Husband illegal but wife legal

[Emdee]

This is messy but any advice would be appreciated.

The female came to UK eleven years ago and has always been legal. She has a visa valid until Dec 2008 due to illness which is a long term health problem and will be applying for indefinate leave this year.

She was married about 4 years ago to a person who was not legally in UK at the time and he is not legal now as his original student visa expired a long time ago. He has now been in the UK for 8 years.

They both work - don't rely on the State other than for her medical treatment and he wants to legalise his position.

I said it was messy but does anyone has any suggestions as to how he should proceed?

[Jeff Albright]

the illegal one has to leave the country, apply for the visa to join the legal one and then return.

[John]

They both work

Not for much longer! Well not for him anyway! The clampdown on illegal workers means that it is just a question of time before his illegal employment is terminated.

Put it another way, why would the employer want to continue to face the risk of one of the one £10000 penalties for employing an illegal worker?

[sunny9675]

after fine and jail and illegal have to go

no other way