1. What is Form FLR(LR) and who can apply for it?
Form FLR(LR) is an application for Further Leave to Remain in the UK on the basis of private life. This form is for individuals who are already in the UK and wish to extend their stay based on their private life circumstances, such as family or personal ties established in the UK. Eligibility for FLR(LR) includes those who have lived continuously in the UK for a certain period and can demonstrate strong reasons why they should be allowed to remain based on compassionate or compelling circumstances. It is important to provide evidence to support your application, such as details of your family ties, social integration, or any other relevant information that shows your connection to the UK and reasons why you should be granted further leave to remain based on private life grounds.
2. What documents are required to support an FLR(LR) application based on private life?
When applying for Further Leave to Remain (FLR) in the UK on the basis of private life, you will need to provide several essential documents to support your application. These documents include:
1. Completed FLR(LR) application form.
2. Valid passport or travel document.
3. Biometric residence permit (if applicable).
4. Evidence of continuous residence in the UK, such as utility bills, tenancy agreements, or bank statements.
5. Proof of financial support, such as bank statements, pay slips, or a letter from an employer.
6. Any additional supporting evidence to demonstrate your private life in the UK, such as letters from friends, family, or employers, photographs, or any other relevant documents.
It is crucial to ensure that you provide thorough and accurate documentation to support your FLR(LR) application based on private life to increase the chances of a successful outcome. If you have any doubts about the required documents or need assistance with your application, it is recommended to seek advice from a legal professional or immigration expert.
3. How long does it take to process an FLR(LR) application?
The processing time for an FLR(LR) application can vary depending on various factors such as the complexity of the case, the volume of applications being processed at the time, and whether all necessary documents and information have been provided. As a general guideline, the Home Office aims to process FLR(LR) applications within 8 weeks of the biometric enrolment appointment, which is required as part of the application process. However, it is important to note that this is just an estimate and processing times can sometimes be longer. It is recommended to check the current processing times on the official UK government website or consult with a legal professional for the most up-to-date information.
4. Can I work in the UK while my FLR(LR) application is being processed?
Yes, you can work in the UK while your FLR(LR) application is being processed if you had the right to work in the UK before applying for FLR(LR) and you still have that right. This is known as Section 3C leave, which allows you to continue working under the same conditions as your previous permission until a decision is made on your FLR(LR) application. However, you must ensure that your immigration status allows you to work and that you comply with any conditions set out in your previous permission. It is important to check the specific details of your immigration status and seek advice if you are unsure about your right to work during this period.
5. What are the eligibility requirements for FLR(LR) based on private life?
To be eligible for FLR(LR) based on private life in the UK, an applicant must meet several key eligibility requirements:
1. Length of stay: The applicant must have continuously lived in the UK for at least 20 years if they have no children who are British citizens or have lived in the UK for at least 7 years if they do have such children.
2. Financial requirement: Applicants must demonstrate that they can adequately maintain and accommodate themselves and any dependents without recourse to public funds.
3. English language proficiency: Applicants may need to prove their proficiency in the English language, depending on their circumstances and the requirements set forth by the Home Office.
4. Good character: Applicants must show that they are of good character, which may involve disclosing any criminal convictions or other relevant information.
5. Availability of compassionate circumstances: The applicant needs to demonstrate that there are compassionate reasons for them to remain in the UK based on their private life circumstances.
Meeting these eligibility requirements is crucial for a successful FLR(LR) application based on private life in the UK. It is essential to carefully review the specific criteria outlined by the Home Office and provide thorough documentation to support the application.
6. Can I apply for FLR(LR) if my previous leave has expired?
Yes, you can apply for Further Leave to Remain (FLR) in the UK on the basis of private life (FLR(LR)) even if your previous leave has expired as long as you meet the eligibility criteria outlined by the Home Office. When applying for FLR(LR) after your previous leave has expired, it is important to demonstrate that you have established a private life in the UK and that there are compelling reasons why you should be allowed to remain in the country. You will need to provide evidence to support your application, such as proof of your residence in the UK, your ties to the community, and any other relevant information that shows your integration into British society. It is advisable to seek guidance from an immigration expert to ensure that your application is strong and meets all the necessary requirements.
7. Do I need to attend an interview as part of the FLR(LR) application process?
Yes, in some cases, applicants for Further Leave to Remain (FLR) on the basis of private life may be required to attend an interview as part of the application process. The decision to call an applicant for an interview is at the discretion of the Home Office and will often depend on the individual circumstances of the case. If an interview is deemed necessary, the applicant will typically receive a written invitation providing details of the time, date, and location of the interview. During the interview, the applicant may be asked questions about their personal circumstances, reasons for applying for FLR on the basis of private life, and any supporting documents submitted with the application. It is important for the applicant to attend the interview as scheduled and to answer all questions truthfully and accurately.
1. The interview is usually conducted in person, but in certain circumstances, it may be conducted via video call.
2. Some applicants may be accompanied by a legal representative during the interview, especially if they require additional support or assistance in understanding the process.
3. Failure to attend the interview without a valid reason or providing false information during the interview can negatively impact the outcome of the FLR application.
4. It is advisable for applicants to prepare for the interview by reviewing their application, supporting documents, and being ready to discuss their reasons for seeking Further Leave to Remain in the UK on the basis of private life.
5. The interview is an opportunity for the Home Office to assess the credibility and genuineness of the applicant’s claim for FLR based on private life, as well as to clarify any information provided in the application.
6. Following the interview, the Home Office will consider all the information gathered, including the interview responses, before making a decision on the FLR application.
7. If an applicant has any concerns or questions about the interview process, they should seek guidance from a legal professional or immigration advisor to ensure they are well-prepared.
8. Can I include dependents in my FLR(LR) application?
Yes, you can include dependents in your FLR(LR) application. When applying for Further Leave to Remain in the UK on the basis of private life, you have the option to include your dependents, such as your spouse, civil partner, unmarried partner, or children under the age of 18, in your application. It is important to provide all the necessary documentation and information for each dependent you wish to include, such as proof of relationship and financial support. Additionally, each dependent included in the application must meet the eligibility requirements for FLR(LR) in order for the application to be considered complete.
9. What is the fee for applying for FLR(LR) on the basis of private life?
The fee for applying for FLR(LR) on the basis of private life is £1,033 as of August 2021. This fee is subject to change and applicants should always check the latest information on the official Home Office website. It is important to ensure that the correct fee is paid when submitting the application to avoid delays or rejection. Applicants may also need to pay an additional healthcare surcharge depending on their circumstances. It is advisable to carefully review the current fee structure and requirements before proceeding with the FLR(LR) application.
10. What is considered ‘private life’ for the purposes of an FLR(LR) application?
Private life, for the purposes of an FLR(LR) application in the UK, encompasses an individual’s personal circumstances which are protected under Article 8 of the European Convention on Human Rights. This includes factors such as family relationships, emotional ties, cultural identity, and length of residence in the UK. Additionally, private life can involve considerations related to an individual’s medical or psychological conditions, their social integration within the UK, and any obstacles they may face if required to leave the country. To meet the requirements for an FLR(LR) application based on private life, an applicant must demonstrate that they have a genuine and subsisting private life in the UK, which would be significantly impacted if they were to be removed from the country.
1. Family relationships play a crucial role in establishing private life in an FLR(LR) application.
2. Social integration, community ties, and cultural connections also contribute to the notion of private life.
3. Length of residence in the UK can strengthen the claim of having a well-established private life.
11. Can I switch to FLR(LR) from another immigration category?
Yes, you can switch to a Further Leave to Remain (FLR) under the Private Life route (FLR(LR)) from another immigration category if you meet the eligibility requirements for the FLR(LR) application. To switch to FLR(LR) from another category, you must be able to demonstrate that you have established a private life in the UK and that there are compelling reasons why you should be allowed to remain in the country. It is essential to provide strong evidence to support your application, such as details of your integration into UK society, family ties, and any exceptional circumstances that would make it difficult for you to leave the UK. Additionally, you must meet the English language requirement and be able to support yourself financially without recourse to public funds. It is recommended to seek guidance from an immigration expert to ensure that your application is completed correctly and to improve your chances of a successful outcome.
12. What happens if my FLR(LR) application is refused?
If your FLR(LR) application is refused, you will receive a refusal letter from the Home Office outlining the reasons for the refusal. It is essential to carefully review this letter to understand the grounds on which your application was denied.
1. You may have the right to appeal the decision depending on the circumstances of your case. If you believe that the refusal is unjust or if you have new evidence to support your application, you can submit an appeal to the First-tier Tribunal.
2. In case you do not have a right of appeal, you may be able to request an administrative review of the decision. This involves asking the Home Office to review their decision based on the information provided in your application.
3. It is crucial to seek legal advice from an immigration specialist if your FLR(LR) application is refused. They can help you understand your options, provide guidance on the best course of action, and represent you in any appeals or administrative reviews.
Remember that each case is unique, and the appropriate steps to take will depend on the specific details of your situation.
13. Can I appeal a decision on my FLR(LR) application?
Yes, you can appeal a decision on your FLR(LR) application if it is refused by the Home Office. When appealing, you will need to submit an appeal form within the specified timeframe, usually within 14 days of receiving the decision. The appeal process typically involves attending a hearing where you can present your case in front of an independent judge. It is crucial to provide all relevant supporting documents and evidence to strengthen your case during the appeal process. Seeking legal advice and assistance from an immigration lawyer experienced in appeals can greatly increase your chances of success.
14. How can I demonstrate my ties to the UK in an FLR(LR) application based on private life?
In an FLR(LR) application based on private life, demonstrating your ties to the UK is crucial to strengthen your case for further leave to remain. To effectively showcase your ties to the UK, you can consider the following strategies:
1. Employment: Provide evidence of stable employment in the UK, such as employment contracts, payslips, and letters from employers confirming your status and contributions to the workplace.
2. Accommodation: Submit tenancy agreements, utility bills, or council tax statements to demonstrate your residential ties to the UK.
3. Family relationships: If you have family members in the UK, provide documents like birth certificates, marriage certificates, or other proof of relationships to show your family ties in the country.
4. Community involvement: Highlight your participation in community activities, volunteer work, or memberships in clubs or organizations to demonstrate your active engagement and integration within the UK community.
5. Financial ties: Include bank statements, savings accounts, or investments in the UK to exhibit your financial ties to the country.
6. Educational ties: If you are enrolled in educational programs or have children attending schools in the UK, provide relevant documentation to support your educational ties.
7. Medical ties: If you have ongoing medical treatment or conditions that require healthcare services in the UK, submit medical records or letters from healthcare providers to demonstrate your medical ties.
8. Social ties: Provide evidence of social connections, friendships, or support networks in the UK to showcase your social integration and ties to the community.
By presenting a comprehensive set of documents and information supporting these ties, you can effectively demonstrate your strong connections to the UK in your FLR(LR) application based on private life.
15. Can I travel outside of the UK while my FLR(LR) application is pending?
Yes, you can travel outside of the UK while your FLR(LR) application is pending. However, there are important factors to consider:
1. You must ensure that you have a valid visa allowing you to re-enter the UK, such as a multiple-entry visa.
2. It is recommended to seek advice from legal experts or immigration advisors before making any travel plans to avoid any issues with your application.
3. Keep in mind that leaving the UK during the application process may lead to delays or complications in processing your application.
4. You should be available for any required biometrics appointments or interviews during the application process, so plan your travel accordingly.
5. Notify the Home Office if you plan to travel outside of the UK while your application is pending to avoid any misunderstandings or complications.
16. Is there a minimum income requirement for an FLR(LR) application based on private life?
Yes, there is no specific minimum income requirement for an FLR(LR) application based on private life. The private life route considers various factors beyond just income, such as the length of stay in the UK, establishment of private and family life, and other compelling circumstances. However, it is crucial to demonstrate that you can support yourself and any dependents financially during your stay in the UK. The Home Office will assess your ability to maintain and accommodate yourself without recourse to public funds. It is advisable to provide evidence of stable income, savings, or any other financial resources to show that you can meet your needs without relying on state support. Additionally, demonstrating your contribution to the community or your integration into British society can also strengthen your application under the private life category.
17. Can I apply for settlement (indefinite leave to remain) through the FLR(LR) route?
Yes, individuals can apply for settlement (indefinite leave to remain) through the FLR(LR) route under specific circumstances. To be eligible for settlement through this route, an applicant must have continuously lived in the UK for a period of at least 10 years. This means that individuals who have been lawfully resident in the UK for a decade under FLR status, as well as any previous visa categories that allow for residency, may qualify for settlement. It is important to note that meeting the residency requirement alone is not sufficient, as applicants must also meet the suitability and eligibility criteria set by the Home Office to be granted indefinite leave to remain. It is highly recommended to seek professional advice and assistance when applying for settlement through the FLR(LR) route to ensure that all requirements are met accurately and to increase the chances of a successful application.
18. What is the validity period of an FLR(LR) granted on the basis of private life?
1. The validity period of an FLR(LR) granted on the basis of private life in the UK is usually granted for a period of 2.5 years. This means that individuals who are successful in applying for Further Leave to Remain on the grounds of private life will typically be granted permission to stay in the UK for 2.5 years from the date of their application being approved.
2. It’s important to note that the validity period of an FLR(LR) can vary depending on individual circumstances and the discretion of the Home Office. In some cases, the leave granted may be for a shorter or longer period, depending on the specific circumstances of the applicant’s case.
3. To ensure that you understand the exact validity period of your FLR(LR) visa and any conditions attached to it, it is advisable to carefully review the decision letter provided by the Home Office upon approval of your application. This letter will outline the duration of your leave to remain in the UK and any other relevant details you need to be aware of during your stay.
19. Can I apply for British citizenship after being granted FLR(LR) based on private life?
Yes, it is possible to apply for British citizenship after being granted FLR(LR) based on private life in the UK, but there are certain requirements that must be met before doing so:
1. Residence requirement: In most cases, you will need to have been living in the UK for a certain number of years with valid leave to remain before you can apply for British citizenship.
2. Good character: You must be able to demonstrate that you are of good character, which involves not having a criminal record and being compliant with UK immigration laws during your stay in the country.
3. Language proficiency: As part of the citizenship application process, you may need to demonstrate your knowledge of the English language and of life in the UK by passing the Life in the UK test.
4. Financial stability: You will also need to show that you are financially stable and are able to support yourself without relying on public funds.
Once you have met all the requirements and have held FLR(LR) for the necessary period, you can consider applying for British citizenship through naturalization. It is advisable to seek further guidance from an immigration specialist to ensure that you meet all the eligibility criteria and to assist you throughout the application process.
20. Are there any specific English language requirements for an FLR(LR) application on the basis of private life?
Yes, there are specific English language requirements for an FLR(LR) application on the basis of private life in the UK. In order to meet these requirements, applicants must demonstrate their proficiency in the English language by providing evidence of passing an approved English language test at the required level. The test must be at level A2 of the Common European Framework of Reference for Languages (CEFR) or higher. Additionally, applicants who are nationals of majority English-speaking countries are exempt from the English language requirement. It is crucial to carefully review the specific requirements and guidelines provided by the UK Visas and Immigration (UKVI) to ensure compliance with the English language requirements for an FLR(LR) application based on private life.