ILR Eligibility

[ss32]

Hello, I hope everyone is fine and staying safe. Actually I'm a bit confused that which form should I use to apply ilr for my cousin. Their father (my uncle) got British citizenship in 2016 and then applied for his family to join them. My uncle got his ilr through the work permit scheme and then got his British citizenship. He only applied for visas of his family after he got his British citizenship. My cousin who is his eldest daughter was under 18 when she got her first leave to enter as a dependent on her father. She then applied for extension as a dependent on her father visa and now she has completed five years and is eligible to apply for Ilr. Can the members please guide me that which form do we need to fill in? Is it the Set (F) or Set (O) or any other form? I'll be grateful if someone on the forum can respond to my query. Thanks

[CR001]

All family need to apply on form SET M.

[ss32]

Thanks very much for your response. Just to be more sure about this I wanted to include some more details. My uncle had to show income of 18,600 plus additional income for his kids when he applied for their visas in late 2016. He was already a British citizen at that point when he applied for visas of his kids. He had a work permit through which he got ilr in 2015 and then citizenship in 2016. Can I plz ask what's the difference between using form Set (F) and Set (M)? Who can use form Set(F) and who can use Set(M)? I'll be grateful of you can respond to my query. Thanks

Best regards

[CR001]

Set m is the form required for those on spouse and child settlement visas under Appendix FM.

Set F is for children under 18 whose parents are both settled and is NOT relevant to the circumstances you have described.

Your uncles precious work permit visa details are completely irrelevant.

[ss32]

@CR001 Thanks so much for your response.

[ss32]

Hi Hope u r well and staying safe. I started filling out the form set (M) for my cousin(over 18) who is dependent on her father(who is a British citizen). Whilst filling out the online application form I came across the section named "Partner's details". So do I put her father's details in the Partner section? Also why does in the form it doesn't say anywhere that a child or dependent of a British citizen can apply for ilr using the form set(M) . Following are the wording used, I've quoted it from ukvi website,

"Settle in the UK as the partner of a person, or parent of a child, who is in the UK and settled here: form Set(M)"

I am a bit confused. I'll be really grateful if you can respond to my query. Thanks

[vinny]

What’s the status and circumstances of her other parent?

[ss32]

@vinny Her other parent(mother) is also dependent on her father. Her mother is also now eligible to apply for ilr. But at the moment her mother hasn't got the settled status.

[CR001]

Are you apply for ilr for both of them?

[ss32]

@CR001 I'm initially going to apply for my cousin and then apply for her mother and sister afterwards. Do I need to apply collectively for all of them? Bcz they r all eligible.

[vinny]

Child cannot succeed before the mother. Child may apply in line with mother.

[ss32]

And which form do I need to use for the children who r over 18 now?

[vinny]

Previously, parent may include them in parent’s SET(M). If that has changed, then use SET(F). KoLL, etc., also required.

[ss32]

Hello,
I hope everyone is doing great and staying safe. I wanted to ask about my eligibility for ILR. I'll complete my 10 year legal stay in UK in May 2022. But in September 2021 I was fined by local Magistrates court because of the misuse of disabled badge "Section 117 of the road traffic regulations act 1984 as ammended". The letter I received from the Magistrates court said that I need to pay a fine for the following offence "Unlawfully used a disabled person's badge in relation to the parking of the vehicle". The current updated guidance on ILR says
"You must refuse an application for indefinite leave to enter or remain where the
applicant:
has, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out-of-court disposal that is recorded on their criminal record (under paragraphs 320(1C)(iv) and S-ILR.1.6. of Appendix FM""

So I wanted to ask that
Is the offence I committed a recordable offence? Shall I do a police record check and find out if its on my record? Do I have any hope that I can apply for ilr in May 2022 or will I have to wait 24 months? I am really worried about the situation I'm in. I've waited so long for 10 years for this and somehow I made this terrible mistake and got caught on misuse of bluebadge. Throughout my 10 years in UK I've never committed an offence in the past. This was the first time. I applied for extension of my student visa after that incident In October 2021 and disclosed this in my visa application. My visa application was successful and I got the student visa but I'm not sure about the ilr application now because of the good character provision. I request you to please look into my query. I'll be waiting for the response. Thanks

Best regards

[ss32]

Dear Members, can anyone please respond to my query. I'll be grateful if you can entertain my request. Thanks

Best regards

[zimba]

I do not think this is a recordable offence

[ss32]

@Zimba Thanks very much for your response.
I wanted to ask just for my clarification the following;
(I)do you think that I should get a police report to find out if its recordable or not?
(ii) And then I just declare it on the visa application and say on the cover letter that's its not recordable offence?
(ii) if its not recordable, then am I eligible to apply for ILR in May 2022?

I'll be grateful if you can entertain my request. Thanks

Best regards

[zimba]

Request a basic DBS https://www.gov.uk/request-copy-criminal-record
Simply declare this. I do not believe it has any effect on ILR

[ss32]

@Zimba Thank you very much for your response. Im grateful.

Regards

[ss32]

Hello,
Hope everyone is well and staying safe. I did request a DBS and the offence I mentioned in the conversation above in the thread doesn't show on my basic dbs check.
1) Do I still to declare it in the criminal convictions in the ilr online visa application form?
2) if yes then should I explain in the cover letter that the offence is not recorded on my criminal record or just mention it in the online visa application and don't discuss it in the cover letter?

I'll be grateful if someone can entertain my query. Thanks

Best regards

[zimba]

It is up to you. It has no effect

[ss32]

@Zimba Thanks very much for your response sir. Sorry I couldn't get if you answered the first part or second part of question.
1) So should I declare it in criminal convictions in the visa application form? Bcz I'm worried that if I don't, the homeoffice might think that I hid it from them?
2)Secondly I'm thinking of applying through super priority. So when I mention a conviction, will they take longer for the decision? Can I go for super priority service?

Thanks again for your response.

[zimba]

1. You can declare it
2. I cannot tell you what to expect or how this may affect the process. This is up to the UKVI