Reads like he did apply Article 8 and ILR :-


.............in March 2006, the man applied for "indefinite leave to remain" under an immigration rule known as the "10 years' continuous lawful residence provision" - and under Article 8 of the European Convention on Human Rights, which enshrines the right to respect to family and private life.
Both of them illegals

He should have kept his head down and not submitted his ILR