From the outset, it is worth explaining the difference between the terms, further leave to remain (FLR) and indefinite leave to remain (ILR).
Put simply, further leave to remain (FLR) is a temporary extension of a visa status which allows a person to continue to live, work and study in the UK for a specified period; and indefinite leave to remain (ILR) allows a person to permanently live in the UK without any time limitations. Indefinite leave to remain holders can then also apply for British citizenship if they meet certain criteria.
Note that the UK’s Immigration Rules are gradually updating these terms – instead of “leave to remain”, you are now granted “permission to stay” or “settlement”.
If you are in the UK on a temporary visa and haven’t completed your qualifying period of residence to apply for indefinite leave to remain, you will need to apply for further leave to remain in the UK, or extend your visa. If you have any dependants they will normally apply for further leave to remain alongside you.
The visa route you are on will decide the type of application you will be required to make.
For example, if you are in the UK as a spouse or partner of a British citizen / settled person under the 5-year route to settlement, you will need to submit a FLR (M) application.
If leave was granted as a parent of a British citizen or under the family and private life provisions of the Immigration Rules, then you will need to submit a FLR (FP) application.
You must apply for further leave to remain before your visa expires, as failure to do so will result in you becoming an overstayer.
An overstayer will be regarded as having breached immigration laws and you could be subject to removal from the UK. If you leave the UK following a period of overstaying your visa - voluntarily or after being removed from the UK at government expense - you may be subject to a re-entry ban to the UK.
If there is a good reason why you were unable to submit a further leave to remain application before the expiry of your leave, e.g., due to serious medical issues which prevented you from applying before your visa expired, and you submit the extension application within 14 days from when the leave expired, the Home Office may accept this reason and grant you leave to remain.
When applying for further leave to remain, an application must be made online, using the relevant form, e.g., FLR(M) or FLR(FP). Extensive documentation will in many visa routes also be required to show that you meet all of the requirements of the relevant route.
It is crucial that the application form is completed correctly, and the correct supporting documents are submitted, because your ability to remain in the UK will depend on this application being approved by the Home Office. Remember it is the applicant’s responsibility to check all stated answers are correct, even if you use a representative or agent to complete the form for you. Including false information on an application is likely to result not only in refusal, but also a potential ban on entry.
When applying from within the UK, you will also usually need to attend a biometrics appointment at a TLS centre.
Having attended a TLS centre, the processing times for further leave to remain applications can vary – this will depend on the type of the further leave to remain application. The standard processing time period for a FLR (M) application is 6 months, and the standard processing time for a FLR (FP) application is 12 months. However, a priority service option for a 24-hour decision is available for certain partner and parent route applications for an additional fee.
In the event that your leave expires whilst your application is being decided by the Home Office, your permission to stay in the UK will usually be extended by virtue of section 3C of the Immigration Act 1971. This is provided you made an in-time application prior to the expiry of your existing leave.
Indefinite leave to remain (ILR), also referred to as ‘settlement’, will allow you to live, work, and study in the UK indefinitely without any visa restrictions.
If you are granted indefinite leave to remain in the UK, you can work in any business, profession or employment, including self-employment; can undertake any type of study; and apply for benefits, if eligible.
Furthermore, indefinite leave to remain is also a step closer towards being eligible to apply for British citizenship.
You will retain ILR so long as you are not absent from the UK for more than 2 years at any one time.
· Been living continuously in the UK for the required qualifying period
Most visa routes lead to settlement after completing 5 years in the UK, e.g., partner / parent route visa, skilled worker visa; however, there could be certain visa routes which could lead to settlement after 3 years, e.g., Global Talent visa or the Innovator Founder visa.
· Good character – suitability requirements
If you have breached immigration laws or received a serious criminal conviction during the relevant qualifying period, there is a risk that your settlement application will be refused for failing to meet the suitability requirements.
· English language requirement
Unless an exemption applies, e.g., applicant is under 18 or over 65 years of age, or you have a serious physical or mental condition which would prevent you from taking and passing the test, you will be required to pass an English language test at Level B1 as required by the Common European Framework of Reference for Languages (CEFR). The English test would also be required to be undertaken at an approved Home Office secure English language test centre (SELT).
· Life in the UK test
You will also be required to pass the ‘life in the UK’ test - unless exempt from taking the test. Similar to the English language test, the exemptions are, you are under 18 or over 65 years of age; or you have a long-term physical or mental condition which is confirmed in writing by a medical professional.
· Absence requirements
It is worth noting that some visa categories, e.g., skilled worker visa, have an absence requirement so you cannot have spent more than 180 days in a 12-month period outside the UK during the ‘qualifying residency‘ period.
1. The crucial first step is to establish whether you are eligible to apply for indefinite leave to remain by satisfying the requirements of the Immigration Rules; and do not fall foul of the suitability requirements of the Rules
2. The second step will be to complete and submit an online application form – the form will depend on the visa route you are applying under, e.g., SET (M) form if you’re applying under the 5-year partner route
3. The third step will be to submit biometric information, e.g., submit biometrics at a TLS centre (unless you are able to provide biometrics via the Home Office ID app)
4. Await the decision from the Home Office
There is a standard processing fee for an indefinite leave to remain application which is the same for adult or child applicants.
The standard processing time for indefinite leave to remain applications is on average up to six months for a decision.
Some visa categories for indefinite leave to remain, e.g., a 5-year partner settlement application, have a priority service where a decision can be made within 24 hours for an additional fee.
If you require assistance with submitting a further leave to remain or an indefinite leave to remain application, please contact our expert immigration team at Latitude Law.
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As the requirements for further leave to remain (FLR) and indefinite leave to remain (ILR) are complex, to ensure success, you should seek specialist advice from an immigration solicitor before you proceed with an application. Latitude Law’s specialist lawyers can advise you about your individual requirements and ensure that your supporting documentation is compliant with the very latest immigration rules.
The business visitor visa is for individuals who wish to enter the UK in order to undertake permitted short-term business-related activities.
As the business visit visa route falls within the standard visitor visa category, business visitors will only be permitted to travel to the UK for short periods e.g. a maximum period of 6 months.
A Skilled Worker visa has replaced the Tier 2 (General) work visa. It is open to individuals wanting to work in the UK who have been offered an eligible job by an employer with an approved Sponsor Licence.
The UK welcomes highly skilled people from overseas and offers the Global Talent Visa for those endorsed in science, humanities, engineering, medicine, research, digital technology or the arts. Even if you qualify for a Global Talent Visa, previously titled the Tier 1 (Exceptional Talent) Visa, it can be difficult to apply and succeed without legal support. The Global Talent Visa solicitors at Latitude Law are on hand to guide you through the process of a successful visa application.
