Form FLR(O) – Application for Further Leave to Remain (FLR) in other categories

1. What is the purpose of Form FLR(O)?

The purpose of Form FLR(O) is to apply for Further Leave to Remain in the UK under other immigration categories, excluding asylum or humanitarian protection. This form is specifically designed for individuals who are already in the UK and wish to extend their stay for various reasons, such as work, study, family reunification, or other purposes allowed under the immigration rules. By completing Form FLR(O), applicants provide information about their current immigration status, personal details, reasons for wanting to remain in the UK, and any supporting documents required to assess their eligibility for further leave to remain. It is crucial to accurately and truthfully complete this form to ensure a successful application process.

2. Who is eligible to apply using Form FLR(O)?

1. Applicants who are currently living in the UK under a different type of visa or leave to remain and wish to extend their stay can apply using Form FLR(O). This form is specifically designed for individuals who are seeking further leave to remain in other categories, such as family members of British citizens or settled persons, victims of domestic violence, or refugees.

2. In addition to those mentioned above, other categories of individuals who can apply using Form FLR(O) include those with discretionary leave to remain, long residence, or those who have been granted leave outside the Immigration Rules. It is essential to carefully review the eligibility requirements for the specific category under which the applicant is applying to ensure that they meet all the necessary criteria for a successful application.

3. It is important to note that individuals who are subject to immigration control and wish to extend their stay in the UK under a different category should submit their application using Form FLR(O) before their current leave expires. Failure to do so may result in being deemed an overstayer, which can have serious consequences for their immigration status in the UK.

4. When applying using Form FLR(O), applicants must provide all the required documentation, pay the relevant application fee, and ensure that the application is completed accurately and in compliance with the Immigration Rules. Seeking the guidance of an immigration expert or solicitor can be beneficial in navigating the application process and increasing the chances of a successful outcome.

3. What are the different categories available for applying through Form FLR(O)?

There are several categories in which individuals can apply for further leave to remain in the UK through Form FLR(O). Some of the common categories include:

1. Family Life as a Partner or Parent: This category is for individuals who are already in the UK as a partner, parent, or dependent child of a person present and settled in the country.

2. Private Life: This category is for individuals who have been living in the UK for an extended period and wish to apply for further leave to remain based on their established private life in the country.

3. Partner of a British Citizen or Settled Person: This category is for individuals who are in a genuine and subsisting relationship with a British citizen or a person settled in the UK.

4. Parent of a British Citizen or Settled Person: This category is for parents of British citizens or settled persons who wish to remain in the UK with their children.

5. Other Categories: There are also various other categories available for individuals to apply through Form FLR(O), such as victims of domestic violence, bereaved partners, or individuals on a 10-year route to settlement.

Each category has specific requirements and eligibility criteria that applicants must meet in order to successfully apply for further leave to remain in the UK. It is important to carefully review the guidance provided by the Home Office for the specific category in which you are applying to ensure that you meet all the necessary criteria.

4. What documents are required to be submitted with Form FLR(O)?

When submitting Form FLR(O) for further leave to remain in other categories, there are several key documents that must be included to support your application:

1. Valid passport or travel document – You must include your current passport or travel document, which should be valid for the entire duration of your intended stay in the UK.

2. Biometric residence permit (BRP) – If you have been issued a BRP, you must include this document in your application.

3. Proof of eligibility – You should include any documents that demonstrate your eligibility for further leave to remain in the specific category you are applying under, such as employment letters, student enrollment letters, or sponsorship documents.

4. Financial documents – You must provide evidence of your financial situation, such as bank statements, pay slips, or sponsorship letters, to show that you can support yourself during your stay in the UK.

5. Proof of accommodation – You may need to provide documents showing your accommodation arrangements in the UK, such as a tenancy agreement or letter from your host.

6. English language requirement – If applicable, you should include evidence of meeting the English language requirement, such as a certificate from an approved English language test.

7. Tuberculosis (TB) test results – If required, you must include a valid TB test certificate as part of your application.

It is important to carefully read the guidance provided with Form FLR(O) to ensure that you include all the necessary documents to support your application. Failure to include any required documents may result in delays or refusal of your application.

5. How much is the fee for submitting Form FLR(O)?

The fee for submitting Form FLR(O) as of September 2021 is £1,033 per applicant. This fee is applicable for each individual submitting the application, including dependents if they are included in the same application. It is important to check the most up-to-date fee information on the official UK government website before submitting your application, as fees are subject to change periodically. The payment of the fee is a crucial part of the application process and must be included along with the completed application form to ensure that your application is processed in a timely manner. It is recommended to keep a record of the payment confirmation for your own records and for any future reference that may be needed.

6. What is the processing time for applications submitted through Form FLR(O)?

The processing time for applications submitted through Form FLR(O) can vary depending on various factors, such as the complexity of the case, the volume of applications being processed by the Home Office at the time of submission, and whether all required documents and information have been included with the application. In general, the Home Office aims to process FLR(O) applications within 8 weeks from the date of submission. However, it is important to note that processing times can sometimes be longer than this due to various reasons, such as backlogs or the need for additional information. Applicants are encouraged to submit their FLR(O) applications well in advance of the expiry of their current visa to allow for sufficient processing time. It is also recommended to keep track of the application status through the online tracking system provided by the Home Office.

7. Can I apply for multiple categories using Form FLR(O)?

Yes, you can apply for multiple categories using Form FLR(O). When completing the form, you have the option to select all the categories for which you are eligible and wish to apply. This can be beneficial if you meet the requirements for more than one category and would like to secure leave to remain under various routes simultaneously. However, it is important to ensure that you provide all the necessary documents and information required for each category you are applying for to avoid delays or rejection of your application. Additionally, each category may have its own specific criteria and documentation needed, so make sure to thoroughly check the requirements for each category you are applying for before submitting your application.

8. What is the validity period of the leave granted through Form FLR(O)?

The validity period of the leave granted through Form FLR(O) can vary depending on the specific category under which the application was made. Generally, the leave granted through this application is usually for a period of two and a half years, known as a ‘further leave to remain’ in the UK. However, this duration can be shorter or longer depending on various factors such as the specific visa category, individual circumstances, and UK immigration rules in force at the time of application. It is crucial for applicants to carefully review the details provided on their visa vignette or residence permit to understand the specific validity period of their granted leave and any conditions attached to it.

9. Can I apply for settlement (indefinite leave to remain) using Form FLR(O)?

No, you cannot apply for settlement (indefinite leave to remain) using Form FLR(O). Form FLR(O) is specifically for applying for further leave to remain in the UK under certain categories, such as as a partner or parent, on a family life as a parent of a child in the UK, or on private life grounds. Settlement applications, also known as indefinite leave to remain (ILR) or permanent residence, require a different application form, such as Form SET(O) for ILR as a partner or Form SET(F) for ILR as a child of a person present and settled in the UK. It is important to ensure you are using the correct form for your specific immigration status and intentions to avoid any delays or complications in your application process.

10. Can I work or study in the UK while my FLR(O) application is being processed?

1. Yes, you can work in the UK while your FLR(O) application is being processed if you currently have permission to work in the UK. This means that if you already have a valid visa that allows you to work, you can continue working until a decision is made on your FLR(O) application.

2. However, if your current visa does not grant you the right to work in the UK, you will not be allowed to work while your FLR(O) application is pending. In this case, you would need to wait until a decision is made on your FLR(O) application before you can start working legally in the UK.

3. Similarly, if you are a student in the UK and your current visa permits you to study, you can continue studying while your FLR(O) application is being processed. It is important to ensure that you comply with the conditions of your current visa during this time.

4. It is advisable to check the specific terms and conditions of your current visa to confirm whether you are allowed to work or study while your FLR(O) application is pending. Additionally, staying informed about any updates or changes in immigration rules and regulations is crucial to avoid any potential issues during this period.

11. What are the common reasons for applications being rejected when using Form FLR(O)?

Common reasons for applications being rejected when using Form FLR(O) include:

1. Incomplete or incorrect information provided in the application form.
2. Failure to provide the required supporting documents or providing insufficient evidence to meet the eligibility criteria.
3. Lack of proof of meeting the financial requirements for the category in which leave to remain is being sought.
4. Failure to submit the application within the specified timeframe before the current visa expires.
5. Past immigration violations, such as overstaying a visa or breaching visa conditions, leading to a negative immigration history.
6. Providing false information or using fraudulent documents in the application.
7. Not meeting the English language proficiency requirements if it is a mandatory part of the visa category.
8. Applying for a category for which the applicant does not meet the eligibility criteria.
9. Inconsistencies or discrepancies in the information provided in the application or during the interview process.
10. The decision-maker determining that the applicant does not have a genuine intention to comply with the visa conditions or is attempting to misuse the immigration system.

It is crucial for applicants to carefully review the requirements, provide all necessary documentation, and ensure the accuracy of the information provided to avoid potential rejection of their FLR(O) application.

12. Can I switch to a different visa category using Form FLR(O)?

Yes, it is possible to switch to a different visa category by using Form FLR(O) – Application for Further Leave to Remain. This form allows individuals who are already in the UK under a different immigration category to apply for further leave to remain in a new category. When switching to a different visa category, it is important to ensure that you meet all the eligibility requirements for the new category you wish to switch to. You will need to provide all the necessary supporting documents and evidence to demonstrate that you meet the specific requirements of the new visa category. It is recommended to carefully review the guidance provided by the Home Office for the specific visa category you wish to switch to and seek advice from a legal professional if needed to ensure a successful application.

13. Is it possible to apply for an extension of stay beyond the initial period granted through Form FLR(O)?

Yes, it is possible to apply for an extension of stay beyond the initial period granted through Form FLR(O). When your current visa or permission to stay in the UK is set to expire, you can submit an application for Further Leave to Remain (FLR) to extend your stay in the country. Within this application process, you can request an extension of your stay in the same category or a different category if you meet the eligibility criteria for the new category you wish to apply for. It is important to ensure that you submit your FLR application before your current visa expires to continue legally residing in the UK while your application is being processed. Meeting all the requirements and providing the necessary documentation and information in your FLR application will increase your chances of a successful extension of stay in the UK.

14. Can I include dependents in my FLR(O) application?

Yes, you can include dependents in your FLR(O) application. When submitting an application for Further Leave to Remain (FLR) in other categories, you have the option to include your dependents such as your spouse, civil partner, unmarried partner, or children under the age of 18. Including your dependents in your FLR(O) application allows them to apply for leave to remain in the UK at the same time as you, ensuring that your family can continue to reside together in the country. It is important to provide all the necessary supporting documents for each dependent included in the application to demonstrate their relationship to you and meet the eligibility requirements. Additionally, each dependent listed in the application must meet the suitability and eligibility criteria relevant to their individual circumstances.

15. What are the English language requirements for applications submitted through Form FLR(O)?

For applications submitted through Form FLR(O), the English language requirements depend on the specific immigration category under which the application is being made. Here are the general guidelines for the English language requirements:

1. Applicants applying for further leave to remain as a partner or parent:
– Proof of meeting the English language requirement can be provided by passing an approved English language test at level A1 or higher, or by being a national of a majority English-speaking country.

2. Applicants applying for further leave to remain in other categories:
– The English language requirement may vary depending on the specific category being applied under. It is essential to check the specific guidance for that category to determine whether an English language test is required and at what level.

Overall, meeting the English language requirement is crucial for a successful FLR(O) application, and failure to provide evidence of meeting this requirement can result in the application being refused. Applicants should carefully review the guidance provided by the Home Office and ensure they meet the necessary language criteria before submitting their application.

16. Can I apply for public funds while holding leave granted through Form FLR(O)?

No, individuals holding leave granted through Form FLR(O) are not eligible to apply for public funds. The conditions of most categories under FLR(O) expressly prohibit recourse to public funds, such as certain benefits and financial assistance provided by the government. It is important to abide by the immigration rules and restrictions associated with the specific category of leave granted through Form FLR(O) to ensure compliance and avoid jeopardizing one’s immigration status in the UK. It is recommended to seek legal advice or consult the official UK government guidance on eligibility for public funds while holding leave granted through Form FLR(O).

17. Are there any restrictions on travel outside the UK while holding leave granted through Form FLR(O)?

Yes, there are restrictions on travel outside the UK while holding leave granted through Form FLR(O). When you have been granted leave to remain in the UK under this category, you are generally expected to maintain your residence in the country. If you need to travel outside the UK during this time, there are certain rules you must follow:

1. You must ensure that your leave to remain is still valid when you return to the UK.
2. If you leave the UK for an extended period of time, it may affect your eligibility for future visas or settlement in the UK.
3. If you plan to be outside the UK for more than 2 years, you should seek advice to avoid jeopardizing your immigration status.
4. It is crucial to carefully plan your trips outside the UK while holding leave granted through Form FLR(O) to avoid any complications or potential risks to your immigration status.

Overall, while travel outside the UK is possible with leave granted through Form FLR(O), it is important to adhere to the immigration rules and guidelines to ensure that you do not encounter any issues upon reentry or with your future stays in the UK.

18. Can I appeal a decision on my FLR(O) application?

Yes, you can appeal a decision on your FLR(O) application if your application is refused. In order to appeal the decision, you must do so within 14 calendar days of receiving the decision on your application. The appeal process involves submitting an appeal form along with any supporting documents to the First-tier Tribunal (Immigration and Asylum Chamber). The tribunal will review your case and make a decision based on the evidence provided. It’s important to note that not all decisions can be appealed, and it’s crucial to seek legal advice to understand the grounds for appeal and to increase your chances of a successful outcome.

19. What is the difference between FLR(O) and other FLR forms, such as FLR(M) or FLR(FP)?

FLR(O) is the application form specifically used for those seeking Further Leave to Remain in the UK under various categories outside of family or marriage-related visas. Here are some key differences between FLR(O) and other FLR forms:

1. FLR(M) is used for those applying for Further Leave to Remain as a spouse or partner of a British citizen or settled person.

2. FLR(FP) is for those applying for Further Leave to Remain based on family or private life reasons, such as a parent of a British child or someone on a 10-year family route.

3. FLR(O) covers a wider range of categories such as work permits, long residence, and other miscellaneous purposes not covered by FLR(M) or FLR(FP).

4. Each form has specific requirements and eligibility criteria tailored to the visa category it represents, so it’s important to choose the correct form based on individual circumstances.

Understanding the nuances of each FLR form is crucial to ensure a successful application process and to obtain further leave to remain in the UK under the appropriate category.

20. How can I seek legal advice or assistance with my FLR(O) application?

You can seek legal advice or assistance with your FLR(O) application in several ways:

1. Solicitors and Immigration Advisers: Engage a qualified solicitor or immigration adviser who specializes in UK immigration law. They can provide tailored advice and support throughout the application process.

2. Legal Aid: If you meet the eligibility criteria, you may be able to access free or subsidized legal advice through legal aid services. This can be especially helpful if you have limited financial resources.

3. Immigration Charities: Organizations such as the UK Visas and Immigration Legal Advice (UKVILA) may offer assistance with FLR(O) applications. These charities often provide support to individuals who are unable to afford private legal representation.

4. Online Resources: Utilize online resources provided by reputable sources such as government websites, legal forums, and NGOs specializing in immigration law. These resources can offer guidance on completing the FLR(O) application and understanding relevant immigration policies.

Seeking legal advice or assistance can help ensure that your FLR(O) application is accurately completed and submitted, increasing the likelihood of a successful outcome.