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I want to apply for ILR in the UK, for a 5 year visa skilled worker route, however, I am confused by the section 'Convictions and other penalties' specifically "A penalty for a driving offence, for example disqualification for speeding or no motor insurance".

I have violated speed limit on 2 occasions,
1. I had to attend an online training course for the first offence.
2. I paid a fine on the second offence.

however, when I check my DVLA record, it says "You do not have any penalties and disqualifications." under Penalties and disqualifications.

now I don't know how to answer this question.

A speed awareness course is not relevant at all.
You may just declare the fine. You did not have any convictions, so there is nothing of concern here

thank you for your response.

when you say, I may, does this mean it's optional to declare it or not?

In case I omit that, what could be the consequences if they find out?

There is no ill effect but I suggest declaring the fine. Again there is no effect

Background:
My wife came to the UK in October 2020 on a PBS Dependant visa, dependent on my Tier 2 work visa. I received my ILR in October 2024. At the time I received my ILR, my wife was still holding her valid PBS Dependant leave.

In November 2024 (one month after I got ILR), my wife applied for and was granted FLR(M) under the Appendix FM family route. She had been in the UK for approximately 4 years and 1 month as a PBS Dependant at that point.

I became a British citizen in April 2026.

The mistake:
My wife recently applied for ILR under the Appendix FM 5-year partner route (SET(M)) and was rejected as invalid — on the grounds that she has not yet accrued 5 years of continuous leave under the Appendix FM route. We now understand she only has roughly 5 months of Appendix FM leave, as her prior time was on the PBS Dependant route.

My questions:

1. Because my wife held valid PBS Dependant leave at the exact moment I received my ILR in October 2024, does she still qualify for ILR under the PBS Dependant / Skilled Worker Dependant route via SET(O) — despite having since switched to FLR(M)?

2. Was switching to FLR(M) in November 2024 a mistake? Should she have instead extended her PBS Dependant leave to reach 5 years (October 2025), and then applied for ILR via SET(O)?

3. If SET(O) is no longer available to her because she has switched routes, is there any legal argument or Home Office discretion that could allow her PBS Dependant time (4 years 1 month) to be preserved or counted?

4. Is she now locked into the Appendix FM 5-year route, meaning she needs a further ~4.5 years before she can apply for ILR via SET(M)?

Current status:
* Wife currently holds: FLR(M) — Appendix FM family route
* Sponsor (myself): British citizen
* No gaps in leave, no absences issues

There was no need to switch to the family route.
However an ILR application using form SET(O) as a skilled worker dependant still has to succeed.

The rules do not specify the route for the dependants, so any dependant route should count:

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

Thank you for your swift and helpful response — it's given us a much clearer picture.

We have two further questions about completing the SET(O) form:

1. Sponsor visa category — option not available
The form asks which visa the sponsor currently holds, but my current status as a British citizen does not appear as an option in the dropdown. The available options appear to be active visa categories only.

Given that my wife is applying as a Tier 2 / Skilled Worker dependant — and the dependant relationship was originally established under my Tier 2 visa — should she select "Tier 2 / Skilled Worker" as the closest applicable option, even though I no longer hold that visa? Or is there another way to handle this on the form?

2. Home Office reference numbers
The form asks for the sponsor's Home Office reference number(s). My full immigration history is:
* Tier 2 Leave to Enter (October 2019)
* Tier 2 Leave to Remain (February 2020 — employer switch)
* ILR (October 2024)
* British citizenship / naturalisation (April 2026)

Should she include all reference numbers, or only the most relevant one (e.g. ILR)? If the form only has a single field, which takes priority?

Many thanks again.


One last question, are you able to provide legal help in completing the form, or drafting the supporting letter to the home office citing the legal grounds? If yes, can you provide details on how to arrange this or get hold of you, or your company's services?

1. You should choose your previous status

2. You do not need to enter a reference number