1. What is the Form FLR(IR)?
The Form FLR(IR) is an application form used by individuals who are already residing in the UK and wish to extend their stay based on their long-term residence in the country. This application is made under the “10-year route to settlement” for those who have lived continuously in the UK for at least 10 years and meet the necessary requirements. The FLR(IR) application allows applicants to request further leave to remain in the UK, providing them with the opportunity to continue living in the country legally. It is crucial to ensure that all sections of the form are completed accurately and all required documentation is included to support the application. Applicants should also be mindful of the deadlines and guidelines outlined by the UK Visas and Immigration (UKVI) to avoid any delays or complications in the application process.
2. Who is eligible to apply for Further Leave to Remain (FLR) on the basis of long residence?
1. Individuals who have been residing in the UK continuously for at least 10 years may be eligible to apply for Further Leave to Remain (FLR) on the basis of long residence. It is essential that the applicant has lived in the UK legally and continuously for the entire duration of the 10 years.
2. In addition to meeting the residency requirement, applicants must also demonstrate that they have been of good character during their time in the UK. This involves having no criminal convictions or other issues that could impact their application negatively.
3. It is important to note that each case is unique, and eligibility for FLR on the basis of long residence will ultimately depend on the specific circumstances of the individual applicant. For a successful application, it is recommended to seek guidance from an immigration expert to ensure all requirements are met and the necessary supporting documents are provided.
3. What documents are required to support an FLR application based on long residence?
When applying for Further Leave to Remain (FLR) in the UK on the basis of long residence, there are several key documents that are required to support your application. These documents include:
1. A valid passport or travel document to prove your identity and nationality.
2. Evidence of your continuous residence in the UK for the required period (usually 10 years), such as utility bills, bank statements, tenancy agreements, and official correspondence.
3. Proof of any periods of absence from the UK during your residency, including reasons for travel and supporting documentation.
4. Any relevant documentation related to your employment, education, or family ties in the UK.
5. Police registration certificate (if applicable).
6. Biometric residence permit (BRP) if you currently hold one.
7. Payment of the application fee.
It is crucial to ensure that you submit a comprehensive and well-organized set of supporting documents to strengthen your FLR application based on long residence and increase the likelihood of a successful outcome.
4. How long does an applicant need to have been living in the UK to be eligible for FLR on the basis of long residence?
To be eligible for FLR(IR) on the basis of long residence, an applicant needs to have been living in the UK continuously and legally for at least 10 years. This means that the applicant must have resided in the UK for the entirety of the 10-year period without any breaks in their stay. Any gaps or periods of overstaying could affect the continuity of residence and may impact the eligibility for this category of leave to remain. It is essential for applicants to provide evidence to prove that they meet the residency requirements, such as through employment records, utility bills, tenancy agreements, and other relevant documentation. It is advisable to seek guidance from immigration experts to ensure that all requirements are met when applying for FLR on the basis of long residence.
5. Is there a minimum or maximum age requirement for applying for FLR based on long residence?
There is no minimum age requirement for applying for Further Leave to Remain (FLR) based on long residence in the UK. Both adults and children can apply for FLR on the basis of long residence provided they meet the eligibility criteria. However, it is important to note that individuals who are under the age of 18 must have a parent or guardian apply on their behalf as their legal representative. This ensures that all necessary documentation and requirements are fulfilled in the application process.
6. Can I include dependents in my FLR application based on long residence?
Yes, you can include dependents in your FLR application based on long residence. When applying for Further Leave to Remain (FLR) in the UK on the basis of long residence, you have the option to include your dependents such as your spouse, civil partner, unmarried partner, or children under the age of 18. It is important to note that each dependent must meet the eligibility requirements for FLR based on long residence and provide the necessary supporting documents to strengthen the application. Additionally, you will need to demonstrate that you can accommodate and support your dependents financially in the UK. Including dependents in your FLR application can impact the overall processing time and required documentation, so it is important to carefully consider and prepare for their inclusion.
7. What is the processing time for an FLR application on the basis of long residence?
The processing time for an FLR application on the basis of long residence can vary depending on various factors such as the complexity of the case, current caseload of the Home Office, and any additional checks that may be required. In general, standard processing times for FLR applications range from a few weeks to several months. However, it is important to note that there is no specific timeframe provided by the Home Office for processing FLR applications based on long residence. It is recommended to submit a complete and well-documented application to help expedite the processing time. Additionally, using priority or super-priority services, if available, can help to speed up the processing time for an additional fee.
8. Is there an English language requirement for FLR based on long residence?
Yes, applicants applying for Further Leave to Remain (FLR) in the UK on the basis of long residence are required to meet an English language requirement. The specific English language proficiency level required depends on the length of time the applicant has resided in the UK.
1. If the applicant has been resident in the UK for less than 15 years, they must demonstrate an English language proficiency at level A2 of the Common European Framework of Reference for Languages (CEFR).
2. If the applicant has been resident in the UK for 15 years or more, they must demonstrate an English language proficiency at level B1 of the CEFR.
It is important for applicants to meet this requirement and provide the relevant evidence, such as a valid English language test certificate, to support their FLR application based on long residence. Failure to meet the English language requirement may result in the application being refused.
9. What are the fees for applying for FLR on the basis of long residence?
The fee for applying for Further Leave to Remain (FLR) on the basis of long residence in the UK is £2,389 as of October 2021. This fee covers the processing costs associated with the application and includes the healthcare surcharge. It is important to note that these fees are subject to change and applicants should refer to the most recent fee schedule on the UK government’s official website before submitting their application. Additionally, there may be other costs associated with supporting documents, translations, and other services related to the application process. It is advisable to budget accordingly and seek guidance from an immigration expert to ensure a smooth and successful application process.
10. Can I work in the UK while my FLR application on the basis of long residence is being processed?
Yes, you can work in the UK while your FLR application on the basis of long residence is being processed, as long as you submitted your application before your previous visa expired and you meet all the other eligibility requirements. There are specific conditions to be met to work in the UK while your FLR application is under consideration:
1. You must have held valid leave to remain in the UK before applying for Further Leave to Remain.
2. You must not have been employed illegally in the UK.
3. You may need to submit specified evidence to show that you have the right to work in the UK while your application is being processed.
It is important to note that you should check the specific guidance provided for FLR applications to ensure you comply with all the requirements to work legally in the UK while your application is being considered.
11. What are the consequences of overstaying while waiting for a decision on an FLR application based on long residence?
Overstaying while waiting for a decision on an FLR application based on long residence can have serious consequences. Here are some of the potential repercussions:
1. Negative Immigration History: Overstaying can result in a negative mark on your immigration record, which could impact any future applications you make to remain in the UK or elsewhere.
2. Accrual of Unlawful Presence: The longer you overstay, the more unlawful presence you accrue, which can harm your chances of success in future immigration applications and may lead to a re-entry ban.
3. Risk of Deportation: If you are found to have overstayed, you may face deportation proceedings, especially if your application is ultimately refused.
4. Loss of Rights: Overstaying can lead to a loss of certain rights and privileges within the UK, such as access to public funds, healthcare, and the ability to work.
5. Impact on Long Residence Claim: Overstaying can undermine your claim for further leave to remain on the basis of long residence, as it goes against the requirement of continuous lawful residence.
6. Financial Penalties: Depending on the circumstances, there may be financial penalties associated with overstaying, which can add to the already stressful situation.
It is crucial to adhere to the conditions of your visa and immigration status while awaiting a decision on your FLR application to avoid these detrimental consequences. If you have concerns about your status or need assistance with your application, seeking advice from an immigration expert is highly recommended.
12. Do I need to attend an interview as part of the FLR application process for long residence?
Yes, applicants for Further Leave to Remain (FLR) in the UK on the basis of long residence may be required to attend an interview as part of the application process. The interview is usually conducted to verify the information provided in the application and to assess the applicant’s eligibility for the visa. The Home Office will notify you if an interview is required and provide details on the location, date, and time. It is important to attend the interview as scheduled and to prepare thoroughly by familiarizing yourself with the information provided in your application and being ready to answer questions about your residence history in the UK. Failure to attend the interview without a valid reason may result in your application being delayed or refused.
13. What happens if my FLR application based on long residence is refused?
If your FLR application based on long residence is refused, several things may happen:
1. You will be notified of the reasons for the refusal in writing, along with information on whether you have the right to appeal the decision.
2. If you do have the right to appeal, you must follow the instructions provided in the refusal letter to lodge an appeal within the specified timeframe.
3. If your appeal is unsuccessful, you may be required to leave the UK. This could result in deportation if you do not leave voluntarily.
4. Depending on the circumstances, you may be granted a period of time to make arrangements to depart the UK, during which you could be subject to certain conditions.
5. It is important to seek legal advice if your FLR application is refused to understand your options and the potential consequences.
14. Can I appeal a decision on my FLR application for long residence?
Yes, you can appeal a decision on your FLR application for long residence if your application is refused. The refusal letter you receive will include information on how to appeal the decision. In order to appeal, you must generally submit your appeal within 14 calendar days of the date you receive the refusal letter.
To appeal the decision on your FLR application for long residence, you will need to complete an appeal form and provide supporting documents to present your case. It is important that you carefully review the reasons for the refusal stated in the refusal letter and address them in your appeal. Appeals are usually heard by the First-tier Tribunal (Immigration and Asylum Chamber) in the UK.
It is recommended to seek legal advice or assistance from an immigration lawyer or adviser when appealing a decision on your FLR application for long residence to increase your chances of a successful outcome.
15. Can I switch to a different visa category while on Further Leave to Remain based on long residence?
Yes, it is possible to switch to a different visa category while on Further Leave to Remain (FLR) based on long residence. However, there are specific rules and requirements that must be met in order to do so.
1. The new visa category you wish to switch to must be one that you are eligible for based on your current circumstances and immigration history.
2. You will need to submit a new visa application for the desired category, providing all necessary documentation and evidence to support your eligibility.
3. It is important to carefully review the eligibility criteria and application requirements for the new visa category before submitting your application.
4. Switching to a different visa category while on FLR based on long residence may have implications on your long-term immigration status and eligibility for settlement in the UK, so it is advisable to seek guidance from an immigration expert or legal adviser before making any changes to your visa status.
16. How far in advance can I apply for Further Leave to Remain on the basis of long residence?
You can apply for Further Leave to Remain (FLR) on the basis of long residence no more than 28 days before your current visa expires. It is important to make sure you submit your application within this timeframe to avoid any potential issues with your immigration status in the UK. Applying too early may result in your application being rejected, while applying too late could lead to complications such as having to leave the country and reapply from abroad. Therefore, it is recommended to plan ahead and submit your FLR application within the allowed 28-day window to ensure a smooth transition to your new visa status.
17. What is the validity period of FLR granted on the basis of long residence?
FLR granted on the basis of long residence is typically issued for a period of 2.5 years, also known as 30 months. This allows individuals who have lawfully resided in the UK for an extended period to continue living in the country without any restrictions. It is crucial to note that individuals granted FLR on the basis of long residence must make a subsequent application when this leave nears expiration in order to remain lawfully in the United Kingdom. It is advisable to begin preparing for the renewal process well in advance to ensure continuity of legal status.
18. Will my immigration history be taken into account when applying for FLR based on long residence?
Yes, your immigration history will be taken into account when applying for Further Leave to Remain (FLR) based on long residence in the UK. The Home Office will consider various factors related to your past immigration status and conduct during your stay in the UK. This may include any previous visa refusals, overstaying incidents, or breaches of immigration rules. It is crucial to disclose all relevant information about your immigration history in your FLR application to avoid any complications or potential refusals. Providing supporting documents and explanations for any negative aspects of your immigration history can strengthen your case and demonstrate your eligibility for further leave to remain on the basis of long residence.
19. Can I travel outside the UK while my FLR application on the basis of long residence is pending?
Yes, you can travel outside the UK while your FLR application on the basis of long residence is pending. However, there are certain important considerations to keep in mind:
1. Please be aware that if you leave the UK while your FLR application is pending, it could potentially be considered as withdrawn by the Home Office. This means that you may need to submit a fresh application if you wish to continue the process.
2. To avoid any complications, it is advisable to seek legal advice before traveling outside the UK while your application is being processed. An immigration expert can provide you with the necessary guidance on how to proceed without jeopardizing the status of your application.
3. If you decide to travel, make sure you have all the required travel documents, such as your passport and any relevant visas, to re-enter the UK. It’s also a good idea to carry a copy of your FLR application receipt or acknowledgment letter to show proof of your pending application upon re-entry.
In conclusion, while it is possible to travel outside the UK during the processing of your FLR application, it is crucial to consider the potential implications and take necessary precautions to ensure a smooth continuation of your immigration process.
20. What are the conditions attached to Further Leave to Remain granted on the basis of long residence?
When Further Leave to Remain (FLR) is granted on the basis of long residence in the UK, there are several conditions attached to the permission to stay. It is crucial for the individual to adhere to these conditions to maintain their lawful status in the country:
1. Individuals granted FLR on the basis of long residence are required to continue residing in the UK and not travel outside the country for prolonged periods without valid reasons.
2. They must not engage in any activities that are prohibited under their visa category or breach any immigration laws during their stay.
3. It is essential for the individual to comply with reporting requirements, which may include registering with the police if applicable, updating contact information, and notifying the Home Office of any changes in circumstances.
4. Some individuals might have restrictions on their ability to access public funds, work, study, or engage in specific types of activities, depending on the conditions specified in their FLR grant.
Overall, individuals granted FLR on the basis of long residence must ensure that they understand and fulfil all conditions attached to their permission to stay in the UK to avoid any potential breaches of immigration regulations and to safeguard their status in the country.