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What is the difference between FLR(M) and FLR(FP)?
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What is FLR?
FLR stands for 'Further Leave to Remain' and is an extension to stay in the UK. It typically applies to individuals extending their existing visa (for example a Spouse Visa). There are also instances where an applicant can switch visa categories from another valid visa if their circumstances in the UK change.
If an applicant does not have any valid leave to be in the UK, it may still be possible for them to be granted FLR because of exceptional circumstances. This is covered in more detail further down this article.
FLR (M)
Further Leave to Remain, in the ‘M’ category, is used to apply for an extension or switch as a spouse/partner or dependant child of a British citizen or settled person in the UK. Applicants must show that they meet all of the requirements for Leave to Remain as a Partner, as contained under Section R-LTRP.1.1 of Appendix FM of the Immigration Rules.
Essentially they must currently have valid leave to remain/enter the UK and be able to evidence that all of the following requirements can be met:
- Relationship Requirement
- Financial Requirement
- Accommodation Requirement
- English language requirement
FLR M is granted for 2.5 years, and you would be eligible to apply for indefinite leave to remain (ILR) once you have completed 5 years in total under the same visa category. So if you originally came to the UK on a spouse visa, for example, you should only need to apply for FLR M once before being eligible for ILR. If it is the case that you are switching from another visa category e.g. a Tier 2 visa, you would need to make 2 FLR M applications to complete 5 years as a spouse/partner to be eligible for ILR.
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 settled person in the UK and/or as a parent of a British or a settled child in the UK.
Example scenarios of where FLR FP would be granted are where the applicant does not meet the requirements for FLR (M) but qualifies for an exception under Appendix FM e.g. the applicant does not currently have any valid leave to be in the UK, but they have a British spouse/partner and they also have a young child together. Therefore, it would be deemed unreasonable for the child to have to leave the UK in order for all of them to remain as a family unit.
Another scenario could be where the applicant has officially separated from their British/settled partner, but they now have sole parental responsibility of the British/settled child(ren) they have together, or they have direct access to the child(ren). They therefore can no longer qualify for leave as a partner but they do qualify for leave as a parent.
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Private Life Basis
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 just as with FLR M. The main difference 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). Therefore you will only 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.
Switching from the 10 year Route to the 5 year Route
It is important to note however, that if you do switch to the 5 year route from the 10 year route, any time spent on the 10 year route cannot be carried forward/will not count towards your qualifying period for Indefinite Leave to Remain (ILR) on the 5 year route.
That is to say, the clock resets and you must now complete the full 5 years on the 5 year route to be eligible for ILR.
If you are still not clear if you should be making an application for FLR (M) or FLR (FP), the best way to approach it is to first determine whether you meet all of the requirements for FLR (M) and if not, is it/are they something you can easily address? e.g. meeting the financial requirement? If the answer is still no, you would then need to consider if you meet the criteria to be eligible for a FLR FP application.
With a complex area of immigration law such as this, it is always recommended that you seek expert legal advice. Not doing so can be a costly and stressful experience.
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While every effort has been made to ensure that the information and law contained in this article is accurate and current as of the date of publication, we accept no responsibility for its accuracy or for any loss or damages arising from accessing, or the reliance, of this guidance.
Please also note that the information does not represent a complete statement of the Law and does not constitute legal advice.
If you would like specific professional advice about your UK immigration matter, please consider booking a consultation or one of my other legal services.
Making a UK Visa or Settlement application can be a stressful experience, and whilst there is a lot of ‘free’ information online, finding clear expert guidance that is up to date, and in line with your specific requirements can be a daunting task.
If you have any concerns about your case, it is recommended to reach out for advice from a trusted legal professional.
