FLR : You are most likely on a visa or have limited leave to remain if you are a non-British national residing in the UK. Both, regrettably, have limited applicability. You must ask the Home Office for an extension if you want to remain in the UK after this time.
You will be deemed to have overstayed if you do nothing before your permitted stay ends. You can request “further leave to remain” to get around this. Through this process, those with limited leave and visa holders can request an extension of their lawful stay in the UK via the Home Office.
Further, Leave to Remain: What Does It Mean?
Non-British nationals residing in the UK can prolong their stay beyond the initial validity of their visa or period of restricted leave to remain by using the UK immigration method known as Further Leave to Remain (FLR). It allows people to stay in the country for a predetermined amount of time, which is quite advantageous for those whose original leave to remain has already expired or is about to expire.
Each of the two FLR categories is designed to address a particular set of circumstances, such as marriage, family life, private life, or reliance on a British citizen or settled individual. These categories are denoted by particular codes, such as FLR (FP) for extensions based on family and private life and FLR (M) for extensions based on marriage.
It can be difficult to obtain additional permission to stay in the UK because there are frequently many requirements that must be met for your application to be accepted. Therefore, if you feel that the process is unclear, it is imperative that you obtain legal counsel from a team of immigration lawyers.
Types of Applications for Additional Leave to Remain
In order to apply for FLR, one must fulfil a number of qualifying conditions, such as proving one’s identification, proving one’s link to a British sponsor (if applicable), satisfying financial and accommodation requirements, and being proficient in English. Further Leave to Remain routes come in two varieties:
- FLR (M), or further leave to continue in the “M” category, is dependent on marriage.
- Additional leave to remain “F” and “P,” also known as FLR (FP), is dependent on private and family life.
FLR (M)
An applicant seeking to prolong their stay in the UK on the grounds of being a spouse or partner, dependent child of a British citizen, a settled individual on humanitarian protection or refugee leave, or both may complete the FLR (M) application form.
An application for a 30-month stay extension in the UK can be made via the FLR (M) route as a:
- Civil partner
- A partner of the same sex
- Spouse
- Unmarried spouse
- Child of a British parent or someone with permanent residency
- Parent of a British child or a child who has permanent residency
The duration of leave granted under the FLR (M) application is two and a half years. You may apply for an indefinite leave of remain (ILR), which is permanent residency, following a continuous stay under this leave for a minimum of five years. Typically, this is referred to as the 5-year road to ILR.
Applicants for FLR (M) must demonstrate to the Home Office that they fulfil the prerequisites for their category, such as:
- Records attesting to your identity.
- Indicate when you moved to the UK.
- Evidence of a connection to the British sponsor, such as a spouse or partner.
- The need for money
- Standards for accommodations.
- English language proficiency is required.
In summary, leave awarded under FLR (M) applications is often granted in accordance with the relevant UK immigration regulations.
Further Leave to Remain in Private Life or Family FLR (FP)
You can try obtaining further leave to remain using the FLR (FP) form if you don’t fit the conditions for FLR (M), are in the UK unlawfully or as an overstayer, and aren’t on a visa as indicated in the above selection. FLR (FP) is intended for those who do not meet the requirements for FLR (M) but would like to apply for a UK immigration extension or change their visa category in accordance with UK immigration regulations.
An example would be someone who has a British spouse or partner and a little child with them, but does not have a valid visa to enter the UK. They can attempt to obtain additional leave to stay through FLR (FP) if this is the case. You will be requesting a stay extension in the UK based on your private or family life when you complete the FLR (FP) form.
Those who do not match the FLR (M) requirements but are eligible for an exemption under Appendix FM of the UK immigration regulations are supposed to fill out this application form.
Applications for family life include those submitted as a guardian of a British child or as the spouse of an individual who has made the UK their home. Those who want to apply for further leave to stay under family life must adhere to the guidelines in Appendix FM of the UK immigration law.
Having someone who is married to a British citizen and has a child leave the country because their right to remain has expired, for instance, can be considered illogical. Through FLR (FP), the non-British spouse can request an extension of their leave. Such a person can prolong their stay in the country for an additional 30 months by requesting for leave to remain under family life.
However, granting such authorisation would be at the Home Office’s discretion. It can be suggested that he depart and apply from overseas. Since this is a human rights matter, he might be granted the opportunity to appeal so that he can present his case before an immigration judge.
Furthermore, you could not be eligible for a UK spouse visa if you divorced your British spouse but are still able to see your child together, or if your financial situation prevents you from doing so. Nonetheless, you can use FLR (FP) to request leave outside of the regulations based on your family life. This is due to the fact that your child is a part of your family.
Further Leave to Remain Under Private Life.
Other than a dependent, spouse, or spouse-like relationship, the applicant’s circumstances are the only factors taken into consideration while determining whether to grant additional leave to remain under the private life application.
If you meet articles 276ADE(1) and 276ADE(2) of the UK immigration rules part 7, you can request to prolong your stay in the nation legally through FLR (FP) if you have been in the country for a significant number of years, either legally or illegally.
For example, in order to be eligible for additional leave based on your private life, you must meet one of the following requirements:
1. If you are 18 years of age or older, at least 20 years of continuous unlawful (or a mix of legal and illegal) stay in the UK.
2. For a youngster under the age of eighteen who has lived continuously in the United Kingdom for at least seven years, at least seven years of continuous unlawful (or a combination of legal and illegal);
3. If you are between the ages of 18 and 24, you must have spent at least half of your life in the UK.
You will be permitted to remain in the UK for an extra 2.5 years (30 months) if the Home Office determines that your FLR (FP) application (on private life or family life) satisfies the requirements. You will have the same rights as people who are on leave to stay, including the ability to work, study, and reside in the nation during that time.
Indefinite leave to remain can be obtained through FLR (FP). This is a 10-year path to ILR, though, thus in order for your ILR application to be approved, you must reside in the UK for ten years in a row on a visa obtained through FLR (FP).
What Makes FLR (FP) Different From FLR (M)?
Those without settled status or indefinite permission to remain typically use FLR (FP) and FLR (M) petitions to request a lawful extension of their stay in the nation.
But there are two significant differences between the two applications. First, FLR (FP) requirements are outside the UK regulations, whereas FLR (M) leave is granted within the rules and is based on marriage, unmarried couples, or civil partners.
Second, if one stays in the UK continuously for the two given leave periods (5 years), two successful FLR (M) applications (as they are each 2.5 years long) may be sufficient to qualify for indefinite leave to remain. However, the FLR (FP) applications are a 10-year path to ILR. You may be granted discretionary leave to stay if you have entered the UK irregularly but otherwise meet immigration regulations, such as as an overstayer. However, you will be informed that you must renew your status under this category for a period of 10 years prior to applying for ILR.This implies that in order to be eligible for indefinite leave to remain, a person must have submitted at least four FLR (FP) applications in order to accrue ten years of continuous presence in the UK.
It can be difficult to decide which path is best for your application for further permission to stay in the UK. As a result, we advise you to see a legal professional in order to determine the best course of action for your unique situation. In light of this, our immigration lawyers are available to provide you with any advice you require on your subsequent application for leave to remain.
You can rely on us for the finest outcomes whether you need assistance choosing between the FLR (FP) and FLR (M) application, obtaining the required supporting documentation, or submitting either form. For prompt assistance, contact us right now.
Specific Conditions for UK Applications for Further Leave to Remain (FLR)
Your existing visa type will determine the conditions for Further Leave to Remain. The following are the necessary prerequisites for UK FLR applications, arranged by situation:
1. General prerequisites:
- A valid passport or other identity documents serve as proof of identity.
- Present Visa Status: Proof of a current visa or restricted leave of absence to the UK must be presented.
- Application Timing: Before the current visa or limited leave ends, you must submit an application for an extension.
- Compliance with Immigration Regulations: Applicants must abide by the UK’s immigration laws.
2. Marriage-Based FLR (spouse visa):
- Marital Status: Records attesting to a valid marriage.
- Financial Requirements: In order to request additional leave based on your family, you must be able to pay the required amount.
- Accommodation: Evidence of suitable housing in the United Kingdom.
- Proficiency in English: In accordance with the conditions of the spouse visa.
3. FLR Based on Private Life or Family:
- Proof of Relationships: Proof of a real relationship with a person in the UK is required for applicants for family visas.
- Life in the UK: Indicators of integration and UK life, like work or schooling.
- Humanitarian Grounds: Age, duration of stay in the UK, and other factors may be taken into account for applicants under the private life category.
4. Additional prerequisites:
- Guidelines for the Home Office: strict compliance with the guidelines provided by the Home Office for the visa application procedure.
- Leave to Enter or Remain: This needs to be considered if you have already been given permission to enter or remain.
- Immigration Health Surcharge and Fees: The payment of the relevant immigration health surcharge and fees.
Candidates must carefully consider their particular situation in order to choose the best FLR category. Knowing and fulfilling the conditions is essential whether you’re looking to renew your visa, ask for further leave based on your private or family life, or clear the path to reside in the UK.
You could need additional documents to fulfil the requirements of the specific visa, depending on your particular situation. Before applying for FLR, it is advised that you consult a knowledgeable attorney regarding immigration matters.
Documents Needed to Apply for UK FLR
A few key documents must be carefully prepared and submitted with the application for Further Leave to Remain (FLR). This is essential for a successful visa application and guarantees that you are eligible to remain longer in the UK. The list of documents that applicants may need to collect for their FLR application is shown below:
1. Individual Identification:
- A valid passport or travel document serves as proof of your nationality and identity.
- If applicable, a biometric residence permit that details your current visa or limited leave status.
2. Relationship Proof:
- If applying on behalf of a spouse or partner, a marriage or civil partnership certificate is required.
- Birth certificates: To demonstrate family ties, particularly if children are listed on the application.
3. Financial Proof:
- Banks Statements: Typically detailing the last six months.
- Pay stubs: These come from your company and, if relevant, show steady revenue.
4. Proficiency in English:
- UK life Test Certificate: For individuals who must demonstrate their proficiency in the English language and their awareness of UK culture.
- The results of an authorised test provider’s English language exam.
5. Details of the Accommodation:
- Verify your UK residence using a tenancy agreement or mortgage statement.
- Utility bills, such as those for gas, electricity, or water, might be used to substantiate your claims of residency.
6. Individual Statement:
- Describing your private or family life in the UK, together with your motivations for wanting to stay.
7. Work and Education:
- An employment letter is a document from your employer attesting to your position, pay, and duration of service.
- Course Information: If you are a student in the United Kingdom at the moment.
8. Application Forms for the Home Office:
- Completed, including your request for an extension or further leave.
9. Prior Experiences with Immigration:
- Any supporting documentation in the event that you have already requested an extension or other type of entry permission.
10. Health and Medical Data:
- Any required medical test results or certifications of health.
11. Proof of Payment:
- Payment receipt or confirmation for the FLR application and associated costs.
Verifying that all documents are current, genuine, and compliant with the Home Office’s criteria is essential to a seamless and easy application procedure to stay in the UK. Because immigration laws can be complicated, consulting a legal professional can increase your chances of success.
FAQ
1. How much time does the further leave to remain request take?
A decision on a Further Leave to Remain (FLR) application typically takes eight weeks. However, some cases may vary based on the precise circumstances of your visa and the Home Office’s workload. Additionally, it will take longer if there is a mistake or inaccuracy on the visa application.
2. What distinguishes indefinite leave to remain from subsequent leave to remain?
A temporary extension of visa status known as “Further Leave to Remain” (FLR) permits an individual to stay, work, or study in the UK for a predetermined amount of time. Indefinite Leave to Remain (ILR), on the other hand, confers permanent residency, allowing the bearer to work and remain in the UK indefinitely and to seek for British citizenship upon fulfilling certain requirements.
3. How early is it possible to request further leave to stay?
Typically, you have 28 days before your existing visa or limited leave to remain expires to apply for Further Leave to Remain (FLR) in the UK. To keep your legal status in the UK, you must apply before your current leave ends.
4. How much does it cost to apply for FLR in the UK?
The £1048 application price for FLR includes the £624 annual Immigration Health Surcharge fee. Depending on the type of visa and the individual’s circumstances, additional costs can apply.
5. Is further permission granted to stay permanently in the UK?
No, in the UK, further leave to remain, or FLR, is not permanent. You can live, work, and possibly study in the UK for a predetermined amount of time with this temporary extension. After fulfilling the requirements, you can apply for Indefinite Leave to Remain (ILR), which will grant you permanent residence.