Switching between SET(F) Application and FLR(M) application

Hi,

I am British Citizen by Naturalization .. I got my citizen ship on 8th Jan 2013. My wife and Kid came to uk on 23rd Aug 2012 as Dependents of settled person (27 months) , now both are eligible for ILR but due to her health conditions and family related resons my wife wants to go back to India. I applied for FLR(M) for my wife and thought of applying ILR for my kid via SET(F) as my wife is happy to hand over the responsibility of the kid to me. I already booked an premium service appointment for my kids ILR (1st Nov). My kids visa expiring on 2nd November

My question is if case worker isn't convinced about my kids ILR application (SET(F)) ,is it possible to switch to FLR(M) on same day??

I am planning to take copy of FLR(M) as well.

If I can't do it ..will my kids stay become illegal till I apply FLR(M) again??

Thanks in advance
Ranjith

It didn't make any sense for your wife to apply for FLR(M), if she qualified for SET(M). The requirements for FLR(M) and SET(M) are practically identical, except for the Life in the UK test and B1 English that are the extra requirements for SET(M) (285, 288)

Moreover, if she had applied for FLR(M), then your kid should have been included in her FLR(M) application, as s/he wouldn't qualify for ILR without her (299), unless your kid was born in the UK (306). If she givies you sole responsibility, then this would also complicate her FLR(M). They may question her intention to live with you in the UK.

However, with ILR, they would be subject to the Returning residents rules and could subsequently be absent from the UK for almost two years.

Dear Vinny .. Thanks for your reply

She already got her visa till October 2016 . She will be coming once every thing is settled in india .. in worst case scenario I will apply for entry clearance visa. I want my kid to stay here with me and I already made necessary arrangements.

I just need clarification on below points

1) if case worker isn't convinced about my kids ILR application (SET(F)) ,is it possible to switch to FLR(M) on same day??

2) If I can't do it ..will my kids stay become illegal till I apply FLR(M) again??

Thanks

1. Ask the caseworker. Although dependent children may for apply for limited leave independently, I'm not sure which form they should use.
2. Your child will become an overstayer if he remains within the UK after expiry of leave and there was no in-time valid immigration application pending.