illegal immigrant wants to legalise status

[dilse4srk]

Hi All

I am asking this question on my friend's behalf and this is an extremely urgent post. I am hoping some body will reply asap.

My friend came to uk as student in 2004 , stayed as student till 2008 and then he got IGS
IGS extension refused in 2009 and appeal against the refusal but unsuccessful. He becamse overstayed in 2010.
He got married with a british citizen in 2012 and applied for LTR on spouse basis which was refused by saying you should go back to your home country with your british spouse
he was detained in 2013, and based on his wife he was given in country right of appeal
which he was not aware of as his solicitor was away , and when solicitor got back, the appeal date was gone as well. He was detained again in 2015 but got released , at the moment he has no pending application

, his wife is suffering from stress so she never worked in the uk and she is receiving ESA and housing benefits

He was thinking to file flr fp this week as he wants to legalise his status but today he received is.96 letter from home office, my question is can home office detain him if he files an application tomorrow and his application remains pending?

Also is there any other best option which he can rely upon?

Let me know please

[noajthan]

5 years seems a long time to decide to file for FLR FP.
It appears HO has arrived at similar conclusion.

Follow guidance in IS96.
When spouse can meet requirements apply for spouse visa from home country.
It appears spouse has no real ties in this country eg work commitments so also consider relocating to home country with spouse.

[dilse4srk]

The problem was, both my friend and his wife had issues in their relationships which took about 3 years to resolve and when family got involved it is now sorted and wife says she is willing to support his visa application. that is why he did not submit any application and remain over stayer. The british spouse belongs from pakistan , she was born in uk and never been to pakistan. So she is not willing to travel

Is there any chance he files the application to avoid being detained again?