My wife is applying for leave to remain using paper form FLR(M) and we have some questions about the form.
The situation: I came in to UK on PBS Tier 2 visa in 2012. My wife (then girlfriend) also came in to UK on PBS Tier 2 visa in 2012. These were independently obtained. We got married in 2014. In 2016, my wife succesfully switched from PBS Tier 2 to PBS dependant status, based on our marriage. In April, 2018 we both applied for ILR as we had spent over 5 years here (I applied via 5 year Tier 2 route and my wife as my dependant). I got my ILR, but my wife was refused
because she has not spent 5 years on a partner visa (since till 2016 she was on her own Tier 2 visa). So now she is applying via FLR(M). She needs to do this before her current BRP expires.
We are confused about questions 2.2 and 2.3.
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?
Should this be yes or no? As mentioned, she is currently on a PBS dependant leave to remain status as my dependant. As this was obtained when I was not a settled person (I got my ILR last month) so technically it seems to be no, but it also feels that it could be yes because her current leave to remain is as my partner.
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.
Again not sure whether it should be
You are making a first application from within the UK but have not previously had leave to
enter/remain as a partner of a settled person, or person who is in the UK with refugee leave
or humanitarian protection or a child of a person who has limited leave as the partner of a
settled person or person who is in the UK with refugee leave or humanitarian protection.
or
Second period of leave to remain (following initial grant of leave to remain as a partner of a
settled person or person who is in the UK with refugee leave or humanitarian protection, or
as a child of a person who has limited leave as the partner of a settled person).
Please help as we have our appointment at Premium centre next week. Thanks to all.