General Application Guidance: Basics You Need to Know
In reading this guide in full to the end you with have a basic understanding of the application requirements relating to Further Leave to remain visa applications.
If you believe your application requirements are more complex and need help.
You can apply to continue staying in the UK as a spouse, partner or other family member if you are already here on a family visa as spouse / partner or dependent. You can apply to extend your visa any time before your current leave expires. I however recommend submitting an FLR application within 90 days of your current leave expiring.
You can only continue to stay in the UK on a family visa if your previous visa was issued for over 6 months such as a spouse, civil partner or as their dependent.
The only other visa which you can enter into the UK on, that is issued up to a maximum of 6 months is a fiancé(e) visa or proposed civil partner visa.
This visa is the only temporary visa which allows you to switch out of after you have married or enter into a civil partnership. You must apply for a spouse visa FLR (M) before you fiancé(e) or proposed civil partner visa expires.
In some circumstances you cannot apply for, or switch into a family visa if you entered the UK on any of these visas.
Skilled worker visa (apply as a skilled worker dependent)
temporary work visa
Student visa (apply as a student dependent)
visitor visa
proposed marriage visitor visa
If you are here on a temporary or any type of visitor visa, you will have to leave the UK and apply through entry clearance as a spouse / civil partner or as a dependent family member. Any family dependents who are not UK nationals or Settled nationals will also need to leave the UK with the main applicant. They can re-apply with the main applicant if they are a family dependent member and can meet the eligibility requirements.
If you are applying as a long-term partner of a Irish / British national or an overseas national who has settled status, Permanent residence or Indefinite leave to remain you will also apply under the spouse or family dependent application route.
In some specific circumstances you may be able to switch to a family FLR visa within the UK if you've been granted temporary stay for the purpose of waiting on the outcome of a family court case or divorce.
To apply on your behalf for Further Leave to Remain visa you first need to meet the following core application requirements.
To apply Further leave to Remain:
You need to be over 18 years old
All dependents live with you
Currently living and settled in the UK
Your partner must be a Irish or British national or
Overseas national who has settled in the UK holding indefinite leave to remain, Settled Status or Permanent residence
EU citizen, Swiss, Norway, Iceland or Liechtenstein national holding pre-settled status living in the UK prior to 1 January 2021, registered on EU Settlement scheme
Hold UK refugee status or humanitarian protection
What you need to demonstrate:
Your married or in a civil partnership UK recognises as legally binding or
You have continued living together in a relationship akin to marriage
You are a fiancé, fiancée or proposed civil partner and have married or enter into a civil partnership within 6 months of arriving into UK
Any previous marriage or civil partnerships either of you have been in are legally dissolved
You meet UKVI English language requirements or qualify for an exemption
You can financially support yourselves and any dependents without the need to access public funds
You have adequate accommodation for any dependents living with you, without requiring access to public funds
Your partner (sponsor) must live with you permanently in the UK when you apply.
The financial requirements:
When applying on a family visa basis your partner must meet the minimum income requirements under Appendix FM. When applying from within the UK whilst holding valid leave to remain joint household incomes can be used to apply.
Joint gross annual income must be more than £18,600 per annum
plus
£3,800 first child dependent (who are not British or a settled national)
£2,400 each additional child (who are not British or a settled national)
How long can you stay:
When applying from within the UK under an extension application or further leave to remain when switching from a different category you will be awarded a 30 month visa.
If you entered UK on fiancé(e) visa granted for 6 months you can apply for a spouse visa if you are married before your fiancé(e) visa expires. A spouse visa of 30 months will be granted to you.
Natural progression to Permanent Residence:
Before your "Entry clearance" or "further leave to remain" expires you will need to apply for an extension visa under "further leave to remain" again, if successful you will receive a further 30 months.
Once you have held a minimum of 60 months leave to remain in the UK, you can apply for Indefinite leave to remain otherwise know as settlement or permanent residence provided you can demonstrate you met the application requirements. In some circumstances you may have to hold 120 months continuous leave to remain before you are eligible to apply.
Once you receive your ILR and depending on your personal circumstances you may be eligible to apply for Naturalisation (British Citizenship) immediately after receiving your Permanent residence BRP card.
Lets get your application started together
Disclaimer: The information provided above is for general purposes only relating to Immigration visa application procedures and these rules change regularly. I highly recommended you contact me directly for more in-depth advice and assistance. All enquiries receive a free initial application assessment to clarify how you meet the general application requirements of the above application route.
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