What is Further Leave to Remain FLR(FP) Visa Application?

FLR(FP) Visa allows individuals to extend their stay in the UK. It serves those who wish to remain in the country based on family life or private life grounds. The visa ensures that applicants can maintain relationships or continue their established private life in the UK. 

Cromwell Wilkes, the best immigration lawyer in London, created this guide. It explains everything you need to know about acquiring an FLR (FP) Visa.

FLR(FP) stands for Further Leave to Remain (Family and Private Life). This visa category allows applicants to extend their stay in the UK under specific conditions. It is a human rights application but under the UK laws and Home Office Immigration Rules.

WHO SHOULD APPLY FOR FLR(FP) VISA?

Applicants use the FLR(FP) visa to extend their stay in the UK. The extension typically rests on family or private life grounds, ensuring the continuation of relationships and established lives. It covers partners, parents, and individuals with a long-standing presence in the UK.

FLR(FP) caters should be used by certain partners, parents, and children who have private and family life in the UK but do not qualify under the normal route. A Parent who is the sole-carer of a British Child or a child who is seven years old or of certain age, or who has parental right can apply for FLR(FP) Visa.

So, any person who has been in the UK for many years even if they do not have a family in the UK can still apply for FLR(FP) Visa.

FLR(FP) VISA REQUIREMENTS / ELIGIBILITY CRITERIA

Eligibility for FLR(FP) requires meeting specific criteria. The requirements differ based on whether the application is under family life or private life grounds.

Eligibility Based on Family Life (Partner, Parent, Child)

Family life applicants must prove a genuine relationship. Partners, parents, and children applying under this category must provide substantial evidence of their relationship. The focus is on the genuine nature and the impact of separation.

Eligibility Based on Private Life (10-Year Rule)

Applicants can also apply under the 10-year rule. Individuals who have lived in the UK for at least ten years may qualify. The private life route emphasises the length of residence and the establishment of life in the UK.

Human Rights Grounds for FLR(FP) Application

Human rights considerations play a key role. FLR(FP) applications may include arguments based on Article 8 of the European Convention on Human Rights. This article protects the right to respect for private and family life.

Exemptions and Special Circumstances

Certain cases receive special attention. Exemptions may apply to those facing exceptional or compassionate circumstances, including situations when is it impossible to return to country of nationality due to undue hardship.

MUST I MEET THE FLR(FP) VISA REQUIREMENTS?

Applicants must meet some requirements to ensure a successful application. Documentation plays a crucial role in proving eligibility.

RELATIONSHIP PROOF FOR FAMILY-BASED APPLICATIONS

Family-based applications need solid proof of the relationship. This includes marriage certificates, birth certificates, and evidence of cohabitation. The goal is to establish the genuineness of the relationship.

Residence and Financial Requirements

Residence requirements depend on the length of stay and ties to the UK. Financial requirements ensure that applicants can support themselves. Evidence includes bank statements, employment letters, and tenancy agreements.

English Language Requirement

Applicants need to meet the English language requirement. This involves passing an approved English language test. Alternatively, proof of academic qualifications taught in English suffices.

Evidence of Private Life based on Long Residence

Long residence applicants must provide evidence of their continuous residence in the UK. Documents like school, medical, and employment records help establish ties to the UK.

DOCUMENTS CHECKLIST FOR FLR(FP) APPLICATIONS

• Proof of relationship (marriage/birth certificates)
• Proof of residence (tenancy agreements, utility bills)
• Financial evidence (bank statements, payslips)
• English language proficiency
• Evidence of private life (school, medical records)

Step-by-Step Guide to Applying for an FLR(FP) Visa

A well-prepared application increases success chances. Follow these steps to apply for FLR(FP).

Application Form and Online Submission Process

Complete the FLR(FP) application form online. Double-check details to avoid errors. Submit the form with all required information.

Paying the Immigration Health Surcharge (IHS)

Pay the Immigration Health Surcharge (IHS) as part of the process. This fee grants access to the National Health Service (NHS). Ensure payment before finalising the application.

Biometric Appointment and Submission of Supporting Documents

After submission, book a biometric appointment. Provide fingerprints and a photo for identification. Submit supporting documents to strengthen your case.

Common Mistakes to Avoid During Application

• Incomplete or incorrect forms
• Insufficient evidence of relationship
• Omitting financial details

FLR(FP) Visa Processing Times

Processing times for FLR(FP) applications vary. Knowing what to expect helps in planning.

Standard Processing Times

Standard processing takes approximately 8 weeks. Delays may occur depending on the case’s complexity.

Factors That Affect Processing Speed

Factors like incomplete applications, missing documents, and complex cases impact processing times. Ensure all documents are to avoid delays.

WHAT TO DO IF YOUR APPLICATION IS DELAYED

If you are facing delays, contact the Home Office. Check for notifications and respond promptly. If the delay is prolonged, our expert and professional lawyers can help speed up your claim.

Home Office refusal letters can often be long and confusing, understanding refusals helps prepare for contingencies. It is often the case that you will be able to appeal this decision to the Immigration Tribunal, but there may be other time efficiency ways of remedying the situation.

Common Reasons for FLR(FP) Refusals

Refusals occur due to insufficient evidence, financial shortcomings, or incorrect application forms. We can help address these areas to strengthen your application and significantly reduce the risk to refusal.

WHAT HAPPENS IF YOUR APPLICATION IS REFUSED?

A refusal does not end your options. Applicants receive a refusal letter explaining the reasons for their refusal. You will usually have the right to appeal to the Immigration Tribunal, we are authorised to prepare and represent you in the Immigration Tribunal, meaning that we will have the best understanding of your case, and increasing your chances of success.

OPTIONS FOR APPEAL AND REAPPLICATION

Depending on the reasons for refusal, we may suggest making a new application which addresses the previous issues. This can a much more time-effective remedy.

How to Strengthen Your Application After Refusal

Seek expert advice to identify weaknesses. Gather additional evidence and address any shortcomings.

FLR(FP) VISA EXTENSIONS AND RENEWALS

Extensions ensure continued stay in the UK.

HOW LONG DOES THE FLR(FP) VISA LAST?

The FLR(FP) visa usually lasts for 2.5 years. Renewal is required before the visa expires.

WHEN AND HOW TO APPLY FOR A RENEWAL

Apply for renewal within 28 days before the current visa expires. Follow the same application process and provide updated evidence.

CAN YOU SWITCH TO ANOTHER VISA CATEGORY FROM FLR(FP)?

Switching to other visa types is possible. Ensure eligibility and meet the new category’s requirements.

WHAT RIGHTS DOES THE FLR(FP) VISA GRANT YOU?

Rights vary depending on the visa’s basis.

Right to Work and Study in the UK

FLR(FP) holders can work and study. Employment is unrestricted, offering opportunities across sectors.

Access to Public Funds and Healthcare

Public funds access depends on conditions. Healthcare access is available through the NHS.

Travel Restrictions with FLR(FP)

Travel is allowed, but returning it depends on clearance for re-entry. Ensure proper documentation when travelling.

FLR(FP) VISA AND INDEFINITE LEAVE TO REMAIN (ILR)

In most cases, when an FLR(FP) application is granted, you will be on the 10-year route to settlement. This means that you must make three further applications for Leave to Remain at 2.5 years’ interval before you qualify for ILR. In few cases when you are on a 5-Year-Rroute, you may qualify to settlement after the second 2.5 years grant of leave.

Path to ILR Through FLR(FP)

After ten years on the 10-year route, you may be able to apply for ILR. Meeting the residence requirement and good character requirements are crucial. If you have already completed one period of 2.5 years residence and looking to renew, please seek advice from us, we may be able to switch you on the 5-year route, reducing the time for ILR to 7.5 years.

Meeting the ILR Requirements after FLR(FP)

Applicants must show continuous residence, pass the Life in the UK Test, and meet language requirements.

TIMEFRAME AND PROCESS FOR ILR APPLICATION

Apply for ILR after meeting requirements. The process takes approximately six months.

Expert Legal Advice for FLR(FP) Applications

Legal advice strengthens your application.

HOW AN IMMIGRATION LAWYER CAN HELP

Lawyers provide tailored advice. They guide through complex requirements and document preparation.

Avoiding Application Mistakes with Expert Guidance

Expert guidance reduces errors. Lawyers ensure forms are correctly filled out, and evidence is complete.

ENSURING A STRONG APPLICATION WITH LEGAL SUPPORT

It is good to have legal assistance with making your application because it would help you to avoid mistake that could have cause a refusal.

If is important to have sound legal advice and representation in the process to give yourself a better chance of success in your application.

Our expert and professional lawyers are here to assist you.

PRIORITY AND SUPER PRIORITY SERVICES

Subject to eligibility and availability, applicants in a hurry can use the super priority which provides a decision within 24 hours.

FLR(FP) Visa Application Fees and Associated Costs

Understanding costs aids in budgeting for the application.

  Type of Fee:

• Agreed/Fixed Fee

        Costs:

• Average cost from £2,500 (plus VAT at 20%)

       Who Will Carry Out the Work?

• Director assisted by a solicitor
• Solicitor/Director assisted by a paralegal
• All work supervised by the Director

       Estimated Time:

• On average, 15 hours to complete

The exact time required depends on the specifics of your case, such as:

• The amount of supporting evidence needed
• Your language(s)
• Whether you are applying with dependants
• Complexities like past refusals, criminal convictions, or adverse immigration history

Providing sufficient evidence at our first meeting and clearly meeting the applicable Immigration Rules may result in lower costs.

      Services Included:

• Initial consultation to consider options and assess the most appropriate application
• Advising on immigration rules/guidance and required evidence
• Advising on submission methods (priority, premium, standard)
• Assessing and advising on supporting evidence
• Assisting with obtaining further evidence, including engaging with third parties (medical experts, banks, employers)
• Preparing the application with supporting evidence
• Preparing detailed representations with an index and finalising the application
• Submitting the application and providing updates on progress
• Advising on the outcome of the application, implications of status, and next steps

         Exclusions:

• Home Office fees for making the application, which you will pay directly. Find the updated list of Home Office Fees.
• Other expenses such as VAT and disbursements for medical/expert evidence or barristers.
• Advice and assistance with appeals or reconsiderations if your application is refused.

We will notify you promptly and before incurring any such fees if they are applicable.

         Home Office’s application fees

Each application to the Home Office, attracts a specific Home Office’s fee.

For the current fee for your application , please click the following link Uk Home Office’s current application fees

    Our timescale to Submit your application:

• Applications typically take six to eight weeks from instruction, depending on the complexity of the applicant’s immigration history. We will inform you as soon as possible if it is likely to take longer. We will ensure that your application is submitted on time before your existing leave to remain or leave to enter expires.

       The Home Office’s current timescale for Processing your application:

• We cannot guarantee the Home Office’s processing time. However, the currently Home Office’s processing time is between 4 to 6 months in average.

Please note that the estimated hours and fees are based on the provided information. All applications vary, and we can provide a more accurate estimate once we have more details about your specific case.