Further Leave To Remain - FLR(M)

FLR Overview

Further Leave to Remain (FLR) is a UK visa that allows individuals already in the country to extend their stay. This extension may be granted based on family ties, employment, or studies. Different FLR categories exist, including those for work, private life, and marriage.

What is FLR(M)?

FLR(M), or Further Leave to Remain, is a part of the UK immigration process. It specifically caters to family members of British or Irish nationals or individuals with settled status in the UK. This visa extension allows them to continue residing in the UK for an additional 30 months.

Who is Eligible for FLR(M)?

Eligibility for FLR(M) extends to those who initially entered the UK on family visas such as the spouse visa. This includes spouses, civil partners, unmarried partners, and dependent children. It is important to ensure that your status aligns with the requirements to apply for FLR(M) without unnecessary complications.

The Application Process

Applying for FLR(M) involves several critical steps. Firstly, applicants must provide relevant documentation that proves their familial relationship with the British or Irish national or settled person. This includes marriage or partnership certificates, proof of cohabitation, and financial evidence demonstrating the ability to support your stay. Additionally, you’ll need to complete the necessary forms and pay the application fee online.

Benefits of FLR(M)

Securing FLR(M) brings several advantages. Most importantly, it allows family members to stay together in the UK for up to another 30 months, making it easier to plan long-term residency or potential applications for indefinite leave to remain (ILR) in the future. Furthermore, it provides stability and assurance to families that they can stay legally and continue their lives without interruption.

Eligibility Criteria: FLR (M)

Requirements for Spouses and Partners

To apply for a visa extension under the FLR (M) category as a spouse or partner, you must meet specific eligibility criteria. You should be the spouse, civil partner, or unmarried partner (for a minimum of two years) of an individual who falls into one of the following categories:

• A British or Irish citizen
• A person with settled status in the UK, including those with indefinite leave to remain, settled or pre-settled status under the EU Settlement Scheme, or permanent residence
• A holder of a Turkish Businessperson or Turkish Worker visa
• A person with refugee status or humanitarian protection in the UK

These requirements should have been satisfied when you initially applied for your Spouse visa from outside the UK.

Additionally, you must continue to meet all the original eligibility conditions, such as demonstrating the genuineness of your relationship (e.g., providing a marriage certificate) and fulfilling the financial requirements.

When applying for FLR (M), you may also be required to prove your English language proficiency again.

Requirements for Children

Children seeking to apply for FLR (M) must satisfy one of the following conditions:

• Your parent has been granted leave to enter or remain as a partner or parent of a person who is:
  • Present and settled in the UK
  • Holding pre-settled status under the EU Settlement Scheme
  • In possession of a Turkish Businessperson or Turkish Worker visa
• You are applying to remain in the UK with a person granted leave to remain based on their family or private life in the UK
• There are compelling reasons for you to stay in the UK, and appropriate care arrangements have been made

Children must also adhere to the original eligibility requirements set out during the initial visa application. For instance, if you are under 18 and were born outside the UK, you must not be married, in a civil partnership, or living an independent life.

For more information or to discuss your specific circumstances, contact Axis Solicitors today. Our experienced team can guide you through the FLR (M) application process, ensuring all requirements are met to secure your visa extension.

English Language Requirements

When applying for an FLR (M) visa extension, the majority of the requirements remain consistent with those you met when your visa was initially granted. However, one important aspect you may need to revisit is the English language requirement.

If you were originally granted a Spouse visa, you might need to provide updated evidence of your English language proficiency to extend your stay in the UK beyond 2.5 years. This is because the FLR (M) visa extension requires you to demonstrate at least an A2 level on the Common European Framework of Reference for Languages (CEFR). This is a higher threshold compared to the A1 level required for your initial Spouse visa.

If you previously passed an approved English language test at A2 level or higher for your initial visa, you may be able to use the same test result in your FLR (M) application, provided your test certificate remains valid and has not been withdrawn by the issuing body.

If your test result does not meet the A2 level requirement or your certificate is no longer valid, you will need to take a new English language test at A2 level or higher to qualify for the FLR (M) visa extension.

At Axis Solicitors, we can assist you in navigating these requirements, ensuring that your application is complete and successful.

Financial Requirements: FLR (M)

Financial Requirements under FLR (M) Rules (2024)

To meet the financial requirements for an FLR (M) application under Appendix FM, applicants must satisfy a minimum income threshold. 

The specifics are as follows:

1. 1. Minimum Income Threshold:
      • For applications submitted before 11 April 2024, the minimum income requirement is £18,600 per year.
      • From 11 April 2024, this threshold has increased to £29,000 annually.
   2. Additional Income for Dependent Children:
      • If you have dependent children who are not British or Irish citizens or are not permanently settled in the UK, you must demonstrate additional income.
      • This includes £3,800 for the first child and £2,400 for each subsequent child.

• However, if the total required income exceeds £29,000, you only need to meet the £29,000 threshold.

1. Income Sources:
   • The financial requirement can be met through income from the employment or self-employment of your spouse/partner, or your own income if you have permission to work in the UK.
   • Other permissible sources include pensions, maternity allowances, bereavement benefits, and cash savings exceeding £16,000.
2. Exemptions:
   • You are exempt from meeting the minimum income threshold if your spouse/partner receives certain benefits, such as Disability Living Allowance or Personal Independence Payment.
   • In such cases, you must provide evidence that you can adequately maintain yourselves and any dependents without relying on public funds.
3. Accommodation Requirement:
   • You must also demonstrate that you have adequate accommodation for yourself and any dependents residing with you.

At Axis Solicitors, we are here to help you navigate these financial requirements, ensuring your application meets all the necessary criteria.

Costs for Applying for FLR (M)

If you are applying to extend your FLR (M) visa in 2024, be aware of the following costs:

Application Fee

The Home Office fee for an FLR (M) extension is now £1,258 as of 24 July 2024. This must be paid when submitting your application.

Immigration Health Surcharge (IHS)

The current Immigration Health Surcharge (IHS) fee is typically £1,035 per year, as outlined in the Immigration (Health Charge) (Amendment) Order 2023 and stated on the official UK government website.

To calculate your IHS, follow these steps:

1. Multiply the number of years of leave requested by £1,035.
2. If the duration is not a whole number of years, round up to the nearest half year.

For example, if you are applying for a visa with 2 years and 6 months (2.5 years) of leave:

• Calculation: 2.5 years × £1,035
• IHS to pay: £2,587.50

The government provides an online IHS calculator if you prefer not to do the maths yourself.

To avoid any delays or complications when applying for a UK visa, accurately calculate and pay the correct Immigration Health Surcharge amount. Double-check your calculations and ensure you have the funds available to cover the IHS fee before submitting your visa application.

Other Potential Expenses

English Language Test

Retaking the English test to demonstrate proficiency costs around £150 per attempt.

Document Translation

Any non-English/Welsh documents must be professionally translated. Translation usually costs £60-85 per page based on document length and complexity.

The FLR (M) extension process can be complex and expensive. The immigration solicitors at Axis can guide you through the requirements and fees to prepare an accurate application. Contact us for expert assistance with your FLR (M) extension.

Required Documents: FLR (M) Application

When submitting your FLR (M) form, you will need to provide the following supporting documents:

• Current Passport or Valid Travel ID: Ensure you submit your current passport or another valid travel identification document.
• Copies of Previous Passports: Include copies of the photo page and any visa or entry stamps from your previous passports.
• Biometric Residence Permit (BRP): If you have a BRP, include a copy of this document.
• Proof of Sponsor’s Immigration Status: Provide evidence of your spouse, partner, or parent’s immigration status in the UK.
• Proof of Relationship: Submit documents that demonstrate your relationship with your spouse, partner, or parent, such as a marriage certificate or birth certificate.
• Details of Criminal Convictions: Include details of any criminal convictions you may have.
• National Insurance Number: If you have a National Insurance number, include it in your application.
• Language Requirement Evidence: Provide proof that you meet the minimum English language requirements, such as a valid test certificate.
• Financial Requirement Evidence: Submit documentation proving that you meet the minimum financial requirements, such as bank statements, payslips, or savings account details.

Additionally, if any of your documents are not in English or Welsh, you must provide a certified translation.

Ensuring that you have all the necessary documents prepared and correctly translated is crucial to the success of your FLR (M) application. If you need further assistance, Axis Solicitors can guide you through the documentation process, ensuring that your application is comprehensive and accurate.

Applying for FLR (M)

When Should I Apply for FLR (M)?

To renew your Family or Spouse visa under FLR (M), you must apply before your current visa expires. It is advisable to submit your application no more than 28 days before your visa’s expiry. Applying too early could require an additional visa extension to meet the five-year residency requirement for Indefinite Leave to Remain (ILR). By applying within the last 28 days, you typically only need one extension to fulfil the ILR requirements.

If your visa expires while your FLR (M) application is under review, your legal status is automatically extended until a decision is made, as long as the application was submitted before your current visa expired.

How Do I Apply for FLR (M)?

You must complete the application online through the Government website. You need to be physically present in the UK with a valid Spouse or Family visa. The application requires detailed information about yourself, any dependent children, and your sponsor (spouse, civil partner, or unmarried partner).

Accurate and complete information is crucial. Make sure to use the most up-to-date form, and ensure that both you and your sponsor sign the required declarations. Proper completion of these steps is essential to avoid delays or complications.

Can I Extend My Visa Outside of the UK?

No, you must be physically present in the UK to apply for an FLR (M) extension. The application, including document submission and biometric appointments, must be completed within the UK.

How Long Will I Be Granted Once My Application Is Successful?

If your FLR (M) application is successful, you will be granted an additional 2.5 years of leave to remain. A new biometric residence permit (BRP) will be issued, reflecting the updated validity dates.

Can I Travel While My Application Is Pending?

You cannot travel outside the UK while your FLR (M) application is pending. Leaving the country will result in your application being treated as withdrawn.

What Is the Processing Time for FLR (M)?

The standard processing time for an FLR (M) application is approximately 8 weeks. If you opt for the priority service, you can receive a decision the next working day after attending your biometric appointment.

FLR Categories in the UK

Further Leave to Remain (FLR) refers to the process of extending your stay in the UK by applying for additional time on your current visa. Depending on your specific circumstances and the visa you currently hold, there are three main types of FLR applications you may need to consider.

1. FLR(M):
   FLR(M) is intended for family members of British or Irish citizens, or those with settled status in the UK. This category is commonly used by individuals on Family visas, such as the Spouse visa, to extend their stay for an additional 30 months. It ensures that families can remain together while they meet the requirements for further settlement.
2. FLR(IR):
   FLR(IR) applies to individuals needing to extend their stay in the UK for various specific reasons. This form is typically used by those on an Ancestry visa, parents of child students, or domestic workers in private households, among others. Each category under FLR(IR) has its own set of criteria that must be met to qualify for an extension.
3. FLR(FP):
   FLR(FP) is designed for individuals who wish to extend their stay based on their family or private life. This category often includes those who were originally granted visas under human rights grounds. Whether you are seeking to remain in the UK with your family or because of your private life established here, FLR(FP) is the route you would pursue.

Our experienced immigration solicitors are well-versed in all aspects of Further Leave to Remain applications. Whether you need guidance on which FLR category is right for you or assistance in ensuring your application is thorough and compelling, we are here to help.

Our FLR (M) Services

Our dedicated team of immigration experts is here to provide you with tailored guidance, ensuring your application is handled with care to maximise your chances of success.

Further Leave to Remain (M) allows individuals already residing in the UK to extend their stay for an additional period. This visa category is commonly used by those on a spouse or partner visa, work permit, or study visa, who wish to continue their lives in the UK without disruption.

Support Every Step of the Way

Document Preparation

The first step in the FLR (M) process is gathering the necessary documentation to support your application. Our experienced team will work closely with you to identify and compile all required documents, ensuring your case is as strong as possible.

Application Submission

Once your application is complete, we will manage the submission process on your behalf. We understand the importance of accuracy and timeliness, and we ensure that your application is presented in the best possible light.

Ongoing Communication

The UK Visas and Immigration (UKVI) department’s review process can take several months. During this period, our team will keep you informed with regular updates and be available to address any concerns or questions you may have. We are committed to providing clarity and peace of mind throughout your application journey.

Securing Your Future in the UK

If your FLR (M) application is successful, you will be granted the right to continue living, working, or studying in the UK for a specified period. This success opens the door to further opportunities and stability in your life.

Why Choose Axis Solicitors?

At Axis Solicitors, we pride ourselves on delivering unparalleled service and support. We understand that this application process represents a critical time in your life, and we are dedicated to making it as stress-free as possible. Our client-centred approach ensures that you receive personalised attention, expert advice, and the appropriate level of legal support.

The Next Step

Contact Axis Solicitors today to schedule a consultation with one of our experienced immigration solicitors. Together, we will work to secure a successful outcome for your application, extending your stay in the UK and ensuring that your future remains bright.