Further Leave to Remain: What is FLR(M), FLR(IR) and FLR(FP)?

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 on 020 3744 2797 or email us info@reissedwards.co.uk.

What is FLR (M)?

FLR(M) form is used to apply to remain in the UK as a family member. FLR(M) is used by family members, partners, and children of a:

• British national
• person settled in the UK (i.e. a person with ILR)
• person with EU Settlement Scheme pre-settled status
• person who has UK refugee leave or humanitarian protection
• person who has a Turkish ECAA worker or business person visa

If your FLR(M) application is approved, you will be able to stay in the UK for a further 30 months, at which time you should be able to apply for ILR (for example, you can apply for ILR After 5 Years as a Spouse Visa holder).

This form can also be used by parents of a child who is a British citizen, settled in the UK, or who has EUSS pre-settled status. Parents can also use this form if they have a child who has been living in the UK for 7 years continuously or more, and it would be unreasonable for them to leave the UK.

Children can apply using FLR(M) if:

• they have a parent in the UK with ILR (or ILE) as a partner or parent of a person who is settled in the UK, has pre-settled status, or is a person with a Turkish ECAA worker or business person visa
• they will be living in the UK with a person who was granted leave to remain on the basis of their family or private life in the UK
• there are compelling reasons to stay in the UK. In addition, suitable arrangements have been made for the care of the child in the UK.

FLR(M) supporting documents

You will be asked to provide a number of supporting documents with your FLR(M) form, these typically include:

• Passport
• Evidence you meet the financial requirement for your family visa (the minimum salary threshold, plus £3,800 for one child, and £2,400 for each additional child).
• Proof of your relationship (e.g. marriage certificate, civil partnership certificate, birth certificate)
• Proof you are still with your partner and living together in the UK (for a spouse visa extension) – this may include a tenancy agreement, utility bills or council tax bills confirming that you live at the same address
• Details of any criminal convictions
• Evidence you meet the English language requirement (e.g. pass certificate for an approved English language test)

What is FLR (IR)?

FLR(IR) form is used to apply to extend your existing visa to stay in the UK. This form is used for specific categories of visa extensions, including:

• visitors (except transit, Approved Destination Status, and Permitted Paid Engagements visitors)
• UK ancestry
• domestic workers in a private household
• domestic workers who are a victim of slavery or human trafficking
• parents of a Child Student
• dependant joiners who are applying separately from the main applicant – dependants of a person who has limited leave to enter or remain in the UK, not including dependants of a person with leave under the points-based system or dependants of a person in the UK with leave on the basis of family or private life
• relevant civilian employees
• members of an Armed Force who is subject to immigration control (course F)
• dependants of a member of Armed Forces which are not HM Forces (dependants of a member of HM Forces should complete FLR(AF)
• representatives of an overseas business

If your visa type is not listed above, it is likely that you will need to use a different application form. It is essential that you choose the correct form when applying, as failure to do so will very likely lead to a visa refusal and a loss of your application fee.

Applicants are advised not to use form FLR(IR) if they need permission to stay in the UK on the basis of family life as a partner or parent or on the basis of their private life in the UK (human rights claim). In this case, a family visa application form should be used. The form should also not be used if applying with a fee waiver.

If your extension is granted, the amount of time you will be able to stay will depend on the type of visa you hold. For example, if you extend your Ancestry visa, you can stay for another 5 years, and if you extend your representative of an overseas business visa, you will be able to stay for an additional 2 years. In some cases, once you have acquired an extension of your visa, you will be able to apply for ILR after 5 continuous years in the UK.

FLR(IR) supporting documents

You will be asked to provide a number of supporting documents with your FLR(IR) form, these typically include:

• Passport
• Copies of the photo page and any visa or entry stamps in your previous passports
• Full birth certificate
• Proof of onward travel (if you are extending your visitor visa)
• Proof of your relationship (e.g. marriage certificate or child’s birth certificate)
• Evidence of sufficient support funds while in the UK
• Details of any criminal convictions
• Evidence of being a dependant child (e.g. bank statement)

Because form FLR(IR) is used for such a wide range of visas, it is important to check which documents you will need to provide with your application.

What is FLR (FP)?

Form FLR(FP) is used to extend your stay on the basis of your family or private life, but only in certain circumstances. As such, this is used mainly for applications based on human rights. This form is used by those applying to extend their stay in the UK on the following routes:

• family life as a partner (10-year route)
• family life as a parent (5 year and 10-year routes)
• dependent child of a person who has (or is at the same time applying for) limited leave to remain (or enter) in the UK but not under the points-based system or UK Ancestry (10-year route)
• private life in the UK (10-year route)
• leave outside the rules on the basis of family or private life

If your FLR(FP) application is approved, the amount of additional leave you are granted will depend on the type of visa you are extending. Once you have secured your visa extension, you may be able to apply for ILR to settle permanently in the UK.

FLR(FP) supporting documents

You will be asked to provide a number of supporting documents with your FLR(FP) form, these may include:

• your passport
• copies of the photo page and any visa or entry stamps in your previous passports
• a copy of your BRP
• details of previous immigration applications made
• details of any criminal convictions
• tuberculosis test results (if required)
• partner’s details including any people your partner was previously married to, in a civil partnership with, or had children with, evidence of marriages ending, a divorce certificate, and anyone your partner supports with money, for example, their parents
• proof you are still with your partner and living together in the UK (for a spouse visa extension) – this may include tenancy agreement, utility bills, or council tax bills confirming that you live at the same address

This list of possible documents is not exhaustive; the documents you will need to provide will be provided based on your exact circumstances and the type of visa you are extending.

Differences between FLR (M), FLR (IR), FLR (FP)

There are a number of key differences between the FLR (M), FLR (IR), FLR (FP) applications for further leave to remain.

It is important to use the correct application form when applying to extend your visa and avoid jeopardising your stay in the UK. Speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or email us info@reissedwards.co.uk.