA route through the EEA family permit. This permit can be applied for at any consulate though some embassies appear to not know about this.