Further Leave to Remain Application involves lengthy and difficult forms, stringent requirements, and no room for error. The Home Office is unforgiving regarding mistakes or incomplete applications, often resulting in delays or rejections.
This is where Cromwell Wilkes, the best immigration lawyer in London, comes in. With our expert guidance throughout the process, your chances of a successful outcome are quadrupled. Our comprehensive support ensures that every detail is meticulously handled, giving you peace of mind and a higher likelihood of legally extending your UK stay.
What Does Further Leave to Remain Mean?
Further Leave to Remain (FLR) is a UK immigration route that allows non-British nationals living in the UK to extend their stay beyond the initial validity of their visa or period of limited leave to remain. This is crucial for those whose leave is nearing expiration or has already expired*, enabling them to live in the UK for a specified duration legally.
*in exceptional circumstances
Types of Further Leave to Remain Applications
There are two main categories of FLR applications, each catering to different circumstances:
FLR (M)
The FLR (M) form is for individuals seeking to extend their stay based on their relationship with a British citizen or settled person. This includes:
- Spouses
- Unmarried partners
- Civil partners
- Same-sex partners
- Dependent children
- Parents of British children or children with indefinite leave to remain
Applicants under FLR (M) can extend their stay for 30 months. After five years of continuous residence on this basis, they may apply for Indefinite Leave to Remain (ILR), leading to permanent residency.
FLR (FP)
The FLR (FP) form is for those who do not qualify under FLR (M) but wish to extend their stay based on family or private life. This category includes:
- Individuals who have a family life with a British citizen or settled person
- Those who have lived in the UK for a significant period
- People who can argue their case under humanitarian grounds or exceptional circumstances
FLR (FP) applications can lead to a 30-month extension, with the possibility of applying for ILR after ten years of continuous residence.
Detailed Requirements for Further Leave to Remain Applications
To apply for FLR, applicants must meet various criteria and provide comprehensive documentation. Here are the detailed requirements:
General Requirements
- Identity Documents: A passport or travel document that is valid.
- Current Visa Status: Evidence of a valid visa or limited leave to remain in the UK.
- Application Timing: Submission before the current visa or leave expires.
- Compliance with Immigration Rules: Adherence to UK immigration regulations.
FLR (M) Specific Requirements
- Marital Status: Proof of a legal marriage or partnership.
- Financial Requirements: Meeting the financial threshold to support yourself and any dependents.
- Accommodation: Proof of adequate housing in the UK.
- English Language Proficiency: Evidence of meeting English language requirements.
FLR (FP) Specific Requirements
- Relationship Proof: Evidence of a genuine relationship with a British citizen or settled person.
- Life in the UK: Evidence of integration, such as employment or education.
- Humanitarian Grounds: Relevant documents supporting any humanitarian or exceptional grounds for the application.
Documents Required for FLR Application
Gathering the necessary documents is critical for a successful FLR application. Below is a list of documents you may need:
Personal Identification
- Valid passport or travel document
- Biometric Residence Permit (if applicable)
Proof of Relationship
- Marriage or civil partnership certificate
- Birth certificates for dependent children
Financial Evidence
- Bank statements (typically covering the last six months)
- Pay slips from your employer
English Language Proficiency
- Life in the UK Test Certificate
- English language test results from an approved provider
Accommodation Details
- Tenancy agreement or mortgage statement
- Utility bills (e.g., gas, electricity, water)
Personal Statement
- Outlining details of your private or family life in the UK and reasons for wishing to remain
Employment and Study
- Employment letter from your employer
- Course details if you are studying
Home Office Application Forms
- Fully completed forms detailing your request for an extension
Previous Immigration History
- Documents related to any previous applications
Health and Medical Information
- Necessary health certificates or medical test results
Payment Proof
- Receipt or confirmation of payment for the FLR application and related fees
Differences Between FLR (FP) and FLR (M)
Understanding the distinctions between FLR (FP) and FLR (M) is essential for choosing the right application route:
- Basis of Application: FLR (M) is based on marriage or partnerships, while FLR (FP) is based on family or private life.
- Route to ILR: FLR (M) applicants can achieve ILR after five years, whereas FLR (FP) applicants must complete ten years.
FAQs
What happens if my application is rejected?
You may have the right to appeal or reapply if your application is rejected. It’s important to seek immigration legal representation to understand your options and strengthen your application.
How long does the FLR application process take?
The processing time can vary case to case, but typically, it takes 8-12 weeks. It is advisable to apply well before your current leave expires.
What happens if my visa expires before my new visa is granted?
Don’t worry, as long as you submitted your new application before your visa expired, your right to live, work and rent in the UK will be unaffected by virtue of Section 3C Leave.
Can I work while my application is being processed?
Yes, you can continue to work under your current visa conditions while your FLR application is pending.
What if my circumstances change during the application process?
Inform the Home Office immediately if there are any significant changes in your circumstances, such as changes in employment or marital status.
Get Expert Help From the Best Immigration Lawyers in London
Applying for Further Leave to Remain is critical for many non-British nationals wishing to extend their stay in the UK. Understanding the requirements and preparing a comprehensive application can significantly increase your chances of success. At Cromwell Wilkes, our expert immigration lawyers are here to guide you through every step of the process.
For the best results and to ensure your application is handled with the utmost expertise, trust Cromwell Wilkes—the best immigration lawyer in London. Contact us now to secure your future in the UK.
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