SET LR advice

[ssasi2020]

Hi all,
I came to the uk in 2009 on tier 4. Subsequent extension until 2015 then switched to flr fp 10 years. Then switched to 5 years route in 2018. My ilr under flr m isn't due until 2023. But i am eligible for set lr. But i am bit scared with set lr. What if they carry out good character checks. There might have 322 (3) in the past. I am certainly not proud of it.There must be other people on this group, who been through the struggle in around 2012 when Teresa may unilaterally changed the working rights of students who were in private colleges.
Am i over reacting?

Should i wait until 2023. I know its 3 more years. Ican't change the past. But i need to make sure i make the right decision. Otherwise, can't afford to wait for another 10 years.
Please advise.

[zimba]

Any recordable offence will affect ILR under ANY route but if you want to know for how long, then it all depends on the offence and the court verdict. What was the offence you committed ?

[ssasi2020]

Any recordable offence will affect ILR under ANY route but if you want to know for how long, then it all depends on the offence and the court verdict. What was the offence you committed ?

I have extended my all visa without any problem. So i am not sure if they are aware of this breach. (At least that's what I think ). But in set lr , there is a question asking if you have worked contrary to the terms. That's what freaking me out. If i say yes , i am in trouble, and if i say no and they carry out extra checks then i am in trouble. Its a huge risk!!!
When i was still student ,Worked for a year , where NI was involved.

[CR001]

You worked for a year, more than 20 hours per week, and did not study??

Very clearly a breach of your student visa conditions.

[ssasi2020]

You worked for a year, more than 20 hours per week, and did not study??

Very clearly a breach of your student visa conditions.

I studied. Completed my course. I worked 20 hours but i was with private college so no work was attached.

[zimba]

UKVI will do checks to see if you breached your visa conditions before or not. If there was a breach, your ILR will be refused

[ssasi2020]

UKVI will do checks to see if you breached your visa conditions before or not. If there was a breach, your ILR will be refused

Ok. What if i apply for set m, the rule says general ground for refusal doesn't apply. 320 (11) , still applies which is breaching the condition, but it has to be together with other aggravating circumstances.
Am i right to say i am safe in this instance coz there isn't any aggravating circumstances in my case.
Will set m go through and not gonna show anything for citizenship afterwards. Please advise. Thank you.

[seagul]

But in set lr , there is a question asking if you have worked contrary to the terms.

Maybe you come across with same question on set (M) application as well under past immigration history.

[ssasi2020]

But in set lr , there is a question asking if you have worked contrary to the terms.

Maybe you come across with same question on set (M) application as well under past immigration history.

No, i had a look there isn't that question.

[seagul]

But in set lr , there is a question asking if you have worked contrary to the terms.

Maybe you come across with same question on set (M) application as well under past immigration history.

No, i had a look there isn't that question.

Some places its reworded as "have you ever breached the visa condition". Despite all that there were a lot of students who never had issue in similar circumstances but equally a lot of them got refusals especially where in past they were questioned and identified.

[zimba]

UKVI will do checks to see if you breached your visa conditions before or not. If there was a breach, your ILR will be refused

Ok. What if i apply for set m, the rule says general ground for refusal doesn't apply. 320 (11) , still applies which is breaching the condition, but it has to be together with other aggravating circumstances.
Am i right to say i am safe in this instance coz there isn't any aggravating circumstances in my case.
Will set m go through and not gonna show anything for citizenship afterwards. Please advise. Thank you.

ILR is not the same as simply getting a visa. While family routes are more relaxed, any breach will affect the ILR even under family routes unless such a breach happened a long time ago and discretion is applied.

[ssasi2020]

But in set lr , there is a question asking if you have worked contrary to the terms.

Maybe you come across with same question on set (M) application as well under past immigration history.

No, i had a look there isn't that question.

Some places its reworded as "have you ever breached the visa condition". Despite all that there were a lot of students who never had issue in similar circumstances but equally a lot of them got refusals especially where in past they were questioned and identified.

I was never questioned... and never identified ( i guess) . But i am not sure whether the risk is worth taking. And if i wait till 2023 for set m. That breach not gonna be in last 10 years. That could help.

Its so disappointing to be in a situation like this when i have lived in this country for 11 years legally. 1 mistake and boom that ruins your life!!!!

[zimba]

If you can afford it, it may be worth to take the risk. However be prepared mentally to face refusal and lose your money

[ssasi2020]

If you can afford it, it may be worth to take the risk. However be prepared mentally to face refusal and lose your money

If it was just losing the money, that wouldn't be the big deal . If it gets refused, what would be my option? Could i still continue on my family life visa and apply for set m in 2023?
option. Would that also mean i will have to wait until 2030 before i can apply for citizenship?

[zimba]

Your current visa remains unaffected. Generally ILR/citizenship is refused unless at least 10 years have passed since you worked without permission

[ssasi2020]

Your current visa remains unaffected. Generally ILR/citizenship is refused unless at least 10 years have passed since you worked without permission

Thank you for your input zimba. What you saying is interesting. So, lets say i have flr fp under 5 years , from 2018 and due extension in end of 2020. And set m will be due in 2023.
If i decide to apply for set lr in February 2020, but
They refuse it for 320( 3). You are saying it won't affect my flr fp leave thats until November 2020? Does that also mean i can apply for flr fp extension in November 2020?
Will the reason for refusal for set lr, will affect my future visa application under family route. Please advise. Thanks

[seagul]

Also order your employment history from HMRC to check that whether your employer was paying your taxes during that time.

[zimba]

This should not affect any visa application except for ILR

[ssasi2020]

This should not affect any visa application except for ILR

I was going through family policy published for home office staff state, people making an application under appendix FM are not subject to the general ground for refusal except for the provisions in paragraph 320(3), (10), and (11) . These provisions only apply to application for entry clearance.

Does that mean my 320(3) won't affect my leave to remain extension or ilr application? ( even if they find out) . Please advise. Thanks.

[zimba]

Why focus only on general grounds for refusal ? How about the fact that you can be refused under long residence rules ??
For long residence you must also satisfy the requirements under paragraph 276B of the rules. You still must satisfy the lawful residence and no breach of the immigration rules requirement there too.

[ssasi2020]

Why focus only on general grounds for refusal ? How about the fact that you can be refused under long residence rules ??
For long residence you must also satisfy the requirements under paragraph 276B of the rules. You still must satisfy the lawful residence and no breach of the immigration rules requirement there too.

Ok but i am opting for set m. In this case i will be ok right? Thanks

[ssasi2020]

Hi all,
I just wanted second opinion from seniors. I am advised by solicitor that if my set lr gets rejected because of breach in the past, i will still be offered flr fp parent under 10 year (subject to NHS fee) And then i can vary it to flr fp 5 years parent route before they grant me under 10 years( given i meet maintenance , accommodation and language). And when they grant 30 months under 5 years that i can add to the 30 months i have already spent. And i should be able to apply for settlement in 2023 under 5 year parent route. Is this too good to be true? Or actually true possible scenario.
Thank you.
My basic background- in the uk for last 11 years . Currently under flr fp parent route since 2018.

[ssasi2020]

hi, if i am married but not together with partner, informally separated, what will be my relationship status for ukvi form? ( married or separated)
Thanks

[zimba]

Your were advised previously on your query regarding SET(LR). If you are under 5-year parent route, you can get ILR in 2023 if you satisfy all the requirements. Your status must be separated.

[ssasi2020]

Your were advised previously on your query regarding SET(LR). If you are under 5-year parent route, you can get ILR in 2023 if you satisfy all the requirements. Your status must be separated.

Thank you zimba. Can you please explain me ' your status must be separated ' part. I am confused on that . Thanks