If you’re the spouse, partner, or child of a British or Irish national, or someone with settled status in the UK, and you want to extend your own stay in the UK, you can apply for Further Leave to Remain. In this guide, we will explore the strict immigration process of Further Leave to Remain (FLR) for spouses, partners and children, including how to qualify and apply.

What is FLR?

FLR is a temporary immigration status acquired by the spouse, partner or children of a British or Irish national, or someone with settled status in the UK. It allows the holder to remain in the UK for a specified time period. It is important to note that it does not grant permanent residency or citizenship; rather, it refers to the act of extending a current UK visa that is due to expire.

Part of the family visa category, FLR is usually granted on human rights grounds. For example, if you are currently in the UK on a Spouse visa, you may apply for FLR to extend your stay for up to an additional 30 months.

Do I Qualify as a Spouse or Partner?

To qualify for FLR as a Spouse or Partner, you, your partner, and your relationship must meet specific criteria. You should have fulfilled this requirement when you applied for your initial visa; however, for example, your partner must either be:

• A British or Irish citizen.
• Someone who has settled status in the UK.
• Someone who holds a Turkish Business or Worker visa.
• A person with Refugee status or Humanitarian Protection status in the UK.

You must continue to meet all of the requirements for your initial visa, such as proving your relationship to be genuine, and meet all of the financial requirements set out by the authorities. To be granted FLR, you may also have to prove your English language skills by taking an official test.

Do I Qualify as a Child?

The rules when applying as a child are similar. For example, if you’re applying as a child, your parent/guardian must meet the above eligibility criteria or:

• You must be applying to remain with a person who has been granted leave to remain based on their private/family life.
• There are compelling reasons for you to stay in the UK and suitable care has been put in place.

You must also continue to meet all of the eligibility criteria for your initial visa. For example, if you’re under 18 and were born outside of the UK, you should not live independently from your parents.

Financial Requirements

The financial requirements you need to meet to be eligible for FLR are more or less the same as the initial Spouse/Family visa. Usually, you and your partner must have a combined income of at least £29,000 per year.

The threshold goes up if you have children. For example, you need an extra £3,800 per year for your first child, and a further £2,400 for each additional child after that.

English Language Requirements

You may need to prove your English language skills as part of your application. For example, the initial Spouse visa language requirements are set at A1 Level of English, whereas the FLR Spousal visa extension requirements are set at A2.

If you already had A2 Level of English on your initial visa application, you can use your original certificate as part of your FLR application, provided it is still valid.

How To Apply

You should apply online via the UK government website. You must be living in the UK when you apply and be prepared to provide a wide range of information about yourself and any children applying with you. You will also need to provide information regarding your spouse/parent, as they will be acting as your sponsor whilst you are resident in the UK.

You can apply for FLR 28 days before your current visa expires, but it is worth applying earlier. Be sure to complete the application form correctly as mistakes can be costly and cause delays.

You will need to supply supporting documents to back up your claims as part of your application.

What Documents Do I Need?

Below is a list of documents you may need to include in your application:

• Current valid passport or other travel ID.
• Copies of the photograph page and any stamps in any previous passports.
• A copy of your biometric residence permit (if you have one).
• Proof of your spouse/partner/parent immigration status.
• Proof of the relationship between yourself and your spouse/partner/parent.
• Details of any criminal convictions.
• Your National Insurance number (if you have one).
• Proof that you meet the minimum language requirements.
• Proof that you meet the financial requirements.

It is important to note that all documents you submit with your application must be written in English or Welsh. If they are in any other language, you must supply certified translations at your own expense.

How Much Does It Cost?

As part of your application, you will need to pay the application fee of £1,048 and the UK Healthcare Surcharge of £1,035 per visa extension application. It is worth noting that if you are required to take the English language test, you are also responsible for this cost, as well as the cost of providing certified translations.

How Long Until I Receive a Decision?

It usually takes 2 to 3 months before you receive a decision on your application, although you can pay an extra £1000 for a priority service which will see you receive a decision much sooner, sometimes by the next working day.