Is he Eligible For Discretionary visa

[joligolf]

Hi everyone,
My cousin has over stayed for 16 years and his "wife traditional y" is a British citizen.
they have a baby who is also British. He wants to legally marry her by register y.

Can they get marry Legally in the UK?
Can he apply for discretionary visa?

Please help. thank you

[Casa]

In order to marry in the UK as an overstayer with no valid leave, notice can only be given at a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview the couple separately before the wedding can go ahead.

Your cousin is at risk of being detained on the day of the interview.

I'm not sure what you mean by his partner is 'traditionally British'.

[joligolf]

Thanks for your quick reply it was very helpful.
Can he apply for Discretionary visa as they have a kid together but they are not legally married.
thank you

[Frontier Mole]

There are a whole host of reasons for applying for various types of leave outside the rules. Giving an across the board yes you can apply is less than the whole story.
Some points to consider
Having a child to a UK citizen is in no way the magic ticket to staying in the U.K.
Neither is being married to a UK citizen.
The overriding principle is your immigration status & how you have behaved in the period since your visa expiry. If you have absconded, found to have worked illegally etc all this is considered.
The ability to carry on your private and family life in or outside the UK. Including returning to your home country to app,y for a Spouse visa.
The age of the child.
The ability of your partner to support you.
This is not an exhaustive list.

It is far from a simple route to remain.

[Casa]

Further to Frontier Mole's excellent advice, how long has your cousin been living in a relationship 'akin to marriage' with his partner.