1. What is the purpose of the FLR(M) application?
The purpose of the FLR(M) application is to apply for further leave to remain in the UK as a partner or spouse of a British citizen or settled person. This application allows individuals who are already in the UK on a spouse or partner visa to extend their stay once their current visa is about to expire. By submitting this application, applicants can continue living with their partner in the UK legally and maintain their family life. The FLR(M) application also provides an opportunity for individuals to eventually apply for settlement in the UK, which can lead to obtaining indefinite leave to remain (ILR) and potentially British citizenship.
2. Who is eligible to apply for FLR(M)?
Those eligible to apply for Further Leave to Remain (FLR) as a partner/spouse include individuals who are already in the UK on a valid Spouse Visa (also known as a Family Visa or a Partner Visa) and wish to extend their stay beyond the initial visa period. Eligibility criteria for FLR(M) application typically include:
1. The applicant must continue to meet the financial requirements set by the UK government, which may involve demonstrating a certain level of income or savings.
2. The applicant must still be in a genuine and subsisting relationship with their British or settled partner, as evidenced by providing updated documentary proof of the relationship.
3. The applicant must continue to meet the English language requirement, which usually requires demonstrating proficiency in English at the A1 level of the Common European Framework of Reference for Languages (CEFR).
4. The applicant must not have breached any UK immigration laws and must have complied with the terms of their previous visa.
Meeting these criteria is essential for a successful FLR(M) application and ensuring the continuation of one’s stay in the UK as a partner or spouse.
3. What is the required evidence to support the FLR(M) application?
When applying for Further Leave to Remain (FLR) as a partner or spouse in the UK, it is crucial to provide thorough and convincing evidence to support your application. The required evidence includes:
1. Proof of relationship: This can be demonstrated through marriage or civil partnership certificates, joint bank statements, correspondence addressed to both parties at the same address, and photographs of you and your partner together.
2. Accommodation details: You must provide evidence of suitable accommodation for you and your partner, such as a tenancy agreement or property ownership documents.
3. Financial documentation: This includes bank statements, payslips, and employment letters to show that you and your partner can financially support yourselves without recourse to public funds.
4. Identity documents: You need to provide valid passports or travel documents for both partners.
5. English language requirements: If applicable, evidence of meeting the English language requirement must be included, such as a valid English language test certificate.
6. Immigration history: Any relevant immigration documents, such as previous visas or residence permits, should be included to demonstrate your continuous and lawful residence in the UK.
7. Additional supporting documents: Any other documents that can strengthen your case, such as letters of support from family and friends, photographs of the relationship, or any other relevant evidence.
By ensuring you provide all the necessary evidence and documentation detailed above, you can enhance the chances of a successful outcome for your FLR(M) application.
4. What are the financial requirements for FLR(M) as a partner or spouse?
The financial requirements for FLR(M) as a partner or spouse are crucial to meet in order to have a successful application. The main financial requirement revolves around meeting the Minimum Income Threshold, which is currently set at £18,600 per year. Some key points regarding the financial requirements for FLR(M) include:
1. Evidence of income: Applicants must provide proof of their income through payslips, bank statements, tax returns, or a letter from their employer.
2. Additional income sources: If the sponsor does not meet the Minimum Income Threshold through their employment alone, they can combine income from various sources such as savings, rental income, or other assets.
3. Self-employment: Self-employed sponsors need to provide additional documentation, like business accounts or tax returns, to demonstrate their income.
4. Exemptions: There are some exemptions to the Minimum Income Threshold for certain circumstances, such as if the applicant receives certain disability benefits or if there are exceptional circumstances that prevent the sponsor from meeting the requirement.
Meeting the financial requirements is crucial for a successful FLR(M) application as they play a significant role in assessing the sponsor’s ability to financially support the applicant during their stay in the UK. It is recommended to seek guidance from an immigration expert to ensure all financial requirements are met adequately.
5. How long can you stay in the UK with a successful FLR(M) application?
With a successful FLR(M) application, you can typically stay in the UK for a further 30 months (2.5 years). This is the standard duration granted for further leave to remain as a partner or spouse. After this initial period, you may be eligible to apply for further extensions of stay in the UK, provided you continue to meet the requirements set out by the Home Office. It is essential to adhere to the conditions of your visa and keep track of its expiry date to ensure that you maintain lawful status in the UK throughout your stay.
6. Can you work in the UK while on FLR(M)?
Yes, individuals holding a valid Further Leave to Remain (FLR(M)) visa as a partner or spouse in the UK are generally allowed to work. Here are some important points to consider:
1. Permission to work: FLR(M) visa holders have the right to work in the UK without any restrictions. They do not need a separate work permit or endorsement to take up employment.
2. Conditions: It is important to ensure that the conditions of the FLR(M) visa are met and adhered to. Working should not breach any of the visa conditions, and individuals should continue to maintain their relationship and residence as a partner or spouse.
3. Proof of visa status: It is advisable for FLR(M) visa holders to keep evidence of their visa status handy, such as their Biometric Residence Permit (BRP), in case an employer requests verification of their right to work in the UK.
Overall, individuals holding FLR(M) visas can work in the UK without the need for additional authorization, as long as they comply with the visa conditions and regulations governing employment in the UK.
7. Can you study in the UK on FLR(M)?
Yes, individuals holding a valid Further Leave to Remain (FLR(M)) visa as a partner or spouse can study in the UK. Here are some important points to consider:
1. Permission: You are allowed to study on an FLR(M) visa, but it is essential to ensure that your visa conditions permit you to engage in educational activities.
2. Full-Time Study: If you intend to pursue full-time studies, it is crucial to confirm that your course meets the requirements set by the UK Visas and Immigration (UKVI) and that it is from an accredited institution.
3. Financial Dependence: It’s important to note that as a FLR(M) visa holder, you should be financially capable of supporting yourself and any dependents, including covering your tuition fees and living expenses during your studies.
4. Visa Validity: Ensure that your FLR(M) visa is valid for the duration of your intended course to avoid any complications with your immigration status.
5. Compliance: Be sure to comply with all visa conditions, such as maintaining your relationship with your partner or spouse, and inform the authorities if there are any changes in your circumstances, including your academic pursuits.
Overall, studying in the UK on an FLR(M) visa is possible, but it is crucial to adhere to the visa conditions and regulations to avoid any issues with your immigration status.
8. What happens if your FLR(M) application is refused?
If your FLR(M) application is refused, there are several options available to you:
1. Review the refusal letter: It is important to carefully review the reasons for the refusal provided in the Home Office decision letter. Understanding the grounds on which your application was refused will help you in deciding the next steps to take.
2. Appeal the decision: If you believe that the decision to refuse your FLR(M) application was incorrect, you have the right to appeal to the First-tier Tribunal within 14 days of receiving the refusal decision. The tribunal will review your case and make a decision based on the evidence provided.
3. Submit a new application: Depending on the reasons for the refusal, you may have the option to submit a new FLR(M) application. It is important to address the issues that led to the refusal in your new application and provide additional supporting evidence to strengthen your case.
4. Seek legal advice: If your FLR(M) application has been refused, it may be beneficial to seek advice from a qualified immigration solicitor or advisor. They can review your case, provide guidance on the best course of action, and represent you if you choose to appeal the decision.
5. Consider other options: If your FLR(M) application has been refused, you may want to explore alternative immigration routes or options available to you based on your individual circumstances.
Overall, it is crucial to take prompt action if your FLR(M) application is refused to ensure that your immigration status is protected and to explore all available options for challenging the decision.
9. Is there an English language requirement for FLR(M)?
Yes, there is an English language requirement for FLR(M) applications. In order to meet this requirement, applicants must prove their knowledge of the English language by providing one of the following documents:
1. An academic qualification that is recognized by UK NARIC as being equivalent to a UK bachelor’s degree, master’s degree or PhD.
2. A qualification deemed by UK NARIC to meet the equivalent standard of a UK bachelor’s or master’s degree obtained in a majority English-speaking country.
3. A test certificate showing that the applicant has passed an approved English language test such as the IELTS (International English Language Testing System) with at least CEFR level A1 in reading, writing, speaking, and listening.
4. In some cases, applicants may be exempt from the English language requirement if they are unable to meet it due to a disability or exceptional circumstances.
It is important to provide the correct evidence to demonstrate compliance with the English language requirement in order to avoid delays or potential refusal of the FLR(M) application.
10. Can you switch to FLR(M) from another visa category?
Yes, it is possible to switch to the FLR(M) visa category from certain other visa categories within the UK, provided you meet the eligibility criteria for the FLR(M) application as a partner or spouse. Here are some key points to consider when switching to FLR(M) from another visa category:
1. You must currently hold a valid visa that allows for a switch to the FLR(M) visa category. Common visa categories that may allow for a switch to FLR(M) include the Tier 1, Tier 2, Tier 4, and Tier 5 visas, as well as other family-related visas.
2. You must be able to meet the requirements of the FLR(M) visa category, which typically include demonstrating a genuine and subsisting relationship with your British or settled partner, meeting the financial requirement, and providing evidence of suitable accommodation.
3. It is important to carefully review the specific requirements for switching to the FLR(M) visa category from your current visa type, as certain restrictions or conditions may apply.
4. You should apply for the FLR(M) visa before your current visa expires to ensure continuity of your legal stay in the UK and avoid any potential issues with your immigration status.
Overall, switching to the FLR(M) visa category from another visa type is possible for eligible individuals who meet the necessary criteria and submit a complete and accurate application with supporting evidence.
11. How much does it cost to apply for FLR(M)?
1. As of November 2021, the fee for applying for Further Leave to Remain (FLR) as a partner or spouse under the FLR(M) category is £1033 if you apply by post or £1473 if you apply in person at a premium service center. It is important to note that these fees can change, so it is recommended to check the official UK government website for the most up-to-date information on application fees. Additionally, there may be additional fees for services such as the Immigration Health Surcharge and priority processing, if desired. Make sure to budget for these potential extra costs when planning your application.
12. What is the processing time for FLR(M) applications?
The processing time for FLR(M) applications can vary depending on various factors such as the complexity of the case, the volume of applications being received by the Home Office, and whether any additional documents or information is requested during the assessment process. Typically, the standard processing time for FLR(M) applications is around 8 weeks from the date of submission. However, it is essential to note that this timeframe is an estimate, and delays can sometimes occur. The Home Office aims to process the majority of straightforward FLR(M) applications within this timeframe, but more complex cases or those requiring further scrutiny may take longer to be processed. Applicants should ensure that they submit a complete and accurate application to help expedite the processing time.
13. Can you include dependents in your FLR(M) application?
Yes, you can include dependents in your FLR(M) application if they are already in the UK with you as your dependents. Dependents can be your children under the age of 18, or your partner’s children under the age of 18 if they are in the UK with you. In order to include dependents in your FLR(M) application, you must provide the necessary documentation for each dependent, such as their passport, birth certificate, and evidence of their relationship to you or your partner. You will also need to meet the financial requirements for each dependent included in the application. It is important to ensure that all required documents are submitted accurately and that the application fee is paid for each dependent included in the application.
14. Do you need to attend an interview for FLR(M)?
Yes, applicants for Further Leave to Remain (FLR) as a partner or spouse may be required to attend an interview as part of the application process. The purpose of the interview is to assess the genuineness of the relationship between the applicant and their partner or spouse. During the interview, the Home Office may ask questions about the nature of the relationship, living arrangements, financial aspects, and future plans. It is essential to prepare thoroughly for the interview and ensure that all relevant documentation supporting the relationship is in order. The interview is a crucial part of the application process, and attending it is mandatory unless there are exceptional circumstances that prevent the applicant from doing so.
15. What are the accommodation requirements for FLR(M)?
The accommodation requirements for Form FLR(M) involve demonstrating that the applicant and their partner or spouse have suitable accommodation available to them without recourse to public funds. The accommodation must meet certain standards to ensure that it is adequate for the couple to live in and that it will not be overcrowded. This includes providing evidence such as a tenancy agreement, property inspection report, or utility bills to show that the accommodation is safe, habitable, and meets local housing regulations. Additionally, it is important to show that the accommodation is affordable and that there are no legal restrictions preventing the couple from living there. Meeting these accommodation requirements is crucial for a successful FLR(M) application and failure to do so may result in the application being refused.
16. Can you apply for settlement (indefinite leave to remain) after FLR(M)?
Yes, you can apply for settlement (indefinite leave to remain) after successfully obtaining Further Leave to Remain (FLR(M)) as a partner or spouse in the UK. In order to be eligible for settlement, you generally need to have completed a continuous period of residency in the UK, typically for a period of five years. This period of residency is usually counted from the date on which you first entered the UK with a partner or spouse visa.
In addition to meeting the residency requirement, you would also need to demonstrate that you continue to meet the financial requirements, relationship requirements, and other eligibility criteria set out by the Home Office at the time of your settlement application. It’s important to note that the rules and requirements for settlement applications can vary and it is advisable to seek legal advice or guidance from a professional immigration advisor to ensure that you meet all the necessary criteria and provide the required documentation when applying for settlement after FLR(M).
17. What happens if your relationship breaks down during the FLR(M) application process?
If your relationship breaks down during the FLR(M) application process, it can have significant implications for your immigration status in the UK. Here’s what may happen:
1. Your application may be refused: If your relationship breaks down before you receive a decision on your FLR(M) application, the Home Office may refuse your application on the basis that you no longer meet the requirements of the Immigration Rules as a partner or spouse.
2. Possibility of curtailment of leave: If your relationship breaks down after your FLR(M) application has been granted, your leave to remain in the UK may be curtailed, leading to you having to leave the country before the expiry of your current visa.
3. Seek legal advice: In such situations, it is crucial to seek legal advice from an immigration solicitor or advisor who can guide you on the best course of action based on your individual circumstances. They may be able to help you explore alternatives or make representations to the Home Office on your behalf.
4. Consider other visa options: If your relationship has broken down irretrievably, it may be necessary to consider alternative visa options that are available to you based on your specific circumstances, such as applying for a visa under a different category or considering voluntary departure from the UK.
Overall, dealing with a breakdown in your relationship during the FLR(M) application process can be complex and stressful. It is important to seek professional advice to understand your rights and options in such a situation.
18. How can you prove cohabitation for FLR(M) purposes?
Proving cohabitation is an important requirement when applying for Further Leave to Remain (FLR) as a partner or spouse. To demonstrate cohabitation, you can provide various types of evidence, such as:
1. Joint tenancy agreement or mortgage documents showing both of your names.
2. Utility bills (gas, electricity, water) in both names at the same address.
3. Bank statements or official correspondence addressed to both of you at the same address.
4. Correspondence from government agencies, such as HM Revenue & Customs or the Department for Work and Pensions, addressed to both of you.
5. Evidence of joint financial responsibilities, such as joint bank accounts, loans, or savings accounts.
6. Correspondence from healthcare providers showing joint enrollment or registration at the same address.
7. Any other official documents showing joint commitments or responsibilities, such as insurance policies or joint memberships.
It is crucial to provide a variety of evidence spanning different categories to demonstrate a genuine and subsisting relationship for FLR(M) purposes.Submitting a comprehensive set of documents can strengthen your case and help prove the legitimacy of your cohabitation.
19. Can you apply for FLR(M) if you have a criminal record?
Yes, you can still apply for FLR(M) if you have a criminal record. However, having a criminal record may affect your application and could lead to it being refused depending on the severity of the offense committed. It is essential to provide full and honest disclosure of your criminal history in your application, including details of any convictions, cautions, or pending charges.
1. If you have any criminal convictions, you should provide details of these in your application and may be required to provide additional documents such as court records or character references.
2. Depending on the nature of the offense, you may be asked to attend an interview to further discuss your criminal history and the circumstances surrounding it.
3. It is advisable to seek legal advice or assistance from an immigration expert when applying for FLR(M) with a criminal record to understand how it may impact your application and what steps you can take to strengthen your case.
Ultimately, each case is unique, and the Home Office will assess your application based on the individual circumstances, including the nature and relevance of the criminal record to your application for Further Leave to Remain as a partner or spouse.
20. Are there any additional documents or considerations for FLR(M) applications made during the COVID-19 pandemic?
Yes, there are several additional documents and considerations for FLR(M) applications made during the COVID-19 pandemic. Here are some key points to keep in mind:
1. Biometric Residence Permits (BRPs) extension: If your visa has expired, but you cannot leave the UK due to COVID-19 travel restrictions, you may be granted an extension to your BRP.
2. Travel history: You may need to provide evidence of your travel history for the period covered by your current visa, especially if you have been unable to travel due to the pandemic.
3. Financial implications: If your financial circumstances have been significantly affected by the pandemic, you should provide evidence to support this, such as job loss or reduced income.
4. Accommodation: Any changes in your living arrangements due to the pandemic should be clearly explained, particularly if you have moved to a new address.
5. Healthcare access: If you have experienced difficulties accessing healthcare or have had to self-isolate due to COVID-19, provide relevant documentation to support your situation.
6. Updated relationship evidence: If your relationship circumstances have changed during the pandemic, provide updated evidence to reflect this, such as joint financial commitments or evidence of cohabitation.
7. Any other relevant information: It is essential to provide any additional details or documents that demonstrate how the pandemic has impacted your personal circumstances and ability to meet the requirements of the FLR(M) application.
Ensuring that you have all the necessary documentation and information relevant to your situation will increase the likelihood of a successful outcome for your FLR(M) application during these challenging times.