Further leave to remain is your chance to extend your family's visas so that they don't expire and you can continue to build your life in the UK. Known as FLR (M), it could allow your family to remain for a further 30 months. Read this article to learn more about further leave to remain and how you can make sure that your applications are successful.
Types of Further Leave to Remain?
There are three types of further leave to remain that you need to be aware of to make sure you and your family apply for the correct type. FLR (IR) allows certain visas to be extended. FLR (FP) applies to visas for those in the UK on human rights grounds. However, the type relevant to this article is FLR (M), which is for family members of British or Irish nationals or those with settled status in the UK. Usually, FLR (M) applies to those on a family visa, such as the Spouse visa.
FLR (M) Requirements
Before your family members can apply for further leave to remain, they will need to make sure they fit the basic requirements. Firstly, they must make sure they have one of the following two types of relations with you:
- Spouse, civil partner or unmarried partner for two or more years.
- Child (legally adopted or biological).
There are shared requirements for both of these types of relationships detailed below. Primarily, this relates to your legal status in the UK. Your partner or child can apply for FLR (M) if one of the following applies:
- You are a British or Irish citizen.
- You have indefinite leave to remain.
- You have settlement or pre-settlement via the EU Settlement Scheme or proof of permanent residence.
- You possess a Turkish Businessperson visa or Turkish Worker visa.
- You have humanitarian or refugee status.
On top of these requirements, the visa applicant must also still comply with the requirements for the original visa they applied for. For child applicants, this will often require them to still be unmarried and under the age of 18.
If your child is applying for FLR (M), you will also need to show that you have made arrangements for them to be properly cared for in the UK.
Financial Requirements
For both your partner and children, you must show that you are financially capable of supporting them for their FLR (M) application to be successful.
At the time of writing in September 2024, this requirement was for a combined income of at least £29,000. You may be eligible for a reduced amount if you made your initial visa application before 11 April 2024, or if your partner currently receives carer or disability benefits.
A different financial requirement applies if you want FLR (M) for your child. An additional requirement of £3,800 annual salary applies for the first child. Every additional child after that will need a further £2,400 of salary.
How to Apply for Further Leave to Remain
Applications for FLR (M) are made online through the UK government website, where you can find the application form and the required documentation for your spouse or child. To proceed with the application, they will need to be currently in the UK on a valid Spouse or Family visa. Having made the online application, your spouse or child will need to attend an appointment with UK Visas and Immigration (UKVI).
When you make the application, you will need to pay the standard fee of £1,048. Your spouse or child will also need to have paid the immigration health surcharge, which is currently £1,560 per person per year. You can also pay a further £800 to make use of the super-priority processing service, which substantially speeds up the processing time. This will be the next working day after the UKVI appointment or two working days if the appointment is on a weekend or bank holiday.
If you don't pay the super-priority processing charge, your spouse or child will need to wait for the standard processing time of 2 to 3 months. This can be longer if UKVI has a backlog or there are issues with your application.
Required Documents
For the maximum chance of your application being successful, you should make sure your child or spouse can properly provide the standard documentation. This will usually include the following, although some circumstances will require further specific documentation.
- Valid passport or travel documentation.
- Photo page copies and visa or entry stamps for previous passports that have been used by your spouse and child under their visa in the UK.
- Your spouse or child's biometric residence permit if they have one.
- Evidence of your relationship to the applicant, such as a birth or marriage certificate.
- The applicant's criminal record.
- Your national insurance number.
- Evidence that the applicant has achieved the minimum language requirements.
- Your recent bank statements.
Please note that only documents in Welsh or English are permissible. If you or the applicant has documents in a different language, you must provide a certified translation.
The Power of Further Leave to Remain (FLR) M
FLR (M) is one of the most powerful tools available to families wishing to start a new life in the UK. It is a great step towards indefinite leave to remain and even citizenship. Even if these aren't your family's goals, FLR (M) is still a great way for your family members to remain legally in the country.
As you can see, the stakes of making a successful application are high. For the maximum possible chance of success, it is always a good idea to get help from an immigration lawyer or adviser. They can guide you through the application process and lend invaluable advice on the next steps if your application is rejected. Should it be necessary, they can also represent you in court if you think your application has been wrongfully rejected.