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Discussion Starter · #1 ·
Does anyone have updated advice for these questions? The search function shows considerable disagreement in the past, and some regular posters advising different options in different posts.

It seems that whatever is selected people have been successful, so perhaps I shouldn't worry about it.

Situation - spouse currently on 33 month settlement visa which was applied for abroad. Now looking to extend this after 30 months in UK.

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

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.

First period of leave to remain (following an initial period of entry clearance 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 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 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).


My current thinking is No and "First period", but I could easily see that it could be Yes and / or "Second period".
 

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I think the general consensus is 'no' and 'first period of leave to remain' ( when you came in on the spousal visa, you were given leave to enter, not leave to remain.) We chose 'no' and 'first period of leave to remain’ and we got the visa.
 

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It's normally No and First Period. It would only be Yes if you are switching from another visa/leave to family route, and Second Period usually only if you are going for ILR (settlement) at the end of the leave you are applying for (i.e. you have been here for 30 months already on 5-year route)..
 

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Discussion Starter · #5 ·
Thanks for the replies.

Joppa, my spouse has been here for 30 months already, so would be going for ILR at the end of the leave we are applying for. Therefore, you recommend the Second Period option?

I would have thought that was quite a common situation. If that is the case, presumably the First Period only applies on fiance visas?
 

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How did she enter UK, as spouse or fiancée? If it was spouse as you describe, then that was the leave to enter, not to remain, so her application is for the First Period. Second Period is normally for those who first entered as fiancé(e), or switched out of another visa like study or work.
 
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