If you want to live with a family member in the UK for more than six months, or if you want to extend your stay in the UK for family or private reasons, you have to make an application the Home Office for permission for further leave to remain.
If you’re applying to stay in the UK as a partner or parent of a British citizen or settled person, a dependent of someone seeking for limited leave to stay in the UK, or based on your private life in the UK, you’ll use form FLR(FP) to make your application.
‘FLR’ stands for ‘Further Leave to Remain’. Because family situations can be more complex than standard visa routes permit, the UK Immigration Rules provide specific immigration routes for family members to remain in the country with their loved ones. Under FLR (FP) , the ‘F’ and ‘P’ relate to these ‘family’ and ‘private life’ provisions under UK immigration law.
As well as submitting form FLR(FP), you will also have to collate and submit extensive supporting documentation. It is important to ensure that you follow the correct steps when making an application using FLR (FP) as your ability to remain in the United Kingdom with loved ones will depend on this application being approved.
In this guide, we explain the requirements to apply for further leave to remain using FLR(FP) and the process to follow to make your application.
What is Appendix FM?
Appendix FM is the part of the UK Immigration Rules that relates to entry clearance and leave to remain in the United Kingdom based on Family Life. It sets out guidance for Home Office caseworkers on how to decide immigration applications that require assessment.
Appendix FM applies to individuals who are the family members of British citizens, settled people in the UK, and individuals with refugee status or humanitarian protection status in the UK. Eligible family members include spouses, civil partners, unmarried partners, fiancé(es) or proposed civil partners. It can also include parents, children, and other family members in limited circumstances.
What is FLR(FP)?
The UK Home Offices outlines two separate routes to settlement based on family life as a spouse/partner or parent under Appendix FM.
The 5 year path to indefinite leave to remain (ILR) is awarded under an application for further leave to remain in the M category. This is a 2.5-year visa for a spouse, partner, or dependant if the applicant meets all of the requirements, such as income and language.
Applicants for further leave to remain based on private or family life using FLR FP, on the other hand, typically take ten years to qualify for settlement as they are based on family or private life, and not on income and savings. Applicants under this route are also granted leave to remain for a duration of 2.5 years, but applicants must submit four applications in total, whereas FLR M candidates only need to submit two.
The 10-year route to settlement applies for the following categories of Leave to Remain in the United Kingdom:
- Family life in the United Kingdom as a spouse/partner
- Family life in the United Kingdom as a parent (5-year route also available)
- Dependant children of individuals who have been granted or are applying for Leave to Remain in the United Kingdom
- Private life in the United Kingdom
- Leave to Remain in the United Kingdom outside the Immigration Rules based on Family Life or Private Life
You should not apply to the 10-year route to settlement if your situation falls under the following:
- You are seeking to apply for Discretionary Leave to Remain
- You have already been granted Discretionary Leave to Remain and want to apply for further Discretionary Leave to Remain
- You are seeking to apply for asylum or international protection
- You are seeking to make additional submissions for asylum or international protection grounds after the refusal or withdrawal of previous asylum or human rights law claims
You must apply for FLR(FP) from within the UK.
FLR(FP) can be used by individuals who have previously been granted Leave to Remain in the United Kingdom via a Family Visa but can no longer meet the financial requirement to apply for FLR(M).
What is the financial requirement?
The financial requirement for UK Family Visas specifies that you and your British spouse or partner must earn a minimum combined amount of at least £18,600 per year. You will need to have earned over £18,600 per year for at least 6 months. If you have worked for your employer for less than 6 months and are currently making an annual salary of at least £18,600 and have earned a total of over £18,600 within the past 12 months, you can apply by including relevant information dating back 12 months from the date of application. You can include income from multiple jobs to meet the financial requirement.
This amount increases if you have children who are not British or Irish citizens, settled in the UK, or permanent residents of the UK. You will need to earn at least £18,600 per year, plus:
- First child – £3,800
- Each child after first child – £2,400
You must meet the financial requirement to be granted initial Leave to Remain when applied for from outside the UK. Individuals who have already been granted initial Leave to Remain in the UK who no longer meet the financial requirement may be able to apply for Leave to Remain via FLR(FP) on the 10-year route to settlement.
What is the difference between FLR(M) and FLR(FP)?
Normally, a non-British family member will initially apply for a Family Visa from outside the UK and be granted Leave to Remain for 2.5 years. They will then apply for and be granted Further Leave to Remain on the 5-year route to settlement in the United Kingdom via form FLR(M) of Appendix FM. This means that you can apply for Indefinite Leave to Remain after 5 years in the United Kingdom on a Family Visa.
Some individuals will choose to apply for or be automatically granted the 10-year route to settlement via form FLR(FP) of Appendix FM due to personal and familial circumstances. This means that you can apply for Indefinite Leave to Remain after 10 years in the United Kingdom on a Family Visa.
Who should use form FLR(FP)?
You may use form FLR(FP) if you do not meet all criteria points for fall under any of the following categories of individuals:
- Spouses/partners, parents, and children who are not eligible for FLR(M) but meet all of the Family Life suitability criteria as outlined by the Home Office. You must also be eligible for all, some, or none of the additional eligibility requirements in line with your specific circumstances.
- Individuals who meet all Private Life suitability criteria as outlined by the Home Office.
- Individuals who demonstrate exceptional circumstances in which the refusal of a Leave to Remain application would cause unjustifiably difficult consequences for the individual and/or their family member(s).
What are the requirements for the FLR(FP) application as a spouse/partner?
To be eligible for the 10-year route to settlement via Further Leave to Remain as a spouse/partner, your situation will need to fall under one of the following categories:
- You meet all eligibility requirements for Leave to Remain via FLR(M) and can depend on credible and reliable alternative sources of funds to meet the financial requirement due to exceptional circumstances. These sources can include prospective earnings and/or third-party financial support.
- You meet some eligibility requirements for Leave to Remain via FLR(M) and are eligible to qualify for exemptions for other eligibility requirements due to your parental responsibilities of a child in the UK.
- You meet none or some of the eligibility requirements for Leave to Remain via FLR(M) but there are exceptional circumstances that would cause unjustifiably difficult consequences for you and/or your family member(s).
What are the requirements for the FLR(FP) application as a parent?
Both a 5-year and 10-year route to settlement via Further Leave to Remain in the UK as a parent can be available to applicants. For example, these options would be possible in the case of a marriage that has deteriorated and resulted in divorce. A non-UK citizen partner could lodge an application for FLR(FP) as a parent of a child in the UK with shared or sole legal responsibility.
To be eligible for the 5-year or 10-year route to settlement via Further Leave to Remain as a parent, your child must meet the following criteria:
- They are under the age of 18 at the point of application or turned 18 since you were initially granted entry clearance or Leave to Remain as a parent
- They must not be living independently
- They are a British citizen, settled in the UK, or have lived in the UK continuously for at least 7 years before the point of application
To be eligible for the 5-year route, you will be required to demonstrate that you can support yourself via the financial requirement without accessing public funds or benefits. You will also be required to provide ample evidence of your ongoing relationship and caretaking responsibilities of your child. If you do not meet these criteria, you may be eligible for the 10-year route to settlement.
To be eligible for the 10-year route, your situation will need to fall under one of the following categories:
- You meet all eligibility requirements for Leave to Remain and can depend on credible and reliable alternative sources of funds to meet the financial requirement due to exceptional circumstances. These sources can include prospective earnings and/or third-party financial support.
- You meet some eligibility requirements for Leave to Remain and are eligible to qualify for exemptions for other eligibility requirements due to your parental responsibilities of a child in the UK.
- You meet none or some of the eligibility requirements for Leave to Remain but there are exceptional circumstances that would cause unjustifiably difficult consequences for you and/or your family member(s).
What are the requirements for the FLR(FP) application as a child?
To be eligible for the 10-year route to settlement via Further Leave to Remain as a child, you must meet the following criteria:
- You are applying in connection to your parent who is in the UK.
- You are under the age of 18 and do not live independently OR you are over the age of 18, received Leave to Remain permission whilst under the age of 18, and do not live independently.
- You are financially supported without access to public funds or benefits
Additionally, you must fall under one of the following categories:
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- Your parent has been granted or is applying for Leave to Remain as a spouse/partner of a person with British citizenship or settled status in the UK
- Your parent has been granted Pre-Settled Status under the EU Settlement Scheme
- Your parent has been granted Leave to Remain as a Turkish business person in the UK
- Your parent has been granted Leave to Remain via their Family Life or Private Life in the UK
- You have compelling and significant reasons to remain in the United Kingdom and have arrangements for caretaking in the country
How do I apply for FLR(FP)?
You must apply for FLR(FP) online from within the United Kingdom. At the end of the application, you will be required to pay the cost of the Immigration Health Surcharge (IHS) and the application fee of £1,033 per person. If you have been granted a fee waiver, you will need to input the relevant information. After paying the IHS fee, you will receive an IHS number to input into the online application before finalising your details and submitting the form.
After submitting your online visa application, you will be required to arrange a biometrics appointment at a UK Visa and Citizenship Application Services (UKVCAS) service centre at a location of your choice throughout the country. Some applicants may be able to use a mobile phone application rather than attending this in-person appointment; you will be contacted directly if this applies to your circumstances. You will be required to pay £19.20 to register your biometrics at a UKVCAS service centre at the point of booking an appointment online. Additionally, you will need to make arrangements for your supporting documentation before this appointment through one of two options. You can choose to upload all supporting documentation to the UKVCAS website before your appointment. Alternatively, you can choose to pay an additional to bring all supporting documentation in hard-copy to your biometrics appointment. You will need to book this service in advance when you book your appointment online. If you opt for this service, a UKVCAS employee will scan and upload each supporting document.
At your biometrics appointment, you will need to bring your passport, appointment confirmation email, and any required supporting documentation if you have paid for scanning services at the UKVCAS service centre. Your fingerprints and signature will be recorded by a UKVCAS employee and your photograph will be taken. Your supporting documentation will be confirmed before submission to UK Visas and Immigration.
You will generally receive a decision on your visa application within 12 weeks, though this service standard may not be met by the Home Office due to the complex nature of FLR(FP) applications. You may have been able to pay to receive expedited visa processing at the online application stage. If your visa application is approved, you will receive an official Home Office decision email or decision letter. Your new Biometric Residence Permit (BRP) will then be sent to your UK mailing address.
How long does the FLR(FP) application take to be processed?
In general, it can take upwards of 12 weeks for the Home Office to process FLR(FP) applications. However, the Home Office notes that service standards for FLR(FP) applications can be suspended at any time due to the complicated nature of these cases. This is related to their frequent reliance on human rights claims under European and international human rights law. This has been exacerbated by the COVID-19 pandemic.
How much is the FLR(FP) fee?
The fee for the FLR(FP) application is £1,033 per person. You are additionally required to pay the IHS fee of £624 per year of the application length per person. For an FLR(FP) application requesting leave to remain of 2.5 years, the IHS fees total £1,560. For applications lodged in the UK, you are also required to pay £19.20 to enrol your biometrics at a UK Visa and Citizenship Application Services centre. In total, the FLR(FP) application fee, IHS fees, and biometrics enrolment fee for a 2.5-year visa will cost £2,612.20 per person.
You may be able to request a fee waiver from the UK Home Office if you meet one or more of the following criteria:
- You do not have a place to live currently and cannot afford a place to live
- You have a place to live currently but cannot afford basic living costs such as food and heating for your place to live
- You have a very low income currently and paying the FLR(FP) application fee would put your child at risk of harm to their wellbeing
If you believe you meet the criteria to apply for a fee waiver, you should submit this application online before applying for leave to remain in the UK. You will need to provide supporting documentation demonstrating that you are eligible for a fee waiver, such as council letters and/or bank statements.
Please note that if you do not pay the required fee or receive a fee waiver, your application will be invalidated and/or refused.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.
