Immigration Rules breach and Marriage with British

[zeeshanzaheer]

one of my friend was detained by UKBA and his case is still in Judicial Review proceedings.Actually he was working while on Tier 4 visa and he was not allowed to work.

Now he is married with British National last week.He wants to apply on the basis of his marriage.She earn 20K a year.They are now living together.
i do understand there are less chances in country application but he don't want to go back.

he wants to apply for leave to remain.Can you please guide which is best form to use is it FLR(O) or SET(M)????????

[Amber]

If he meets the requirements then should consider applying outside the UK for EC as a spouse. Otherwise, an in-Country application will be based on discretion unless, he is granted leave as a result of his judicial review.

[zeeshanzaheer]

we know his judicial review will refuse and he don't have strong evidence .
therefore he is thinking for FLR(o) on the basis of family life and looking Discretionary leave.He will withdraw his Judicial Review as well
can you please advice if FLR(O) is best option???

[zeeshanzaheer]

can anyone guide us please?

[Amber]

FLR(O) under exception 1 is a 10 years route to settlement.