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Leave Granted Outside the Immigration Rules
Where an individual is currently in the UK without any (or even with) valid leave and does not (or can no longer qualify) under one of the usual immigration routes, the UKVI may exercise discretion and grant them leave to remain on the grounds of exceptional and/or compassionate circumstances of the individual e.g. they have family in the UK and it would be unreasonable for them to be forced to leave the UK and be separated from them.
What is Form FLR (FP)?
FLR (FP)
Further Leave to Remain, in the ‘F and P’ categories, is used to apply for an extension or switch from another visa category based on Family Life under Appendix FM, or Private Life under Paragraphs 276ADE(1) and 276ADE(2) of the immigration rules.
Family Life Basis
Family Life includes applications as:
- A partner of a British National or a settled person in the UK
- A parent of a British or a settled child in the UK
- A child of a person who has or is applying for limited leave to enter or remain in the UK other than under the points based system or UK Ancestry
Private Life
The difference with Private Life over Family life, is that it is solely based on the applicant's circumstances. - To qualify on the Private Life basis, an applicant must be one of the following:
- An individual who has lived 20 years (continuously) in the UK illegally (or a combination of legally and illegally);
- A child under the age of 18 years who has lived continuously in the UK for at least 7 years;
- An Individual aged between 18 and 24 and has lived continuously in the UK for at least half their life
How Long is the Leave granted for?
If granted FLR FP, the leave lasts for 2.5 years. The main difference from other immigration routes however, is that it is usually under the "10 year route" (it is possible to qualify for the 5 year route as a parent, but you must satisfy all of the requirements to do so).
This can be extended and you will be eligible for Indefinite Leave after 10 years which means you would need to make four applications of FLR FP in total.
It is however, possible to switch to the 5 year route and apply for FLR (M), once you meet all the requirements for the FLR (M) application.
When Can I Apply for FLR (FP)?
If you are in the UK, you can apply for FLR FP at any time. This is even the case if you are currently in the UK on a different visa category and wish to switch.
If you are applying to extend your existing leave under FLR FP, the earliest you can apply to extend is 28 days before your current leave expires.
In both cases you will need to complete the application online.
How Much does a FLR (FP) Application Cost?
The current Home Office fee for the majority of FLR applications (including FLR FP) is £1,258, and you would also need to pay for the Immigration Health Surcharge (IHS) which is currently £2,587.50.
Can I include Children on my FLR (FP) Application?
Children under the age of 18 can be included in your application. Dependent children over 18, however, cannot apply with you unless they were originally granted leave in this category when they were under 18 and do not live an independent life e.g. They have left home, are married, and have a family of their own.
Note that you must also pay the respective Home Office and IHS fees for each dependent that is also applying.
What is the Processing Time for FLR (FP)?
The average processing time to get a decision from the Home Office is 3 months.
Delays in your application may occur if you have not provided all the required documents that the Home Office wants to see, or in very rare cases you are required to attend an interview.
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