# FLR (M) time! Help on few questions



## liam85 (May 24, 2012)

Hi everyone, 

I have a few questions about my wifes FLR M form. I'l get straight into it.

My wife was here on a fiancee visa which was considered under pre 09/07/12 rules, therefor the rest of our application until ILR is also considered under these rules I believe.



> 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* _(Because she has previous leave as fiancee)_
> 
> *If you answered No, go to question 2.3 *
> ...


Section 2.2 I presume I tick No. I am at a complete loss as to what I put for section 2.3, this is because the whole first period of flr and second period thing doesn't apply to us. We just do 2 years or flr then straight to ilr.

Anyone know the way forward?

Section 4..

We have a child together who was born in the UK so isn't subject to immigration control so I presume I ignore section 4 - Dependent children who are applying with you. However the first question is Do you and your partner have any children together? Obviously we do but answering yes to that questions then requires you to fill out the rest of section 4 which I believe is not applicable because our son isn't subject to immigration control.

Any help would be much appreciated.


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## Leanna (Oct 22, 2012)

For your first question, this is your category:

_First period of leave to remain (following an initial period of entry clearance as a partner of a settled person - 33 months, or following an initial period of entry clearance as a fiancé(e) or Proposed civil partner of a settled person - 6 months) _

She is applying for her first period of leave to remain (FLR) after her initial period of entry clearance as a fiance(e). So that's your section, there. Even though you are under the so-called 'old rules', this answer is still appropriate to you.  

Regarding your section question about Section 4, I'm afraid I'll have to let someone else ring in on that one as I'm unfamiliar with applying with children, even if they aren't subject to immigration control.


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## WestCoastCanadianGirl (Mar 17, 2012)

Crikey... I had to pull the application form up to have a look at it and refresh my memory... I filled it in back in November and I've forgotten so much already!!

For 2.2, you are going to want to pick

_*NO*_

and then choose



> 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)


Once you've ticked that box, turn the page and go on to Section 3.

Ignore Section 4... pretend that it isn't there. It does not apply to you. 

This is for any children who were _not_ born in the UK.

Do not look at section 4... failure to do so will result in a fried brain. 


Good luck to you and your wife!


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## Joppa (Sep 7, 2009)

You really have to read the questions several times to be able to answer correctly.

_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?_

You answer *Yes*, and move to Section 3. It's because this is the first time your wife is applying for a visa (FLR as partner/spouse) after getting her previous leave as a fiancée. 

In Section 4, you answer:

_4.1 Do you and your sponsor have any children together?_
*Yes*

_4.2 Do you have any children whose parent is not your sponsor?_
*No*

4.3 Does your sponsor have any children living in the UK whose parent is not you?
*No*

4.4 If you have answered yes to question 4.3 are any of these children subject to immigration control?
Leave blank

Then complete the details of your child under 4.6. Answers you give (such as nationality) will make it clear that he doesn't need a visa.


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## Joppa (Sep 7, 2009)

Leanna said:


> For your first question, this is your category:
> 
> _First period of leave to remain (following an initial period of entry clearance as a partner of a settled person - 33 months, or following an initial period of entry clearance as a fiancé(e) or Proposed civil partner of a settled person - 6 months) _
> 
> She is applying for her first period of leave to remain (FLR) after her initial period of entry clearance as a fiance(e). So that's your section, there. Even though you are under the so-called 'old rules', this answer is still appropriate to you.


This is incorrect. First/Second period of leave refers to the new rules which you aren't subject to. As I've said, answer Yes to 2.2 and move to next section.


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## Joppa (Sep 7, 2009)

WestCoastCanadianGirl said:


> Crikey... I had to pull the application form up to have a look at it and refresh my memory... I filled it in back in November and I've forgotten so much already!!
> 
> For 2.2, you are going to want to pick
> 
> ...


As I have said, answer Yes.



> Once you've ticked that box, turn the page and go on to Section 3.
> 
> Ignore Section 4... pretend that it isn't there. It does not apply to you.
> 
> ...


Do not leave Section 4 blank if you have a child (any child, of any nationality, even if applicant or sponsor isn't the parent). Answers you give under 2.6 make it clear whether they need a visa or not. UKBA want all the facts, even if you know they don't need a visa.


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## Leanna (Oct 22, 2012)

Joppa said:


> This is incorrect. First/Second period of leave refers to the new rules which you aren't subject to. As I've said, answer Yes to 2.2 and move to next section.


Good to know. My bad. I assumed that the OP should answer the question the same way I had for my FLR (M).


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## Joppa (Sep 7, 2009)

Remember this is the new form issued in December so it's different from the one you may have completed.


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## Leanna (Oct 22, 2012)

Joppa said:


> Remember this is the new form issued in December so it's different from the one you may have completed.


No it's the same form but I'm on the new rules so I answered NO to the question and then ticked the option stating that I was applying for a period of leave to remain following an initial period of leave to enter as a fiancee.


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