SET(M) or SET(O)

[jj12acj]

Dear admin,
I am currently on spouse visa via the 5-year FLR(M) route. I have renewed it once 2.5 years ago without issues. My visa is running out soon and I thought I should use the SET(M) form for settlement. However, when I used the automated questionaires online on the UKBA website, I was told to use the SET(O) form as my husband acquired his ILR in 2011 via 5 year working route visa. Also, we have a 14 month old child who I assumed is automatically British as she was born to a partner who has ILR. The SET(M) form doesn't seem to have a place for me declare that I have a child as section 2c states that I should only complete this section if I am a single parent (which I am not) and section 3 states that I should only provide details if a child under the age of 18 is living with me in the UK AND applying for indefinitely leave to remain as my dependent.(she is not applying for ILR as she is already British?). Please advise. Thank you very much.

[CR001]

Presumably you applied for your first spouse visa AFTER you husband got ILR. You can only therefore apply in Set(M) as you do not hold a PBS dependent visa to be able to apply on Set(O).

Re your question on children, you complete question 3.6.

[jj12acj]

Dear CR001,
Yes I applied for spouse visa after my husband acquired his ILR. And thank you for letting me know where to fill up regarding my child. You are amazing. Thank you for your help. Really appreciate it.

[CR001]

You're welcome. Feel free to ask any further questions you have in this topic.