Overstayer, yet again: Is this a simple Yes or No situation?

[samuelOAA]

I haven't seen a lawyer or an Immigration consultant about this but a forum is always a good way to start so here goes:

I arrived the UK as a post grade student early autumn 2000. I did not apply for an extension as my sponsor, parent, passed away during my course.

Met my spouse whilst studying in May 2001, wedded Dec 2002. I continued to work, undocumented.

A son was born to us Summer 2005. Wife was diagnosed with a disoder which has continued to receive continued medication and medical care. This was diagnosed in March 2007. My son also has a mild autism, requiring weekly therapy sessions. I stopped working Summer 2008 and have been very supportive of both ever since.

Can I not make an in country application, requesting discretion to remain on compassionate grounds? as leaving my family for a length of time may cause my wife to relapse and return to hospital. Where does this leave my son? in whose care? and if I am asked to return to my country of birth, can I return with my son?

What merits do I have in this case to attempt an application in country?

I have asked this question in another forum and as yet, no one seems to have found an answer.

[Mr Rusty]

Your case has no more and no less merit than any other illegal spouse in the UK. There is nothing to stop you making an in-country application, but you can then look forward to a lengthy period of delay, lawyers' bills and appeals, at the end of which you may be successful or you may be required to leave and seek a settlement visa in your own country.

The quickest way for you to regularise your position is to accept the latter result and do it straight away. You say you have not been working, so there should be no financial penalty to your family by your departure, and once you return on a settlement visa you should be able to start making a proper contribution to your family's upkeep a lot quicker than if you hang about here.

[Wanderer]

Your case has no more and no less merit than any other illegal spouse in the UK. There is nothing to stop you making an in-country application, but you can then look forward to a lengthy period of delay, lawyers' bills and appeals, at the end of which you may be successful or you may be required to leave and seek a settlement visa in your own country.

The quickest way for you to regularise your position is to accept the latter result and do it straight away. You say you have not been working, so there should be no financial penalty to your family by your departure, and once you return on a settlement visa you should be able to start making a proper contribution to your family's upkeep a lot quicker than if you hang about here.

Agree.

Is ur spouse British?

[samuelOAA]

Yes she is