FLR (Further Leave to Remain) in UK

We are frequently contacted by further leave to remain applicants who are unsure of the process they need to follow, the form they need to complete, and the documents they need to supply. This is understandable given the terminology and acronyms used by UKVI, which to the uninitiated may have no meaning. In this article, we will explain who should use the FLR(M), FLR(IR), and FLR(FP) forms when applying for a visa extension and how to apply.

 

What is Further Leave to Remain?

 

Further leave to remain, or FLR means to extend a visa that is due to expire. All visas have an expiry date, but if you plan to stay in the UK for longer, it is essential to take action, either by applying for a different visa or further leave to remain.

The process of applying for further leave to remain and the form you will need to use will depend on the type of visa you hold. It is important to use the correct form when applying for a visa extension, as this will ensure your application is not rejected on the basis of validity. Furthermore, by not using the correct application form when applying for further leave to remain, you may put your plans for Indefinite Leave to Remain (ILR) in jeopardy. This is because if your application is refused and your visa has expired while waiting for a decision, you may be required to leave the UK. Below we will explain the 3 main forms used when applying for further leave to remain, FLR(M), FLR(IR), and FLR(FP).

If you are unsure which form to use or if you need assistance with your further leave to remain application, speak to our immigration lawyers for a free telephone consultation, email us info@allimmigration.co.in

 

Who should apply for further leave to remain?

If you are currently in the UK under a spouse or partner visa, you will need to apply for further permission to be able to stay beyond the expiry date of your visa. You must also ensure that any dependent children apply at the same time, in this way enabling your family to stay together. The fact that you may be living with someone who has the permanent right to live in the UK, free from immigration restrictions, does not automatically entitle you or any children to the same. You must still make a valid application, and be able to satisfy the Home Office caseworker dealing with your application that you meet the relevant requirements.

In the context of immigration, family situations can be more complex than standard visa routes, where the UK Immigration Rules provide specific immigration routes for family members to remain in the UK with their loved ones, including FLR(M) and FLR(FP). The acronym FLR (M) stands for ‘further leave to remain in the marriage category’, while FLR (FP) refers to the ‘family’ and ‘private life’ provisions under UK immigration law.

If you are applying to extend your stay in the UK as the partner or dependent child of someone settled in the UK, or who is a refugee or under humanitarian protection, you can use the FLR(M) route. If you are applying on the basis of your family life in the UK as a partner, parent or dependent child, or on the basis of your private life, you will need to use the FLR(FP) route.

 

When should you apply for further leave to remain?

When applying for further leave to remain, especially under FLR(M), you must apply prior to expiry of your existing leave. If your visa expires before you have submitted an application to extend your permission to stay, you will be classed as an overstayer. As an overstayer, you will be in breach of UK immigration laws, leaving you

 

at risk of removal. Depending on when you leave, and whether you do so voluntarily, you may also face a ban on re-entry.

However, there is an exception under the rules, known as the 14-day rule. Under this rule, you may still be able to make an extension application, provided you make the application within 14 days of expiry of your previous grant of leave ‘and’ you have a good reason as to why the application could not be made in time. This must be something that was outside your control. Examples of good reasons include being admitted to hospital for emergency treatment or a close family bereavement. If you forgot about your deadline, or you were too busy with work or studies, these are unlikely to be considered a good reason which was beyond your control.

The Home Office does not routinely notify or remind visa-holders of their visa expiry date, where it is your responsibility to monitor how much time you have left on your visa and when an application should be made to extend your stay.

 

Need assistance?

All Immigration are specialists in UK immigration, working closely with individuals to provide guidance and support through Home Office applications including all types of leave to remain and Indefinite Leave to Remain applications. Contact us for specialist advice info@allimmigration.co.in