1. What is Form FLR(HRO) for and who is eligible to apply?
Form FLR(HRO) is used for individuals seeking Further Leave to Remain in the UK under the categories of Humanitarian Protection or Discretionary Leave. This form allows eligible applicants to extend their stay in the UK on humanitarian or discretionary grounds.
1. Individuals who are currently in the UK on Humanitarian Protection or Discretionary Leave can apply using Form FLR(HRO) to extend their stay.
2. Individuals who have been granted asylum and are transitioning from their initial asylum grant to Humanitarian Protection or Discretionary Leave may also use this form to apply for further leave.
3. Eligible applicants must demonstrate that they continue to meet the criteria for Humanitarian Protection or Discretionary Leave in order to successfully extend their stay in the UK.
2. What is the difference between Humanitarian Protection and Discretionary Leave?
Humanitarian Protection and Discretionary Leave are both forms of immigration status granted to individuals with specific protection needs, but they differ in their eligibility criteria and duration. Here is how they differ:
1. Eligibility: Humanitarian Protection is granted to individuals who do not qualify for refugee status but are in need of international protection due to serious harm if returned to their home country. Discretionary Leave, on the other hand, is granted at the discretion of the Home Office to individuals who do not meet the requirements of any other form of leave but are still in need of protection for other compelling or compassionate reasons.
2. Duration: Humanitarian Protection is usually granted for 5 years and can lead to settlement in the UK, whereas Discretionary Leave is typically granted for a shorter period of time, usually up to 30 months, with the possibility of extension depending on the circumstances.
In summary, while both Humanitarian Protection and Discretionary Leave provide a form of protection to individuals in need, Humanitarian Protection is based on international protection needs, and Discretionary Leave is granted based on compelling or compassionate reasons at the discretion of the Home Office.
3. What documents are required to submit with Form FLR(HRO)?
When submitting Form FLR(HRO) for Further Leave to Remain under Humanitarian Protection or Discretionary Leave, there are specific documents that are required to support your application. These documents include:
1. Completed application form FLR(HRO).
2. A valid passport or travel document.
3. Biometric residence permit (BRP), if applicable.
4. Two recent passport-sized photographs.
5. Evidence of meeting the financial requirements, if applicable.
6. Evidence of meeting the English language requirement, if applicable.
7. Supporting documents to demonstrate your immigration status and any changes since your last leave was granted.
8. Any previous Home Office decision letters pertaining to your immigration status.
9. Any additional documents requested in the application form or checklist.
It is essential to ensure that all the required documents are submitted accurately and in a timely manner to prevent delays or complications in the processing of your FLR(HRO) application.
4. How can one demonstrate eligibility for further leave to remain under Humanitarian Protection or Discretionary Leave?
To demonstrate eligibility for further leave to remain under Humanitarian Protection or Discretionary Leave, the applicant must provide comprehensive evidence that supports their case. This evidence can include the following:
1. Proof of the need for protection: This could involve demonstrating that the applicant would face serious harm if they were to return to their home country, such as persecution, torture, or other forms of mistreatment.
2. Human rights violations or risks in the home country: Providing details of specific human rights violations that the applicant has experienced or is likely to face upon return, backed by credible sources and documentation.
3. Integration in the UK: The applicant should showcase their ties to the United Kingdom, such as family relationships, community involvement, and contributions to society. This helps demonstrate their integration and connection to the country.
4. Impact on dependent family members: If the applicant has dependents, they should provide evidence of how their return would negatively impact their family members, especially if they are vulnerable or at risk.
Additionally, it is essential to fill out the FLR(HRO) form accurately and provide all required documents to strengthen the application. Seeking guidance from legal professionals or immigration advisors can also be beneficial in ensuring the application meets the necessary criteria for further leave to remain under Humanitarian Protection or Discretionary Leave.
5. What are the key eligibility criteria for a successful FLR(HRO) application?
The key eligibility criteria for a successful FLR(HRO) application include:
1. Eligibility Status: The applicant must currently hold Humanitarian Protection or Discretionary Leave to Remain in the UK.
2. Duration of Stay: The applicant must apply before the expiry of their current leave in the UK.
3. Continuous Residence: The applicant must demonstrate that they have been continuously living in the UK throughout their existing leave period.
4. Financial Means: The applicant must provide evidence of being able to financially support themselves and any dependents without recourse to public funds.
5. Genuine and Subsisting Relationship: If applicable, the applicant must provide evidence of a genuine and subsisting relationship if applying as a dependant of a sponsor in the UK.
Meeting these eligibility criteria is crucial for a successful FLR(HRO) application and it is important to provide thorough documentation and evidence to support each of these requirements.
6. Is it possible to switch to FLR(HRO) from a different visa category?
Yes, it is possible to switch to FLR(HRO) from a different visa category under certain circumstances. To switch to FLR(HRO), you must meet the eligibility criteria for humanitarian protection or discretionary leave. This means that you must demonstrate that you are in need of international protection or that there are other compelling reasons for you to remain in the UK.
1. If you are currently in the UK on a different visa category, such as a Tier 2 work visa or a student visa, you can apply to switch to FLR(HRO) if your circumstances have changed and you now qualify for humanitarian protection or discretionary leave. You must submit a detailed application explaining why you are eligible for FLR(HRO and provide evidence to support your claim.
2. It is important to note that switching to FLR(HRO) from a different visa category may have specific requirements and implications, so it is recommended to seek advice from an immigration specialist or solicitor to ensure that you meet all the necessary criteria and submit a strong application.
7. How long does it take to process a FLR(HRO) application?
The processing time for a FLR(HRO) application can vary depending on a variety of factors. On average, it can take around 8 weeks to receive a decision on your application from the Home Office. However, there are circumstances where it may take longer, such as if additional documentation or information is required, or if there are backlogs in processing due to high volumes of applications. It is essential to ensure that you submit a complete and accurate application to avoid any delays in the processing time. You can check the most up-to-date processing times on the official UK government website or seek assistance from a legal expert to navigate the application process efficiently.
8. Can an applicant work in the UK while their FLR(HRO) application is being processed?
Yes, applicants can work in the UK while their FLR(HRO) application is being processed, as long as they submitted their application before their previous visa expired and they meet all the necessary requirements to work in the UK. To do so, they must have the right to work in the UK, their employer must have carried out the necessary right to work checks, and they must not be working in a profession that is ineligible for employment under the conditions of their visa. It is important for applicants to ensure that they are compliant with all the regulations and conditions of their visa to avoid any issues with their application or their ability to work in the UK.
9. What are the fees associated with the FLR(HRO) application?
The current fee for submitting an FLR(HRO) application is £1,033 per applicant if applying by post or in person. There is an additional fee of £19.20 if applicants are required to enroll their biometric information. It is important to note that these fees are subject to change, so it is advisable to check the official Home Office website for the most up-to-date information. Additionally, please also check if there are any fee waiver or reductions available for specific circumstances, such as being destitute or a victim of human trafficking, as eligibility criteria may apply.
10. What happens if the FLR(HRO) application is refused?
If the FLR(HRO) application is refused, the individual will usually receive a refusal letter from the Home Office outlining the reasons for the refusal. They may also be provided with information on their right to appeal the decision. In the case of a refusal, the individual should carefully review the reasons for the refusal and consider their options for challenging the decision.
1. Appeal: The individual may have the right to appeal the decision within a specific time frame set by the Home Office. They can challenge the decision by submitting an appeal to the First-tier Tribunal (Immigration and Asylum Chamber).
2. Administrative Review: In some cases, there may be an option for an administrative review of the decision, where a different immigration caseworker will review the refusal decision to check for any errors in the decision-making process.
3. Reapplying: Depending on the reasons for the refusal, the individual may be able to address the issues raised and reapply for FLR(HRO) or consider other visa options that may be available to them.
It is essential for the individual to seek legal advice from a qualified immigration solicitor or advisor to understand their options and choose the most appropriate course of action following a refusal of their FLR(HRO) application.
11. Can dependents be included in a FLR(HRO) application?
Yes, dependents can be included in a FLR(HRO) application. It is important to note the following points when including dependents:
1. Each dependent must be named and their relationship to the main applicant clearly stated in the application.
2. Dependent children under the age of 18 can be included. For children over 18, they can only be included if they were granted leave as your dependents in a previous application or if they have their own valid leave to remain in the UK.
3. Evidence of dependency may need to be provided, such as birth certificates, marriage certificates, or other relevant documentation.
4. Each dependent included in the application will also need to meet the eligibility requirements for FLR(HRO) in their own right.
Ensuring that all dependents are properly included and their documentation is in order will help make the FLR(HRO) application process smoother for the entire family.
12. What are the English language requirements for a FLR(HRO) application?
In order to meet the English language requirements for a FLR(HRO) application, applicants must demonstrate their knowledge of the English language at a minimum level of A2 in speaking and listening as set out by the Common European Framework of Reference for Languages (CEFR). This can be achieved by providing evidence of having passed an approved English language test from an accepted provider, such as IELTS or Trinity College London SELT. Alternatively, applicants can prove their English language proficiency if they are a national of a majority English-speaking country or hold a degree that was taught in English. It is essential to ensure that the English language test certificate is valid and meets the Home Office’s requirements at the time of application.
13. Can a person with FLR(HRO) eventually apply for settlement in the UK?
Yes, a person with FLR(HRO) can eventually apply for settlement in the UK. However, there are specific requirements and conditions that need to be met before applying for settlement:
1. Time spent in the UK: Generally, a person with FLR(HRO) can apply for settlement after completing a specified period of continuous lawful residence in the UK. This period is usually five years, but it can vary depending on individual circumstances.
2. Meeting the eligibility criteria: To qualify for settlement, the applicant must continue to meet the requirements set out for FLR(HRO) status, including not engaging in any activities that would make them ineligible for further leave to remain.
3. Knowledge of English and Life in the UK: Applicants for settlement are usually required to demonstrate their knowledge of the English language and of life in the UK by passing the relevant tests.
4. Financial requirements: There may be financial criteria that need to be met, including demonstrating the ability to support oneself and any dependents without recourse to public funds.
5. Good character requirement: Applicants must also demonstrate that they are of good character, which may involve providing police clearance certificates from relevant countries.
Upon meeting these requirements, a person with FLR(HRO) can apply for settlement in the UK, usually in the form of Indefinite Leave to Remain (ILR), which grants them the right to live and work in the UK without any time restrictions.
14. How does one prove continuous residence in the UK for FLR(HRO) purposes?
1. Proving continuous residence in the UK is crucial when applying for Further Leave to Remain (FLR) under Humanitarian Protection or Discretionary Leave. The evidence required typically includes documents such as utility bills, tenancy agreements, bank statements, and employment records that cover the entire period of your stay in the UK.
2. It is important to ensure that these documents clearly show your name, address, and dates to demonstrate that you have been continuously residing in the UK. Additionally, any correspondence from government agencies, healthcare providers, or educational institutions can also be used as supporting evidence of your continuous residence.
3. If there have been any gaps in your continuous residence, you may need to provide a reasonable explanation for these breaks, along with any relevant supporting documentation to strengthen your case. It is advisable to organize your evidence chronologically and provide a covering letter that outlines your residency history in a clear and coherent manner.
4. Seeking assistance from a legal expert or immigration advisor can also be beneficial, as they can help review your documents, identify any inconsistencies or gaps, and provide guidance on how to strengthen your case for proving continuous residence in the UK for FLR(HRO) purposes.
15. Are there any specific requirements for supporting documents, such as proof of financial means?
1. Yes, there are specific requirements for supporting documents when applying for Further Leave to Remain (FLR) under Humanitarian Protection or Discretionary Leave. These requirements are crucial to proving your eligibility for the visa and ensuring that your application is processed correctly. One important type of supporting document is proof of financial means.
2. When applying for FLR(HRO), you will need to provide evidence that you can support yourself financially during your stay in the UK. This includes bank statements showing a certain level of funds in your account, proof of employment or income if applicable, and any other relevant financial documentation. It is important to demonstrate that you have enough financial resources to cover your living expenses and potentially to support any dependents.
3. The specific financial requirements may vary depending on your circumstances, such as whether you are applying as the main applicant or as a dependent. It is essential to carefully review the guidance provided by the Home Office regarding the financial documents required for your FLR(HRO) application and ensure that you submit all the necessary paperwork to support your case. Failure to provide adequate proof of financial means could result in your application being refused.
16. What are the implications of a criminal record on a FLR(HRO) application?
Having a criminal record can have serious implications on a Form FLR(HRO) application for Further Leave to Remain under Humanitarian Protection or Discretionary Leave. Here are some key points to consider:
1. Disclosure: Applicants are required to disclose any criminal convictions, cautions, or charges as part of the application process. Failure to disclose this information can result in the application being refused and potentially lead to deportation.
2. Impact on eligibility: Certain criminal convictions may impact an individual’s eligibility for further leave to remain, particularly if the offense is considered serious or undermines the individual’s character.
3. Consideration of risk: The Home Office will assess the criminal record in the context of public interest and national security. Individuals with a criminal record may be deemed a potential risk to society, which can influence the decision on the FLR application.
4. Rehabilitation: In some cases, evidence of rehabilitation, such as completion of a rehabilitation program or a period of good conduct following the conviction, may help mitigate the negative impact of a criminal record on the FLR application.
Overall, it is essential for applicants with a criminal record to seek legal advice and understand how their past convictions may affect their FLR(HRO) application. Each case is unique, and a thorough assessment of the individual circumstances is crucial in determining the potential outcomes.
17. Is it possible to apply for FLR(HRO) outside the UK?
Yes, it is possible to apply for Form FLR(HRO) outside the UK in certain circumstances. These circumstances typically involve individuals who have been granted discretionary leave or humanitarian protection and need to make an application for further leave to remain in the UK from abroad.
1. The applicant must ensure they meet all the eligibility criteria for FLR(HRO) outlined by the Home Office.
2. The application process will vary depending on the specific circumstances of the individual, so it is crucial to follow the guidance provided by the Home Office for applying from outside the UK.
3. It is important to submit a well-documented application with all necessary supporting documents to support the request for further leave to remain under humanitarian protection or discretionary leave.
4. It is advisable to seek legal advice or assistance from a qualified immigration lawyer to ensure the application is completed accurately and in line with the Home Office requirements.
18. How can an applicant address gaps in their immigration history when applying for FLR(HRO)?
When addressing gaps in their immigration history when applying for FLR(HRO), applicants should approach the situation with transparency and honesty. Here are steps they can take:
1. Provide a detailed explanation: Applicants should clearly explain the reasons for any gaps in their immigration history. This could include issues such as expired visas, overstaying, or periods of being undocumented. Providing a thorough explanation will help demonstrate that the gaps were not intentional or deceptive.
2. Submit supporting documentation: If there are any documents that can help explain the gaps, such as medical records, letters from employers or educational institutions, or legal documents, these should be included in the application. This additional evidence can support the applicant’s explanation and help to validate their account.
3. Seek legal advice: If the applicant is unsure about how to address gaps in their immigration history, it may be beneficial to seek advice from a legal professional with expertise in immigration law. A legal advisor can provide guidance on how to best present the information and navigate any potential issues that may arise.
Overall, addressing gaps in immigration history requires honesty, transparency, and thorough documentation. By taking these steps, applicants can strengthen their application for FLR(HRO) and demonstrate that they meet the necessary requirements for further leave to remain on humanitarian protection or discretionary grounds.
19. Can an applicant request an expedited processing of their FLR(HRO) application?
Yes, an applicant can request an expedited processing of their FLR(HRO) application under certain circumstances. It is important to note that not all requests for expedited processing are automatically granted, and each case is considered on an individual basis. The Home Office may expedite the processing of an application if the applicant can provide evidence of exceptional circumstances that necessitate a faster decision, such as medical emergencies, impending travel plans, or other compelling reasons. It is recommended that the applicant clearly explain their reasons for requesting expedited processing and provide supporting documentation to strengthen their case. Additionally, it is advisable to contact the Home Office directly or seek guidance from a legal advisor to properly navigate the expedited processing request process.
20. What rights and entitlements does someone with FLR(HRO) have in the UK?
An individual with FLR(HRO) in the UK is entitled to various rights and benefits during their stay in the country, including:
1. Permission to live and work in the UK for a specified period, typically for 30 months.
2. Access to public funds, such as benefits and healthcare, in line with the conditions of their leave.
3. Protection against deportation or removal from the UK during the period covered by their FLR(HRO).
4. The opportunity to apply for settlement in the UK after completing the required residency period under the Humanitarian Protection or Discretionary Leave route.
5. The right to study in the UK, including access to educational institutions and facilities.
6. Eligibility to apply for a Biometric Residence Permit (BRP) to provide official documentation of their immigration status.
These rights and entitlements aim to provide beneficiaries of FLR(HRO) with stability and protection while they reside in the UK under humanitarian grounds or discretionary leave. It is important for individuals holding this immigration status to comply with the terms of their leave and keep abreast of any changes in immigration policies that may affect their status or entitlements.