Form FLR(FP) – Application for Further Leave to Remain (FLR) on the basis of family life as a partner or parent

1. What is Form FLR(FP) and who is eligible to apply using this form?

Form FLR(FP) is an application form for Further Leave to Remain on the basis of family life as a partner or parent. This form is used by individuals who are already in the UK and wish to extend their stay on the grounds of their relationship with a British citizen or a person settled in the UK. Eligibility criteria for applying using this form generally include:

1. Applicants must currently hold a valid visa that allows them to stay in the UK as a partner or parent.
2. The applicant must provide evidence of their family relationship with a British citizen or settled person, such as a marriage certificate or birth certificate.
3. The applicant must meet the financial requirements as set out in the Immigration Rules.
4. The applicant must demonstrate sufficient knowledge of the English language and pass the Life in the UK test, if applicable.

It is important to carefully review the specific eligibility requirements outlined by the Home Office before submitting an application using Form FLR(FP) to ensure a successful outcome.

2. What documents are required to support an FLR application as a partner or parent?

1. When applying for Further Leave to Remain (FLR) on the basis of family life as a partner or parent, you will need to provide a set of mandatory supporting documents alongside your application to strengthen your case. These documents include proof of identity such as your passport or travel document, a valid UK visa or residence permit, and your biometric residence permit if you have one.

2. You must also include evidence of your relationship with your partner or child, such as marriage certificates, birth certificates, or any other relevant documents that demonstrate your familial connection. Additionally, you should provide proof of your continuous residence in the UK, such as utility bills, bank statements, or tenancy agreements covering the relevant period.

3. Financial documentation is crucial for demonstrating that you can support yourself and your family without recourse to public funds. This typically includes payslips, bank statements, employment contracts, or any other evidence of financial stability. Moreover, it is advisable to submit a detailed cover letter outlining the reasons for your application and how you meet the eligibility criteria.

4. If there have been any significant changes in your circumstances since your last visa application, provide relevant documents to explain these changes. Overall, a well-organized and comprehensive set of supporting documents will significantly enhance your FLR application as a partner or parent.

3. How long does it take to process an FLR application based on family life as a partner or parent?

The processing times for Form FLR(FP) applications can vary depending on various factors such as the complexity of the case, the volume of applications being processed by the Home Office, and any additional documentation or information that may be required. Typically, FLR applications based on family life as a partner or parent can take around 8 weeks to be processed. However, it is important to note that processing times are not guaranteed and may vary in individual cases. It is recommended to submit your application well in advance of your current visa’s expiration to allow for any potential delays in processing. You can also opt for priority or super-priority services for an additional fee to expedite the processing of your application.

4. Can I work while my FLR application is being processed?

Yes, you can work while your FLR application is being processed if you have submitted your application before your previous visa expired and you meet certain conditions. These conditions include:

1. You must have held valid leave to remain in the UK before you submitted your FLR application.
2. You must have been lawfully working in the UK before submitting your FLR application.
3. You must be applying for further leave to remain in the same category as your previous visa.

If you meet these conditions, you are allowed to continue working while your FLR application is under consideration. However, it is crucial to ensure that you have followed all the necessary guidelines and regulations regarding working during this period to avoid any complications with your application.

5. Can I travel outside the UK while my FLR application is under consideration?

While your FLR application is under consideration, it is generally not advisable to travel outside the UK. Traveling outside the UK may jeopardize your application and could result in it being withdrawn or refused. However, there are some exceptions in which you may be able to travel outside the UK while your FLR application is being processed:

1. If you have applied for and been granted a specific type of visa that allows multiple entries and exits, you may be able to travel outside the UK while your FLR application is pending.

2. If you have exceptional circumstances that require you to travel, such as a family emergency or a critical business matter, you may seek permission from the Home Office to travel outside the UK.

It is crucial that you seek guidance from an immigration advisor or solicitor before making any decisions regarding travel while your FLR application is under consideration to avoid any negative consequences on your immigration status.

6. What are the financial requirements for an FLR application as a partner or parent?

For an FLR application as a partner or parent, the financial requirements are crucial to meet to demonstrate that you can adequately support yourself and your family in the UK. As of current guidelines, the financial requirements typically involve showing a minimum income level through various means, such as employment income, self-employment income, savings, or a combination of these sources. The specific amount required will depend on factors such as the number of dependents and whether any children involved are British citizens. It is important to provide detailed financial documentation, such as pay stubs, bank statements, tax returns, and any other relevant financial proofs to satisfy the Home Office’s requirements. Meeting these financial criteria is vital for a successful FLR application as a partner or parent.

7. What is the validity period of FLR granted on the basis of family life as a partner or parent?

The validity period of FLR granted on the basis of family life as a partner or parent can vary depending on the circumstances of the applicant’s case. Typically, FLR granted in such cases is valid for a period of 2.5 years. However, in some cases, it may be granted for a shorter period, such as 6 months or 1 year, especially if there are specific conditions that need to be met or if the applicant’s circumstances are subject to change. It is important for applicants to carefully review their visa documents to confirm the exact validity period granted to them and to ensure that they renew their visa before it expires to maintain their lawful residency in the UK.

8. Can I include my children in my FLR application?

Yes, you can include your children in your FLR application if they are also dependent on you and are currently living in the UK. Including your children in your application is crucial to ensure that their immigration status is regularized along with yours as a parent or partner. When including your children in your FLR application, you will need to provide their personal details, passport information, and evidence of their dependency on you as the main applicant. This may include birth certificates, school records, or any other relevant documentation that demonstrates their relationship with you and their reliance on you for care and support. It is important to ensure that all necessary documents are included to avoid any delays or complications in processing your application.

9. What is the English language requirement for FLR applications based on family life as a partner or parent?

The English language requirement for FLR applications based on family life as a partner or parent includes the need to demonstrate a certain level of proficiency in the English language. In general, applicants are required to prove their English language ability by passing an approved English language test at a minimum level set by the Home Office. This minimum level is usually equivalent to CEFR (Common European Framework of Reference for Languages) level A1 or B1, depending on the specific circumstances of the application. It is important to carefully check the most up-to-date requirements and ensure that the English language test taken is on the list of approved tests for FLR applications. Additionally, those who are nationals of majority English-speaking countries or have certain qualifications from an English-speaking country may be exempt from the English language requirement.

10. How can I prove my genuine and subsisting relationship as a partner in an FLR application?

Proving a genuine and subsisting relationship as a partner is crucial for a successful FLR application. Here are some key ways to demonstrate this:

1. Provide documentary evidence: Submit documents such as joint tenancy agreements, bank statements showing shared finances, utility bills in both names, and correspondence addressed to both partners at the same address.

2. Relationship history: Include details about how you met, the development of your relationship, and any significant milestones or events. Provide photographs of you both together at various times and occasions.

3. Declarations of support: Obtain letters from family and friends confirming the authenticity of your relationship and how they have witnessed your commitment to each other.

4. Legal commitments: If applicable, submit information about any legal commitments you have made as a couple, such as a civil partnership or marriage certificate.

5. Communication records: Include records of your communication such as messages, emails, and phone call logs to demonstrate ongoing contact and interaction.

6. Joint responsibilities: Highlight any shared responsibilities or future plans you have as a couple, such as caring for children or joint financial commitments.

7. Social context: Provide information about how you are viewed as a couple in your community or social circle to show external validation of your relationship.

8. Additional evidence: Any other relevant documentation or information that can help establish the authenticity and subsistence of your partnership should also be included in your application.

By presenting a comprehensive and compelling case with supporting evidence, you can strengthen your FLR application and increase the likelihood of a successful outcome.

11. What is the difference between FLR as a partner and FLR as a parent in terms of requirements and documentation?

FLR as a partner and FLR as a parent are both visa categories under the Immigration Rules that allow individuals to remain in the UK on the basis of their family life. The main difference between the two lies in the relationship that the applicant has with the family member who is already settled in the UK. Here are the key distinctions in terms of requirements and documentation:

1. Relationship Requirement:
– FLR as a partner: This category applies to individuals who are in a genuine and subsisting relationship with a person who is present and settled in the UK or a British citizen.
– FLR as a parent: This category is for parents of British children or children who are settled in the UK.

2. Financial Requirement:
– FLR as a partner: Applicants must meet the financial requirement, which involves demonstrating a certain level of income or savings.
– FLR as a parent: There may be specific financial requirements related to supporting the child in the UK.

3. Accommodation Requirement:
– FLR as a partner: Applicants must show that suitable accommodation is available for themselves and their partner.
– FLR as a parent: Similar to FLR as a partner, the applicant needs to demonstrate that there is adequate accommodation for themselves and their child.

4. Documentation:
– FLR as a partner: Applicants need to provide evidence of their relationship, financial stability, accommodation, and other supporting documents as required by the Immigration Rules.
– FLR as a parent: In addition to the standard documentation, applicants must also provide evidence of their relationship with their child, such as birth certificates or adoption papers.

Overall, while there are similarities in the application process for FLR as a partner and FLR as a parent, the specific requirements and documentation needed can vary based on the nature of the relationship with the settled person in the UK or the child. It is important for applicants to carefully review the guidance provided by the Home Office and seek legal advice if needed to ensure a successful application.

12. What is the fee for an FLR application as a partner or parent?

The fee for an FLR(FP) application as a partner or parent is £1,033 as of March 2022. This fee must be paid for each applicant included in the application, including dependents. It is essential to ensure that the correct fee is paid to avoid any delays or complications in the processing of the application. Additionally, it is advisable to check the most up-to-date fee information on the official UK government website or with a legal advisor specializing in immigration matters.

13. Can I switch to FLR from a different visa category if I am in the UK as a partner or parent?

Yes, if you are in the UK under a different visa category and are now eligible to apply for Further Leave to Remain (FLR) based on family life as a partner or parent, you can switch to FLR. To do so, you must meet the requirements set out by the Home Office for switching visas, including demonstrating that you meet the eligibility criteria for FLR as a partner or parent. This may include providing evidence of your relationship with your partner or child in the UK, meeting financial requirements, and fulfilling the English language proficiency requirement. It’s important to carefully review the specific guidance provided by the Home Office for FLR applications to ensure your application is in line with the necessary criteria and documentation. Additionally, seeking advice from a legal expert or immigration advisor can help ensure a smooth transition to FLR from your current visa category.

14. What happens if my FLR application based on family life as a partner or parent is refused?

If your FLR application based on family life as a partner or parent is refused, there are several options available to you:

1. Administrative Review: You can request an administrative review of the decision if you believe that there was an error made in the processing of your application.

2. Appeal: You may have the right to appeal the decision to the First-tier Tribunal if you believe that the refusal was unjust or incorrect.

3. Reapply: Depending on the reasons for the refusal, you may be able to reapply for further leave to remain, addressing any issues that led to the initial refusal.

4. Leave the UK: If none of the above options are viable, you may be required to leave the UK before your current visa expires.

It is essential to seek legal advice if your FLR application is refused to understand your options and decide on the best course of action based on your individual circumstances.

15. Can I extend my leave to remain in the UK beyond the initial FLR grant?

Yes, it is possible to extend your leave to remain in the UK beyond the initial grant of Further Leave to Remain (FLR). In order to do so, you will need to submit a new application for Further Leave to Remain before your current leave expires. Ensure that you meet all the eligibility criteria for the extension, provide any necessary supporting documents, and submit your application within the specified timeframe. It is essential to carefully follow the guidance provided by the Home Office to increase the chances of a successful extension of your leave to remain in the UK.

16. Are there any specific requirements for FLR applications as a parent, such as custody arrangements or parental responsibility?

Yes, there are specific requirements for FLR applications as a parent that are essential to meet when applying for further leave to remain in the UK. These requirements pertain to demonstrating genuine and subsisting relationships, financial stability to support the child, and the ability to adequately care for the child. Additionally, it is crucial to provide evidence of legal status in the UK, such as valid visas or residency permits, to establish eligibility for further leave to remain as a parent.

Furthermore, custody arrangements and parental responsibility are significant factors in FLR applications as a parent. It is essential to provide proof of legal custody or guardianship of the child, as well as evidence of consistent involvement in the child’s upbringing and welfare. Parental responsibility, which includes making decisions about the child’s education, healthcare, and general well-being, should also be clearly demonstrated in the application.

In summary, when applying for FLR as a parent, meeting requirements related to genuine relationships, financial stability, legal status, custody arrangements, and parental responsibility is crucial to ensure a successful application process.

17. Can I apply for indefinite leave to remain (ILR) after holding FLR as a partner or parent?

Yes, individuals who have held Form FLR(FP) as a partner or parent may be eligible to apply for Indefinite Leave to Remain (ILR) after meeting certain requirements. In most cases, you would need to have held FLR status for a specified period of time, typically for a continuous period of 2.5 to 5 years, depending on the specific circumstances of your case. Additionally, you must continue to meet the eligibility criteria for ILR, including requirements related to your relationship status, financial stability, and compliance with immigration laws. It is important to carefully review the specific guidance provided by the Home Office and seek advice from a legal professional specializing in immigration law to ensure that you meet all the necessary criteria before submitting an ILR application based on your FLR as a partner or parent.

18. What is the impact of changes in personal circumstances, such as separation or divorce, on an FLR application as a partner?

When an individual’s personal circumstances change, such as going through a separation or divorce, it can have a significant impact on their FLR application as a partner. Here are some key points to consider:

1. Legal Relationship: If the relationship with the sponsor has broken down due to separation or divorce, the basis for the FLR application as a partner may no longer be valid. The applicant must demonstrate that they meet the requirements under a different category, such as on human rights grounds.

2. Financial Support: In cases of separation or divorce, the financial support provided by the sponsor may be impacted. The applicant may need to show evidence of alternative means of financial support to meet the requirements for the FLR application.

3. Accommodation: Changes in personal circumstances can also affect the accommodation arrangements, especially if the applicant was residing with the sponsor. The applicant may need to provide evidence of suitable accommodation in their name or in a shared arrangement with others.

4. Custody of Children: If there are children involved in the relationship, issues related to custody and access may arise in cases of separation or divorce. The applicant may need to provide evidence of arrangements for the care and welfare of the children as part of the FLR application.

Overall, changes in personal circumstances such as separation or divorce require careful consideration and may require additional evidence to support the FLR application as a partner. It is important to seek legal advice to understand the implications and requirements in such situations.

19. Are there any specific considerations for same-sex couples applying for FLR based on family life as a partner?

1. Same-sex couples applying for FLR based on family life as partners should be aware of the legal recognition of their relationship in the UK. As of 2014, same-sex couples can enter into civil partnerships or marriages, which are both recognized for immigration purposes. This means that same-sex couples can apply for FLR as partners in the same way as opposite-sex couples.

2. It is important for same-sex couples to provide evidence of the genuineness of their relationship when applying for FLR. This can include documents such as joint bank statements, utility bills in both names, photographs together, and testimonies from family and friends confirming the nature of the relationship.

3. Same-sex couples should also be prepared to demonstrate that they meet the financial requirements for FLR, which includes meeting the minimum income threshold or providing evidence of other financial support.

4. In some cases, same-sex couples may face discrimination or challenges in their application process. It is crucial for applicants to be aware of their rights and seek legal advice if they encounter any issues during the application process.

Overall, same-sex couples applying for FLR based on family life as partners should ensure that they provide thorough and accurate documentation to support their application, be aware of their rights, and seek assistance if needed to navigate the process effectively.

20. How can I seek legal advice or assistance for my FLR application as a partner or parent?

To seek legal advice or assistance for your FLR application as a partner or parent, you have several options:

1. Legal Aid: Depending on your financial circumstances, you may be eligible for legal aid to cover the costs of seeking legal advice or representation.

2. Immigration Solicitors: Contacting a specialist immigration solicitor who has experience handling FLR applications can provide you with the expertise and guidance needed to navigate the process successfully.

3. Non-Governmental Organizations (NGOs): There are several NGOs and charities that offer free or low-cost legal advice and support for immigration matters. They may be able to assist you with your FLR application.

4. Community Legal Clinics: Local legal clinics or advice centres may also provide support with immigration applications, including FLR applications.

5. Online Resources: There are online platforms where you can find information and resources related to FLR applications. However, it is important to verify the credibility of the sources you consult.

Choosing the right option for legal advice or assistance will depend on your specific circumstances and needs. It is advisable to seek professional help to ensure your FLR application is prepared correctly and has the best chance of success.