Section 2 of FLR M Form

[Ladamcut]

Hi all,

I'm having doubts about Section 2 of the FLR M application form. My wife was given a 33 month visa in 2013 so she will need to reapply for a new visa before the current visa expires at the end of August (as an aside, do we need to apply within 28 days of the expiry or is that not necessary for the 33 month visa?).

I'd appreciate some guidance on Section 2.

Section 2 asks "2.2 Is this the first time you have applied for a visa or extension of stay in one of the above
categories (including previous leave granted as a fiancé(e) or proposed civil partner) with your
current sponsor?"

My feeling is the answer to this question (for us) is "NO" since we applied for a "visa" previously in 2013 for her initial entry to the UK. Is that right?

Section 2 also asks "2.3 Please indicate what stage of extension of leave you are applying for or why you are choosing to extend your current leave in one of the above categories.

a. First period of leave to remain (following an initial period of entry clearance as a partner of a
settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil
partner of a settled person - 6 months)
b. Second period of leave to remain (following initial grant of leave to remain).
c. You are making a first application from within the UK but have not previously had leave to
enter/remain as a partner."

While this will be my wife's second visa on the 5 year route, the initial visa was applied for outside of the UK and so I can only think the answer for us is "a.". My logic here is that the first visa didn't entitle her to "remain" in the UK since she was not here when she applied for it. Therefore, this application is for the first period of "leave to remain". Once again, is that right?

Many thanks in advance for your help!

[michali]

I agree with everyone your answers. 2.2 is not very clear but I read it as you do,