It can prove to be a landmine to navigate through the process of FLR applications, but we here are My Legal Services can help you to do everything we can with our immigration team of legal experts and solicitors.
What is the difference between FLR(M) and FLR(FP) applications?
Both are used to apply for visas for family members of a settled person, such as for spouses or children of a British citizen.
FLR (M) stands for a Further Leave to Remain, in the ‘M’ category, ie based on the Marriage to a settled person or a British citizen under Appendix FM. It is used for spouses and partners of British citizens and settled persons but it has to be an application within the Rules. All the requirements must be met, including the Financial Requirement, status in the UK etc. The outcome is a visa for 2.5 years under the “5 year Partner route”, meaning it would take 5 years to qualify for Indefinite Leave (permanent residency) in the UK, upon completion of 5 years.
FLR (FP) stands for a Further Leave to Remain, in the ‘F and P’ categories, ie based on the Family Life under the Appendix FM or Private Life under the Part 7.
Family Life: can be used to apply for a visa as a parent of a British or a settled child when the applicant is not eligible to apply as a partner. For example, if the parents are divorced but the child either lives with the foreign spouse or a foreign spouse has the access rights granted by the court. This will be a so called “5 year Parent route”.
Also, it can be used by the spouses and partners who don’t meet the FLR(M) requirements for partners but can potentially qualify for an Exception under the Appendix FM. For example, if a foreign spouse does not have a legal status in the UK but the couple have a British child(ren) and – important – it would be unreasonable for the child(ren) to leave the UK. It won’t be based just on the fact of having a child. Or if the couple can’t meet the Financial Requirement but there are “insurmountable circumstances” preventing them from living outside the UK. Each case is considered on an individual basis.
For more information regarding the correct form and for a successful application, give us a call: 0203 7324736
There are many aspects of Family Life applications, but 3 most important ones, in our opinion, are the following:
Firstly, no matter how compassionate your situation is, you must meet the definition of a ‘Partner’. For instance, this category is of no use to partners who are not married and have not lived together.
Secondly, you will be asking the British authorities to make an exception from the law (this is what this application is about). If they deem your circumstances exceptional enough (in their opinion) they will approve your application. This is why it is decided on an individual basis as it’s impossible to provide some approved list of such circumstances. It is important to distinguish between “trying for a visa” and “getting a visa”, in other words, this is not a category to simply by pass the Rules, there has to be a good reason for it.
Finally, if approved, the outcome will be a visa for 2.5 years. Yes, it’s the same duration as a Spouse/Partner visa but visa duration will be the only similarity. This is the “10 year route”, meaning you’d need 10 years (not 5) to qualify for Indefinite Leave.
However, you can also switch to the 5 year route once you meet all the requirements of an FLR(M) application and we can do it on same-day service. For example, if the problem was not having a valid visa, now you would have a valid Family Life visa and could switch to FLR(M) on same-day service to be on the 5 year route.
Private Life is “a different”, despite the same form being used.
It is for those who spent 20 years in the UK illegally (or legally and illegally together) and allows to legalise their stay. There are also other rules to benefit under private life. The outcome is a visa for 2.5 years in the “10 year route” meaning it will take another 10 years to secure permanent residency (again, can switch to FLR(M) if eligible). This category replaced what used to be ILR based on 14 years of residency.
What is the Settlement Application process?
Your application process may vary based on your Immigration routes. For example, if you wish to apply for ILR, you first need to spend at least 5 years in the UK or 10 years in the UK under the respective route. You may also qualify for indefinite leave to remain under the 10 year long residence route, if you have lived in the UK continuously with valid visas for a period of 10 years.
If you are applying for UK settlement either under ILR or British naturalisation, you will also need to sit two different exams. These are the Life in the UK Test, to check your knowledge of British history and customs, and an English language exam to assess your proficiency.
How can My Legal Services lawyers help you with your application for FLR (M) or using application form FLR (FP)?
My Legal Services immigration lawyers can help you check your eligibility and individuate the correct requirements to make your application successful. Call us on 02037 324 736 to speak with one of our qualified Immigration Lawyers and get for immediate help or enquiry online with your situation
We employ only the highly trained immigration lawyers to help our clients with their Immigration issues, including point based system applications. All of our lawyers and solicitors are trained and qualified to help you with the application, appeal or decision making process in obtaining your visa in the UK. You can speak at any time with one of our specialists who will be happy to assist you and go over the process for you to obtain your leave to remain in the UK.
Hire one of our Immigration Solicitors in London to benefit from our Application package, which will allow us to complete your FLR (M) or FLR (FP) form on your behalf and ensure that your Leave To Remain in the UK application is successful.