Immigrationboards.com

Dear Members,

I am due to submit my ILR application in March 2026. In January 2026 I became aware of two matters that have progressed to the Single Justice Procedure / Magistrates’ Court enforcement stage, mainly because earlier notices were sent to an address that did not reach me. I am seeking general guidance on the likely immigration implications and the correct steps to take to regularise the court records.

The first matter relates to continuous insurance enforcement (registered keeper offence) under section 144A(1) of the Road Traffic Act 1988. The offence date is 01/04/2025. Please note that vehicle was uninsured but was not being used and kept parked on my private land. I did not update the V5C/registered keeper address promptly after moving, so any earlier correspondence may have gone to my previous address and I did not receive it. I later sold the vehicle and notified DVLA of the disposal in July 2025. I first became aware on 13/01/2026 via a Further Steps Notice and/or notice of fine showing an amount of approximately £700. I contacted HMCTS immediately on 14/01/2026 and set up a payment plan by direct debit. On 15/01/2026 I submitted a request to make a statutory declaration / legal statement to the court on the basis that I did not know about the proceedings until I received the Further Steps Notice; this is currently pending a court listing.

The second matter relates to a Further Steps Notice for approximately £350 received on 27/01/2026, which I understand relates to my child’s unauthorised absence from school (leave was only partly approved). I did not receive any earlier penalty notice/correspondence. On investigation, I found that I had provided my updated address to the school but it was not updated on their system, so correspondence may have been sent to my old address. The school has acknowledged the error and has indicated they are liaising with the local authority. Council informed me that an email has been sent to the court to request the case be reopened/withdrawn (I am awaiting confirmation of the court position). I have not yet made any statement to the court in relation to this second matter because I am unsure what the correct procedural step is.

My concern is how UKVI may view two recent Magistrates’ Court matters close to an ILR application, especially where I acted promptly once I became aware and where non-receipt resulted from address record issues. I would be grateful for any general advice on (i) whether paying the fines affects the underlying conviction record, (ii) whether a statutory declaration is the correct route where I did not know about proceedings, and (iii) how such matters are typically disclosed in an ILR application.

These should not impact the ILR

Dear Immigration Board,

I entered the UK in September 2019 on a student visa, accompanied by my wife and 13-month-old daughter, who were both on student dependent visas. In April 2023, I transitioned to the UKRI-endorsed Global Talent Visa (GTV), and my dependents transitioned to GTV dependent status.

As per the information available, it seems that dependents must complete 5 years of continuous residence in the UK as dependent only to be eligible for settlement. However, under the "Continuous Residence Guidance" in the section 3 Qualifying Period it states that -
"The length of permission the applicant must have been granted and the relevant routes before qualifying for settlement is set out in the table below) -
Dependent Partners of a person on the Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, Skilled Worker, Scale-up or Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur)- A dependent partner can qualify for settlement if they have 5 years continuous residence with permission as a dependent partner of a person on one of the following routes: Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, Skilled Worker, Scale-up Tier 1 Migrant (other than Tier 1 Graduate Entrepreneur)."

My specific question is: Does the time spent on a student dependent visa count towards the 5-year qualifying period for settlement for dependents? Or is it only the time spent on the routes listed above (Global Talent, Innovator Founder, etc.) that is considered for the 5-year period?

I have come across two posts on this forum suggesting that time on a student dependent visa may count, but I would like to confirm this before proceeding, as I will be investing a significant amount of money for my two dependents and want to ensure everything is in order.

Thank you for your help and guidance.

globetale wrote: ↑

Wed Feb 11, 2026 4:09 pm

My specific question is: Does the time spent on a student dependent visa count towards the 5-year qualifying period for settlement for dependents?

Yes it does.

Any time spent as a dependant including as a student dependant counts for ILR as you've read in the other posts. There have been many successful cases with the same situation.

lolo2 wrote: ↑

Wed Feb 11, 2026 4:19 pm

globetale wrote: ↑

Wed Feb 11, 2026 4:09 pm

My specific question is: Does the time spent on a student dependent visa count towards the 5-year qualifying period for settlement for dependents?

Yes it does.

Any time spent as a dependant including as a student dependant counts for ILR as you've read in the other posts. There have been many successful cases with the same situation.

Thanks alot @lolo2.

Thanks

zimba wrote: ↑

Tue Feb 10, 2026 6:07 pm

These should not impact the ILR

.

Any advice on how to frame these and declare them in my applications. I have work colleagues who can write me a good character reference letter if need be.

Only convictions must be declared. You do not need a character reference letter. Do not invent your own rules

It seems they have updated the Continuous residence guidance last year and created a mess.

Dependent Partners of a person on the Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, Skilled Worker, Scale-up or Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur)

A dependent partner can qualify for settlement if they have 5 years continuous residence with permission as a dependent partner of a person on one of the following routes:

- Global Talent

- Innovator Founder

- T2 Minister of Religion

- International Sportsperson

- Skilled Worker

- Scale-up

- Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur)

https://www.gov.uk/government/publicati ... ing-period

Now what this guide says clearly contradicts the immigration rules in place and also the other guide on Dependent family members in work routes (which specifically references paragraph GT 30.1 for Global Talent dependants):

5 - year permission requirement: partners
Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependant partner of the lead applicant.

Dependant partner can include time as a spouse on family routes.

Related rules
GT 30.1, INNF 37.1, MOR 33.1, ISP 35.1, SCU 35.1, SW 42.1.

https://www.gov.uk/government/publicati ... ork-routes

So, Dependent family members in work routes guide says that even time under the family route counts (which is in line with the immigration rules), but then the other guide says it does not count ??

zimba wrote: ↑

Wed Feb 11, 2026 5:46 pm

Only convictions must be declared. You do not need a character reference letter. Do not invent your own rules

It seems they have updated the Continuous residence guidance last year and created a mess.

Dependent Partners of a person on the Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, Skilled Worker, Scale-up or Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur)

A dependent partner can qualify for settlement if they have 5 years continuous residence with permission as a dependent partner of a person on one of the following routes:

- Global Talent

- Innovator Founder

- T2 Minister of Religion

- International Sportsperson

- Skilled Worker

- Scale-up

- Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur)

https://www.gov.uk/government/publicati ... ing-period

Now what this guide says clearly contradicts the immigration rules in place and also the other guide on Dependent family members in work routes (which specifically references paragraph GT 30.1 for Global Talent dependants):

5 - year permission requirement: partners
Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependant partner of the lead applicant.

Dependant partner can include time as a spouse on family routes.

Related rules
GT 30.1, INNF 37.1, MOR 33.1, ISP 35.1, SCU 35.1, SW 42.1.

https://www.gov.uk/government/publicati ... ork-routes

So, Dependent family members in work routes guide says that even time under the family route counts (which is in line with the immigration rules), but then the other guide says it does not count ??

Thanks for this information. Indeed the continuous residence guidance has created confusion. Although how I infer this text from the table is:

A dependent partner can qualify for settlement if they have 5 years continuous residence with (current) permission as a dependent partner of a person on one of the following routes:

- Global Talent

- Innovator Founder

- T2 Minister of Religion

- International Sportsperson

- Skilled Worker

- Scale-up

- Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur)

As it does not specifically mention that qualifying period must consist of time with permission on any of (or any combination of), the following routes as it does for example in below:

Global Talent or Tier 1 (Exceptional Talent):

Applicants on the Global Talent route can qualify for settlement after 5 years of continuous residence if they were endorsed under the ‘exceptional promise’ criteria by Arts Council England or Tech Nation.

The qualifying period must consist of time with permission on any of (or any combination of), the following routes:

- Global Talent

- Innovator Founder

- Skilled Worker

- T2 Minister of Religion

- International Sportsperson

- Tier 1 Migrant, other than Tier 1 (Graduate Entrepreneur)

- Scale-up

- Representative of an Overseas Business

Is my reading of the table correct?

globetale wrote: ↑

Wed Feb 11, 2026 8:50 pm

As it does not specifically mention that qualifying period must consist of time with permission on any of (or any combination of), the following routes as it does for example in below:

Global Talent or Tier 1 (Exceptional Talent):

Applicants on the Global Talent route can qualify for settlement after 5 years of continuous residence if they were endorsed under the ‘exceptional promise’ criteria by Arts Council England or Tech Nation.

The qualifying period must consist of time with permission on any of (or any combination of), the following routes:

- Global Talent

- Innovator Founder

- Skilled Worker

- T2 Minister of Religion

- International Sportsperson

- Tier 1 Migrant, other than Tier 1 (Graduate Entrepreneur)

- Scale-up

- Representative of an Overseas Business

Is my reading of the table correct?

The section you're citing here is related to applicants who are endorsed by Arts Council England or Tech Nation who follow a 5 year path to ILR. As you were endorsed by UKRI, this does not apply to you.

This is what applies to your dependants.

globetale wrote: ↑

Wed Feb 11, 2026 8:50 pm

5 - year permission requirement: partners
Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependant partner of the lead applicant.

Dependant partner can include time as a spouse on family routes.

Related rules
GT 30.1, INNF 37.1, MOR 33.1, ISP 35.1, SCU 35.1, SW 42.1.

The underlined text means that dependant partners can include any time spent on any other visa type, as long as they have always been dependants of the main applicant.

zimba wrote: ↑

Wed Feb 11, 2026 5:46 pm

Only convictions must be declared. You do not need a character reference letter. Do not invent your own rules

As I understand Single Justine fines issued in your absence are counted as convictions. Is this understanding correct.

Additionally, the motoring offence one has stated this-

The DVLA have no objections to the matter being relisted and can confirm that if a Statutory Declaration is accepted or the matter reopened via S142 in the interests of justice (defendant states due to a change of address they did not receive the letters or SJP notice) then the DVLA are prepared to reoffer the Fixed penalty to the defendant.

and the school absence one is being withdrawn from council stating this-

The courts have been instructed to reopen and withdraw the case. This action was taken due to an incorrect address being listed on the original documentation, which resulted from the school’s records not being updated at the time. Please accept our apologies for any concern or inconvenience this may have caused. The matter is now being addressed to ensure our records are accurate moving forward.

How do I declare them ?

You can declare whatever you want. You are not restricted to declare.