What is the difference between FLR(M) and FLR(FP) applications?

By 1st 4Immigration - #1 UK Immigration Experts -
Both are used to apply for visas for family members of a settled person, such as for spouses or children of a British citizen.

FLR (M) stands for a Further Leave to Remain, in the ‘M’ category, ie based on the Marriage to a settled person, under the Appendix FM. It is used for spouses and partners of British citizens and settled persons but it has to be an application within the Rules. All the requirements must be met, including the Financial Requirement, status in the UK etc. The outcome is a visa for 2.5 years in the so called “5 year Partner route”, meaning it would take 5 years to qualify for Indefinite Leave (permanent residency).

FLR (FP) stands for a Further Leave to Remain, in the ‘F and P’ categories, ie based on the Family Life under the Appendix FM or Private Life under the Part 7.

Family Life: can be used to apply for a visa as a parent of a British or a settled child when the applicant is not eligible to apply as a partner. For example, if the parents are divorced but the child either lives with the foreign spouse or a foreign spouse has the access rights granted by the court. This will be a so called “5 year Parent route”.

Also, it can be used by the spouses and partners who don’t meet the FLR(M) requirements for partners but can potentially qualify for an Exception under the Appendix FM. For example, if a foreign spouse does not have a legal status in the UK but the couple have a British child(ren) and – important – it would be unreasonable for the child(ren) to leave the UK. It won’t be based just on the fact of having a child (in which case an application from outside the UK would be appropriate). Or if the couple can’t meet the Financial Requirement but there are “insurmountable circumstances” preventing them from living outside the UK. Each case is considered on an individual basis.

There are many aspects of Family Life applications but 3 most important ones, in our opinion, are the following:

Firstly, no matter how compassionate your situation is, you must meet the definition of a ‘Partner’. For instance, this category is of no use to partners who are not married and have not lived together for 2 years (we are often asked this by the couples who met, say, 1 year ago and who are hoping for an exception).

Secondly, you will be asking the British authorities to make an exception from the law (this is what this application is about). If they deem your circumstances exceptional enough (in their opinion) they will approve your application, if not they won’t. This is why it is decided on an individual basis as it’s impossible to provide some approved list of such circumstances. It is important to distinguish between “trying for a visa” and “getting a visa”, in other words, this is not a category to simply bypass the Rules, there has to be a good reason for it.

Finally, if approved, the outcome will be a visa for 2.5 years. Yes, it’s the same duration as a Spouse/Partner visa but visa duration will be the only similarity. This is the "10 year route", meaning you’d need 10 years (not 5) to qualify for Indefinite Leave. However, you can also switch to the 5 year route once you meet all the requirements of an FLR(M) application and we can do it on same-day service. For example, if the problem was not having a valid visa, now you would have a valid Family Life visa and could switch to FLR(M) on same-day service.

Private Life is “a different kettle of fish”, despite the same form being used. It is for those who spent 20 years in the UK illegally (or legally and illegally together) and allows to legalise their stay. The outcome is a visa for 2.5 years in the “10 year route” meaning it will take another 10 years to secure permanent residency (again, can switch to FLR(M) if eligible). This category replaced what used to be ILR based on 14 years of residency.  

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

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