Table of Contents
What is FLR?
Further leave to remain (FLR) is a further grant of temporary permission to stay in the UK for a person who is already in the UK. It is commonly used when extending an existing visa or permission to stay and is therefore often referred to as a visa extension.
Further leave to remain is not a type of visa. It is the Home Office’s term for granting someone who is already in the UK another period of temporary permission to stay. Depending on the immigration route, applicants apply using either a route-specific online application or, for certain categories, one of the Home Office’s FLR application forms. For example, FLR(M) is used for an eligible in-country application to extend permission to stay as a partner, while FLR(FP) is used to extend a stay on the basis of family or private life, but only in certain circumstances.
Types of further leave to remain applications
There are several application forms used for further leave to remain applications, including:
- FLR(M): for partner or dependent child
- FLR(FP): for family or private life
- FLR(HRO): for Human Rights and other routes
- FLR(IR): for Immigration Rules (other categories)
- FLR(DL): for Discretionary Leave (asylum-related)
It is important to use the correct form for your needs; otherwise, you risk a refusal of your application. The following sets out who each form is intended for.
What is FLR(M) and who should use it?
The FLR(M) form is used by those who wish to extend their permission to stay in the UK as the partner or dependent child of a British citizen, a person with settled status (including ILR), or a person with refugee status or humanitarian protection.
Typical applications covered by the FLR(M) form include:
- Extending a stay in the UK on the Partner route as a spouse, civil partner or unmarried partner, and
- Extending a stay in the UK for an eligible dependent child of a person on the Partner route.
People applying for an extension using FLR(M) as a partner need to meet the requirements for a Spouse Visa extension. A dependent child’s eligibility to extend their stay under FLR(M) depends on their own immigration history and current circumstances, not solely on their parent’s status. For example, a parent simply having ILR, pre-settled status or another form of immigration permission does not, by itself, mean that FLR(M) is the correct application for the child.
What is FLR(FP) and who should use it?
FLR(FP) is used by people extending their stay on the basis of family life or private life in the UK, in certain defined circumstances.
- Partner: a partner may use FLR(FP) to apply on the 10-year family route where the standard 5-year route requirements are not met, but the applicant qualifies under the relevant family life provisions. For example, because there would be insurmountable obstacles to family life continuing outside the UK, or because refusal would otherwise cause unjustifiably harsh consequences
- Parent: a parent of a British citizen or settled child may use FLR(FP) where they have genuine and subsisting parental responsibility and it would not be reasonable to expect the child to leave the UK
- Dependent child: a child may use FLR(FP) to extend their stay where they rely on their own family or private life ties in the UK
- A person relying on their private life in the UK: for example someone who has lived continuously in the UK for a long period or a young person who has spent a significant part of their life here
- A person relying on leave outside the Rules on the basis of family or private life: for example, if their circumstances fall outside the standard Immigration Rules but exceptional or compassionate factors apply
What is FLR(HRO) and who should use it?
FLR(HRO) is used for human rights claims, leave outside the rules, and other routes not covered by another form, including medical grounds or ill health.
Holding human-rights-based permission or leave outside the rules does not automatically mean the FLR(HRO) form is the correct form to apply for an extension. It depends on the basis of the applicant’s current permission and the grounds on which they are seeking an extension. For example, if they are staying based on family life or private life, they usually should use FLR(FP) instead.
What is FLR(IR) and who should use it?
FLR(IR) is used to extend stay in the UK under certain other categories of the Immigration Rules. Eligible categories include:
- Visitors, except transit, Approved Destination Status and Permitted Paid Engagements visitors
- UK Ancestry visa holders
- Domestic workers in a private household
- Domestic workers who are victims of slavery or human trafficking
- Parents of a Child Student
- Dependant joiners applying separately from the main applicant, where the main applicant has limited leave to enter or remain in the UK, excluding dependants of a person with leave under the points-based system or dependants of a person with leave on the basis of family or private life
- Relevant civilian employees
- Members of an armed force who are subject to immigration control
- Dependants of a member of armed forces which are not HM Forces, and
- Representatives of an overseas business
The eligibility requirements, evidence and permitted extension period depend on the exact immigration route under which a person is applying.
What is FLR(DL) and who should use it?
FLR(DL) is used by those who were refused asylum but were granted Discretionary Leave outside the Immigration Rules to stay in the UK for a limited period. It is used to apply for an extension of that stay, or for indefinite leave to remain once the qualifying period has been completed.
FLR(DL) is different from FLR(HRO). FLR(HRO) is used for human rights claims and other routes not linked to a previous asylum refusal, while FLR(DL) is specifically for a person who was refused asylum and later granted Discretionary Leave on that basis. A person applying on the basis of family or private life should not use FLR(DL) and should instead apply using the family or private life route.
When can you apply for further leave to remain?
An applicant must normally make a valid in-country application before their existing permission expires to avoid overstaying in the UK. If a person’s previous leave has already expired, there is a limited exception for overstaying that allows the Home Office to overlook the resulting period of overstaying. This applies only if the person applies within 14 days of their leave expiring, and can show a good reason, beyond their control, for why the application could not be made on time.
When a valid in-time application is made, section 3C of the Immigration Act 1971 will normally automatically extend existing permission and conditions until the application is decided.
FAQs about FLR
Is a Skilled Worker visa extension an FLR application?
A Skilled Worker visa extension is gaining “Further Leave to Remain”. But it is made through the route-specific online application for the Skilled Worker Visa, not through one of the FLR forms. The FLR forms are used for the specific categories such as partner or dependent child, and family or private life.
Can I apply for further leave to remain from outside the UK?
Further leave to remain applications must be made from within the UK. A person outside the UK who wants permission to come to the UK must apply for entry clearance instead.
Can I travel while my FLR application is pending?
You should not travel outside the UK while your FLR application is pending. Leaving the UK while an FLR application is pending will normally result in the application being treated as withdrawn. A person who needs to travel should wait until their application has been decided before leaving the UK.
What if I use the wrong FLR form for my application?
Using the wrong FLR form can result in the application being rejected as invalid, or being refused if it does not meet the requirements of the route it was mistakenly submitted under. It is important to check the correct form and eligibility requirements before applying.