Overstayer to Dependant for a skilled worker

[AK31]

Hi all,
A man who overstayed his student visa for years got married to a skilled worker and having a baby born in UK. Can he apply for Dependent visa in country by requesting home office to exercise discretion as the case involves compelling and compassionate circumstances.?
Have anyone had experience in that case?

[secret.simon]

First off, was it a legal marriage in the UK? If either side of the aisle is a foreign national (and in this case, both sides are), the Registrar or marriage officiant is required to notify the Home Office of the marriage. Was that done? If not, it is quite possible that there is no legal marriage.

Be aware that most nikaahs in England need to be solemnised by a civil marriage at a local registrar to give the marriage legal effect. That is to say that a nikaah done in the UK will likely not count as a marriage.

Secondly, having a child in the UK does not count as "compelling and compassionate circumstances". It's a fairly common occurrence. Is there any reason why he can't return to his country of habitual residence and then apply for a dependent visa from there?

[razergd1]

An overstayer cannot apply for a dependent visa from the UK. It is also unlikely that a dependent visa from overseas will be successful in the OP circumstances as his visa application will likely to fall under general grounds for refusal.
Subsequently, the new born baby is unlikely to meet dependent visa requirements as both parents must be legally present in the UK.

OP and his spouse should consider getting professional legal advice.