Further Leave to Remain
Further Leave to Remain (FLR) is a general term used for additional immigration permission granted to a person who is already in the UK. The exact requirements depend on the immigration route and the reason the applicant needs to remain.
Further leave may be relevant where a person has not yet qualified for settlement, needs additional time in the UK or qualifies for another period of permission under the Immigration Rules.
What Is Further Leave to Remain?
Further Leave to Remain generally refers to an application for additional permission to stay in the UK.
It is not a single immigration route with one set of requirements.
The appropriate application depends on the applicant’s circumstances and the specific Immigration Rules under which they are applying.
Different FLR forms and routes have historically been associated with different circumstances, so applicants should identify the correct route rather than relying solely on the term “FLR”.
When Might Further Leave Be Required?
Further leave may be relevant where a person:
- Has not yet completed the qualifying period for settlement
- Needs to continue living in the UK under their existing route
- Does not yet meet settlement requirements
- Needs additional permission because of their personal circumstances
- Is applying under a family or private life route
- Is relying on a specific immigration provision that permits further leave
For example, the Long Residence rules can allow a person who does not yet qualify for settlement to apply for temporary permission in certain circumstances.
Long Residence and Further Leave
The Long Residence route provides an example of why further leave can be important.
A person may have accumulated a long period of lawful residence but may not yet satisfy every requirement for settlement.
In certain circumstances, the rules allow an applicant to seek permission to remain rather than immediately receiving ILR.
This can allow the person to maintain lawful status while working towards meeting the relevant requirements.
Family and Private Life
Further permission may also be relevant to people whose immigration position is based on family or private life.
The Immigration Rules contain different settlement pathways, including five-year and ten-year routes in certain family circumstances.
A person may therefore need to obtain further leave before they become eligible to settle.
The correct route depends on the person’s immigration history, family circumstances and the requirements applicable to their case.
Further Leave After a Refusal
In some situations, a person may be granted or seek further leave after they are unable to obtain settlement.
For example, certain protection or discretionary leave cases have provisions allowing further permission where settlement is not available.
The options available will depend on the reason for the previous grant of leave and the applicant’s current circumstances.
Applying Before Current Leave Expires
Where further leave is required, it is important to consider the expiry date of the person’s existing immigration permission.
An application should normally be made before existing leave expires where the relevant route requires an in-time application.
Making a valid application in time can, in appropriate circumstances, preserve lawful status while the application is being considered under section 3C of the Immigration Act 1971.
The precise position depends on the application and the applicable legal provisions.
Supporting Evidence
The evidence required depends on the route.
Applicants may need to provide:
- Passport
- Current immigration status
- Previous Home Office decisions
- Evidence of residence
- Employment documents
- Financial evidence
- Relationship evidence
- Medical or other supporting evidence where relevant
- Evidence concerning children or family members
- Evidence supporting the reason for further leave
The application should clearly explain why the applicant qualifies for the particular form of further leave.
Changes in Circumstances
A person’s circumstances may have changed since their last visa application.
This can include:
- Marriage or separation
- Having children
- Changing employment
- Changing immigration category
- Changes to financial circumstances
- Changes to accommodation
- Health or personal circumstances
- Previous immigration difficulties
These changes can affect which immigration route is available.
Further Leave and Settlement
Further leave can sometimes be an important step towards settlement.
For example, an applicant may need another period of lawful residence before reaching the qualifying period for ILR.
However, not every period of further leave automatically counts towards every settlement route.
Applicants should establish whether the proposed immigration permission will contribute towards their intended settlement pathway.
If Your Application Is Refused
A refusal should be reviewed promptly.
The decision may identify a failure to meet a particular requirement, a problem with the evidence or another immigration issue.
Depending on the circumstances, the applicant may have options such as administrative review, appeal or a fresh application, although these options are not available in every case.
How We Can Help
SWM Solicitors can advise on applications for further leave to remain and help determine which immigration route is appropriate.
We can review your current immigration status, previous applications, residence history and personal circumstances before advising on the next step.
We can also advise where further leave is being considered as part of a longer-term pathway towards settlement.