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Will I be arrested by United Kingdom Immigration after I submit my application?

Once you have submitted a complete and valid application, the United Kingdom immigration authorities will generally not automatically remove you from the country. This is because Home Office can no longer classify you as unlawful, so it cannot be used as a reason to arrest you and initiate removal proceedings. Instead, they will process your application first, review your valid application, and make a decision based on the information you submitted. In this process, legally you are “legally” remaining in the United Kingdom until there is a clear outcome.

However, there are a few things to keep in mind:

Lawful residence during the application process: If you submit a new application before your existing visa or permission expires, and while awaiting the outcome of your application, you will generally be deemed to be lawfully present in the United Kingdom until a decision is made by the Department of Immigration.
Risk of overstaying: If you submit your application without a legal visa, you may still be considered overstayed, even if your application is accepted. In this case, if your application is denied, there is a possibility that Home Office may take further action, such as detention, or may deport you.
Right to appeal: If your application is denied, you generally have the right to file an appeal or apply for an administrative review. During an appeal or reconsideration, you can usually remain in the United Kingdom until the court makes a decision.
Exceptional circumstances: If the applicant has a criminal record and has been sentenced to prison for 12 months or more, causing the Home Office to consider that the applicant poses a threat to public safety, or in extreme circumstances, they may take immediate action to initiate removal proceedings, but this is very rare and will not take effect immediately, and the applicant may still have the opportunity to appeal the decision of the Home Office.

Even if you are detained, don’t worry about being deported immediately, as it normally takes time to initiate the process, so you still have a chance to have your removal order lifted and you can be released on bail.

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Do I have to stay in the United Kingdom for more than 20 years to apply for legal status with my family and private rights?

It does not have to be more than 20 years before you can apply for legal residence on the basis of the right to family and private life (i.e. Article 8 of the European Convention on Human Rights). 20 years of residence is only one of the conditions, and applicants who meet other conditions can also apply for legal status based on the right to family and private life if they have not reached the 20-year residence condition.

Here are a few situations in which an application can be made before 20 years of residence:

1. Childhood/Adolescence：

If your child was born in the United Kingdom and has lived in the UK for 7 years or more, you can apply for legal leave to remain on the basis of family and private life. In this case, the child’s parents may also be able to obtain legal status, as forcibly returning the child to a country they are not familiar with may be considered not in the best interest of the child.
Those aged 18~25 years old can apply for legal status if they live in the United Kingdom for more than half of the time after birth.

2. Family Members:

If your partner or child is a United Kingdom citizen or has permanent residency, you can apply for legal leave to remain on the basis of family ties, even if you have lived for less than 20 years.

3. Private Life:

Even if it has not been 20 years, if you have established deep social and cultural ties in the United Kingdom and return to your country of origin, it will bring great difficulties, such as adapting to the living environment and social network, and you may apply for residence on the grounds of private life.

4. Special Circumstances:

In some special cases, there may be other reasons for you to qualify for family and private life. For example, if you have serious health problems, returning to your country of origin may significantly worsen your health, which may also be a reason to apply.

Success in each case depends on individual circumstances and evidence. Therefore, even if you have not lived in the United Kingdom for 20 years, you may still have the opportunity to apply for legal status on the basis of family and private life.

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If my application is approved, what are the general circumstances and requirements?

If your application is approved on the basis of private and family life, you will generally be granted the following residency status and requirements:

1. Leave to Remain

Validity: A 30-month (2.5-year) Leave to Remain permit is usually granted.
Renewal: After the initial 30-month residence permit expires, you can apply for a renewal and then every 30 months. If you have held this visa for 10 consecutive years, you can apply for Indefinite Leave to Remain (ILR). During the renewal period, it is also necessary to meet the residence permit granted by the Immigration Department on the basis of the original reason, and certain documents need to be submitted. If circumstances change, you will need to provide proof to explain to the immigration authorities why you should be granted status in the United Kingdom.
Work and study: You can usually legally work and study in the United Kingdom while holding this residence permit.
Welfare restrictions: These visas usually come with a “No Recourse to Public Funds” condition, which means you cannot apply for certain government benefits.
Departure: Once you have been granted status, you can also return to your home country and re-enter the United Kingdom (subject to the requirements of your country of origin).

2. Indefinite Leave to Remain

Time requirements for renewal: You will need to renew your visa on time while you have a limited residence permit and continue to meet the requirements of the Immigration Department for your family or private life.
Number of days absence: Within a ten-year period, you must meet the requirement not to leave the United Kingdom for more than 180 days every 12 months. If you are living abroad before 11 April 2024, you cannot be absent from the United Kingdom for more than 548 days and cannot be absent for more than 184 days in a 12-month interval.
English language proficiency requirements and the Life in United Kingdom the UK test: You may be required to meet the English language proficiency requirements and United Kingdom pass the Life in the UK Test. Persons under the age of 18 or over the age of 65 are not required to meet both requirements. If you have a disability to meet the English language proficiency requirement and these disability are unable to meet the requirements due to a long-term physical or mental condition, we can apply to Home Office for a waiver of this requirement.
No criminal record requirement: You need to comply with the law in the United Kingdom and avoid any criminal acts that may affect your right of residence.

The specific requirements for each situation may vary, especially if your application involves special circumstances or special terms. It is recommended that you read the Home Office approval letter carefully after you have been approved and confirm the next action plan with an immigration lawyer to ensure that all requirements are met and that your status is properly managed.

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What documents do I need to prepare if I want to make the above application?

When applying for a residence permit based on the right to family and private life (e.g. through Article 8 of the European Convention on Human Rights), you will need to prepare a series of documents to support your application. These documents will help prove that your reason for residence meets the requirements of immigration law. Here is a list of documents that usually need to be prepared:

1. Proof of identity and residence

Passport: This includes your current valid passport as well as any old passports to prove your identity and record of entry into the United Kingdom.
Visa or Residence Permit: A copy of your current visa or residence permit (if any).
Birth certificate: If a child or family member is involved, the relevant birth certificate is required.

2. Proof of residence

Proof of address: such as tenancy agreements, mortgage documents, bills (e.g. utility bills, bank statements, tax bills, etc.) that should show your length of residence in the United Kingdom and address history.
Residence history within the last 20 years: If applying for the 20-year residence rule, you will need to provide as much detail as possible about your residence history for the past 20 years, and applicants will need to provide evidence of residence in the United Kingdom for each year to prove that you have been living in the United Kingdom continuously.

3. Proof of family relationship

Proof of marriage or partnership: e.g. marriage certificate, civil partnership registration certificate, proof of cohabitation (e.g. joint account, joint lease agreement, etc.).
Proof of the child’s relationship: such as birth certificates, school records, medical records proving your relationship with the child and the child’s life in the United Kingdom.
Proof of identity and residence of family members: such as copies of family members’ passports, visas, or residence permits.

4. Proof of private life

Evidence of social and cultural connections: e.g., employment records, proof of education, evidence of community involvement (e.g., volunteering, membership in associations, etc.).
Medical records: If you have health problems or special medical needs, you need to provide medical certificates, doctor’s letters, and other relevant documents.
Any evidence of inappropriateness to return to your country of origin: such as a report of the situation in your country of origin (which may include evidence of conflict, discrimination, or other risks), and the negative impact of returning to your country of origin on you or your family.

5. Proof of finances and employment

Proof of financial status: such as bank statements, pay stubs, tax payment certificates, rental income, or other sources of income.
Proof of employment: such as employment contract, employer letter, P60 or P45 form, freelance contract, etc.

6. Supporting letter

Solicitor’s letter: If you have an immigration solicitor, they may write a letter detailing the reasons for your application and the legal basis.
Supporting letter from family, friends or community: These letters can help demonstrate your social and family ties in the United Kingdom.

7. Proof of language proficiency (if applicable)

Proof of English language proficiency: Transcripts of passing an English language test (e.g. IELTS), which may be required if you intend to apply for Permanent Residence (ILR) or citizenship.

8. Proof of living in the United Kingdom test (if applicable)

Life in the UK Test: Proof of passing this test is required when applying for permanent residence or citizenship.

9. Fees for submitting the application

Proof of payment of the application fee: such as a receipt for payment of the application fee. Depending on the type and complexity of the application, the cost may vary.

Before submitting your application, it is advisable to double-check the latest requirements of Home Office and consider seeking the assistance of a professional immigration lawyer to ensure that all documents are complete and accurate to improve the chances of a successful application.

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How many categories does United Kingdom Further Leave to Remain have?

Further Leave to Remain (FLR) is a type of residence permit in the United Kingdom that is used to extend or renew an existing residence permit. Depending on the situation and the needs of the applicant, FLR can be divided into a variety of categories. Here are the main FLR categories:

1. FLR(M) – Spouse/Partner/Dependent Visa

For spouses, unmarried partners, same-sex partners, civil partners or eligible children of United Kingdom citizens or permanent residents
Applicants can apply for further leave to remain based on maintaining a family relationship with a United Kingdom citizen or person with permanent residency.

2. FLR(FP) – Family & Private Life

Applies to applications based on family ties or private life. This includes applicants who have a special relationship with a United Kingdom citizen or person holding permanent residence, or who have lived in the United Kingdom on a permanent basis (e.g. children living in the United Kingdom for more than 7 years, or adults living in the United Kingdom for more than 20 years).
It also applies to people facing extreme hardship who may be in breach of their right to family and private life if asked to leave the United Kingdom.

For applications that do not fall under other specific FLR classifications. This may include dependents of certain asylum applicants, people who need to remain in residence for medical treatment, or people who need to extend their leave to remain in the United Kingdom for some special reasons.
This category is broad in scope, but generally applies where there is no clearly specified visa path.

3. FLR(O) – Other Categories

4.FLR (HRO) – Human Rights and External Affairs

Applies to individuals applying on human rights or other similar grounds, usually including those facing deportation but having sufficient grounds to remain in the United Kingdom.
Such applications are usually based on the European Convention on Human Rights or other human rights-related legal provisions.

5. FLR (DL) – Temporary Residence Permit

It is applicable to individuals who have previously been granted a “Discretionary Leave to Remain” (DLR) and wish to extend their stay.
This permission is usually granted to those who do not meet other immigration rules, but are granted residence permission based on exceptional circumstances, such as individuals whose asylum application has been denied but cannot be deported for humanitarian reasons.

6.FLR (ILR) – Renewal before indefinite residence permit

For those who are about to apply for Indefinite Leave to Remain (ILR) but are not yet eligible and need to extend their existing visa before then.
For example, some people use this category to extend their residence permit after completing a 5-year family visa or 10 years of long-term residence until the requirements of the ILR application are met.

7. FLR(AF) – Members of the Armed Forces and their dependents

Applies to the spouse, partner or child of a member of the United Kingdom Armed Forces, allowing them to reside in the United Kingdom for the duration of the presence of the members of the Force.

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FAQs for Further Leave to Remain Applications

1. Do I need to have lived in the UK for 20 years continuously to apply for FLR FP/FLR M?

No, you do not need to have lived in the UK for 20 years to qualify for a human rights application. Many people mistakenly believe that they can only apply for leave to remain after meeting the 20-year residence requirement. Regardless of whether you have lived in the UK for 20 years, you must prove that you face insurmountable obstacles and demonstrate the rights you have established under Article 8 during your stay in the UK.

Simply put, if you can provide evidence that you have integrated into UK society and culture and have established meaningful relationships with others living in the UK, you may apply for limited leave to remain. This aligns with the standards set out in the case of R v SSHD (Razgar case).

2. If my application is refused, can I submit a new application to obtain legal status in the UK?

You should maintain ongoing communication with the Home Office, honestly explaining your circumstances and how they meet the criteria beyond the standard rules. This will allow you to seek leave to remain under Article 8 or outside the immigration rules. If you have been refused before, the previous refusal will serve as a starting point, and we need to systematically address all the reasons for the refusal while presenting new substantive arguments in your new application.

Therefore, it is crucial to retain all documents related to past decisions and provide them to your current solicitor. This ensures they can access your case information seamlessly and provide you with the most accurate legal advice. If the previous refusal points are adequately addressed, the Home Office may be willing to consider the merits of your current application. If these merits meet common law requirements, you may be granted 30 months of limited leave to remain under the 10-year route.

3. If I have been refused by the Home Office before, does this mean my chances of approval in the future are lower?

Absolutely not. While a previous refusal may have some impact on your new application, it does not reduce the success rate of your current application. The Home Office assesses each application based on your latest circumstances.

Our legal team takes the time to understand your situation and obtain relevant instructions to ensure we can identify strengths in each case before submitting any application to the Home Office. This means that every case is unique to us, and we prepare each one based on its individual merits.

Building a case around the individual allows us to present the client’s situation comprehensively for the Home Office to consider. This ensures that previous refusals are addressed, and further clarifications are made, thereby ensuring that the merits of the current application are not overlooked. If the case is complex and requires an appeal, we will take appropriate measures to achieve success at the First-tier Tribunal.

4. I have overstayed in the UK for 15 years, and my recent application was refused. Should I wait until I have been in the UK for 20 years before submitting a new application? Will this increase my chances of success?

Even if you have overstayed for 15 years and have been refused, you do not need to wait until 20 years before submitting a new application. For human rights applications based on 15 years of residence, you must prove to the Home Office that you face insurmountable obstacles.

A refusal does not mean that your application lacks merit, but it may indicate that the way the facts and arguments were presented needs improvement to support the claim of insurmountable obstacles. Each new application will start from the previous refusal record, so you must address the refusal reasons in your new application.

If you choose to wait until 20 years before submitting a new application, you will still need to prove insurmountable obstacles and demonstrate the rights you have established under Article 8 while living in the UK. Additionally, you will need to provide proof of residence for every year of your 20-year stay in the UK. Your chances of success will not necessarily increase; it will depend on your personal circumstances and whether you can prove continuous residence in the UK.

Simply put, if you can provide evidence that you have integrated into UK society, established meaningful relationships with others living in the UK, and face insurmountable obstacles in returning to your home country, you may still have a chance to be granted leave to remain without waiting for 20 years.

5. I have been granted FLR FP, and my partner is also an overstayer. Can my partner apply for FLR M or a spouse visa based on our relationship?

No, your partner cannot apply for FLR M or a spouse visa because you have only been granted FLR FP, which does not meet the eligibility requirements for these applications. However, your partner may apply for FLR FP based on your relationship and the family life you have established in the UK.

FLR FP is a human rights application based on Article 8, concerning family and private life in the UK. If you have lived in the UK for less than 20 years, you can apply by proving that you and your partner would face insurmountable obstacles if required to leave the UK.
The FLR FP application considers all aspects of your family and private life. If you and your partner can demonstrate that returning to your home country would pose insurmountable obstacles, your partner may be eligible to apply for limited leave to remain based on your relationship.

6. My partner and I are both overstayers, and we recently had a child in the UK. Will this improve our chances of a successful application?

Having a child in the UK does not automatically grant you and your family the right to remain in the UK. Parents without legal status in the UK will only be able to secure legal status for their child if the child meets the eligibility requirements.

The Home Office will consider additional factors, such as the nationality of both parents, how long they have been outside their home country, and whether the child is stateless. Therefore, having a child in the UK does not necessarily strengthen your application. However, the Home Office will take multiple factors into account, including the best interests of the child, which may influence the outcome of your family and private life application.

7. I do not have any proof of 20 years of residence in the UK. Do I still have a chance of approval?

Yes, you still have a chance. While proof of residence can support your application, it is not the sole determining factor. Many people mistakenly believe that they must provide a full 20-year residence record to succeed in their application.

Regardless of whether you can prove 20 years of residence, you still need to demonstrate that you have established private and family life in the UK and that returning to your home country would present insurmountable obstacles, violating your rights under Article 8.

In summary, lacking proof of 20 years of residence does not automatically lead to a refusal. The more important factor is demonstrating your integration into UK society and your meaningful relationships with others living in the UK.

8.I have used a false name in the past. Will this negatively affect my application?

Yes, this can have a negative impact on your application to some extent, as it may not meet the suitability requirements of the immigration rules, which could result in a refusal. However, if you can explain the reasons for using a false name based on mitigating factors, including human rights considerations, the Home Office may treat it as an exception to the refusal grounds. The Home Office has an obligation to assess all circumstances of an applicant’s past and determine whether there were exceptional reasons for using a false name.

9. I entered the UK illegally, do not have a passport, and the Home Office has no records of me. Does this mean I cannot apply to stay in the UK?

No, even if you entered the UK illegally and do not have a passport or immigration records, you can still apply and successfully obtain leave to remain in the UK. You can support your application by providing as much evidence as possible of your residence in the UK, demonstrating that you have integrated into British society and that returning to your home country would pose insurmountable obstacles.

In summary, even without official records, you can still apply as long as you can prove that you have established a private and family life in the UK and that refusing your application would constitute a violation of your Article 8 rights.

10. I hold a spouse visa, but my relationship with my partner has ended. Will this affect my immigration status? If I have a new partner, can I extend my visa based on the new relationship, or do I need to submit a new application?

If you hold a spouse visa in the UK but your relationship with your sponsor has ended, your visa may be affected. You must inform the Home Office, as your visa was granted based on this relationship. The Home Office may shorten your visa duration, giving you limited time to either leave the UK or apply for a different route to remain in the UK.
If you have a new partner, you can apply for a new spouse visa based on this relationship. This will be treated as a new application (rather than an extension) since your previous visa was linked to your former partner. You must meet all eligibility requirements, including financial, language, and relationship criteria, unless an exception under the immigration rules applies.

11. I do not have enough money to pay the Home Office application fee. Are there other ways to apply?

If you cannot afford the application fee, you can apply for a fee waiver to exempt you from paying the Home Office fees associated with your application. If successful, you will not have to pay the application fee or the Immigration Health Surcharge (IHS), allowing you to proceed with your application at no cost. You must provide evidence that you cannot afford these fees or that paying them would place you at risk of destitution.
To demonstrate your inability to pay the Home Office fees, you will need to show:
- Your and your sponsor’s income (including wages, any benefits, and financial support from others), as well as your savings compared to your monthly expenses. You can provide bank statements, receipts, payslips, etc., to support this.
- Your total regular income and expenses, which can be organized in a table format.
- The impact of paying the Home Office fees on any dependent children.
Please note that if the Home Office believes:
- You have not provided reliable information about your financial situation.You have used funds for non-essential expenses instead of the application fees.
They may refuse your fee waiver request. If your fee waiver application is approved, you will receive a code allowing you to submit your application for free within 10 working days.

If your fee waiver request is refused, you can either submit another fee waiver application, addressing the reasons for the refusal or you can proceed with your application and pay the Home Office fee.

12. I have overstayed my visa in the UK, and my partner is British, but my partner does not work. Does this mean I cannot apply to stay in the UK due to our lack of income?

No, you may still apply if you can meet the financial requirement through alternative sources of income, such as savings or certain public benefits.

Savings: If you can show that you have held a certain amount of savings in a bank account for at least six months, this can help you meet the financial requirement. You can provide your own bank statements or evidence from a sponsor showing the funds have been held continuously for six months. The required amount is calculated using the Home Office formula, which includes a base amount of £16,000 and the shortfall between your partner’s income and the minimum financial requirement (£29,000) multiplied by 2.5.

If your partner has no income, this means their income is £0, and the shortfall of £29,000 must be multiplied by 2.5, resulting in a total of £72,500. Adding the base amount of £16,000, you would need £88,500 in savings to meet the financial requirement.

Certain types of benefits can be considered as meeting the financial requirement for a spouse visa application, such as:
- Disability Living Allowance (DLA)
- Carer’s Allowance
- Personal Independence Payment (PIP)