FLR(M) Questions. Thank you ALL

[Jatpunjabi]

Hi guys. Thank you for all the help you have given to everyone over the years. I have few questions to which I am hoping you guys can help me with.
I am applying for spouse visa extension premium day service. I arrived in UK on 14/01/2014 on 33 months visa (married to a British wife). I think I can apply now as I have completed 30 months here.
1. FLR(M) 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? Yes/No - I think NO but please help. Thanks

2. 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.
1st option: 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)
Second Option: Second period of leave to remain (following initial grant of leave to remain).

I am sure its one of these two and I am leaning towards the first one but your advice would be needed.

3. If I want to combine employment and self employment income to meet the financial requirement which Category do I select?

4. If worse happens and visa gets refused and assuming the right of appeal is given. Would I have to leave the country to appeal and am I allowed to stay whilst waiting for appeal outcome?
Thank you guys in advance.

[michali]

OK. I always felt that the answer to the first question would be NO as you have already applied for a visa but apparently it is YES because you have not previously applied for an extension! It really is not clear.

Definitely the first option as you were previously given leave to enter, not leave to remain, so this is the first time for that.

Cannot help on your third question, sorry!

I would hope that you can remain in the UK while appealing. This bothers me too and I am not sure. (We are applying later this year)

[Jatpunjabi]

thank you michali. I was very confident it's NO for the first question. Let's see what other think. Thanks again

[SoHopeful]

In answer to your first question - I guess because the form is for further leave to remain and people get to this stage in a variety of ways, the questions are phrased in reference to that stage of immigration to cover all routes. So definitely 'No' if you're following the 5 year partner route.

Q3. In section 7A simply tick the boxes that apply for which categories you are relying on.

Q4. I would assume applicants could remain until the outcome of the appeal - but I never dwell on that process and luckily never had to, so take time to prepare your documents in the correct format (which I am sure you are) and stay positive!

[Jatpunjabi]

Thank you SoHopeful. I have been told by some frineds that you can stay in the country whilst waiting for an appeal outcome. Any senior member could confirm and also answer the questions please. Really appreciate your input guys.

[Jatpunjabi]

Any other opinion

[marcus12a]

Hi

I am applying for FLR M also for my wife and was confused at this question so I rang UKBA

Now an advisor there said the answer to 2.2 is yes and the tick boxes to chose in the next field is Second period of leave to remain.

When I asked her she said when you apply for first spouse visa your applying to remain as well which is the first period
Now you are at the second stage 2 half year down the line..

So it's the second stage.

[Jatpunjabi]

Hi

I am applying for FLR M also for my wife and was confused at this question so I rang UKBA

Now an advisor there said the answer to 2.2 is yes and the tick boxes to chose in the next field is Second period of leave to remain.

When I asked her she said when you apply for first spouse visa your applying to remain as well which is the first period
Now you are at the second stage 2 half year down the line..

So it's the second stage.

Thank you marcus. This is interesting. If we answer YES to 2.2 then we're saying we're applying for the first time for visa or extension. Then surely we can't say it's second period of leave to remain. I mean YES (2.2) and second period of leave to remain (2.3) contradict each other.

[Jatpunjabi]

Anyone whom had successful application and can remember the answers please help. Thanks