We recently received the wonderful news that our client’s (“the Applicant”) application for Further Leave to Remain had been successful. The Applicant was applying for Further Leave to Remain (also referred to as a Spouse visa extension) and chose to apply using the same day premium visa service appointment. This was the second application we prepared for the Applicant as our specialist immigration team also assisted with the Applicant’s successful initial entry clearance application in September 2015.
The case for Further Leave to Remain in the UK
The Applicant was a Ghanaian national who had met his partner at Plymouth University in 2004. Shortly after they met the couple started dating. Over the course of their relationship, they had mixed and integrated with their respective family members and friends. In 2006 the Applicant returned to his home country and in 2008 the couple decided to marry in Ghana. The couple then celebrated the birth of their two children and in September 2015 the couple instructed us to prepare the Applicant’s spouse visa application. A month after submission of the Applicant’s entry clearance spouse visa application he had been granted entry clearance to the United Kingdom. In February 2016 the Applicant arrived in the United Kingdom to be with his wife and two daughters. Since arriving the Applicant’s marriage grew stronger and the couple instructed us again in March 2018 to prepare the Applicant’s Further Leave to Remain (spouse extension) application.
The Applicant and his family had travel arrangements for later in the year to attend a family wedding in Ghana and required an expedited decision from the Home Office. We informed the Applicant that he can apply using the Home Office Premium Visa Service appointment facility. This allowed the Applicant to receive a decision on his Further Leave to Remain application on the same day. The Applicant attended an appointment at the selected Visa Application Centre with our legal representations, duly completed FLR (M) application form and all of his supporting documents.
Requirements for a Further Leave to Remain Application
A Further Leave to Remain application is normally submitted within the United Kingdom. The relevant law can be located in the Immigration Rules and the relevant Home Office guidance. The requirements for a Further Leave to Remain application are very similar to those of the initial entry clearance spouse visa application. However, Applicant’s should be familiar with the exact requirements and the necessary documentation in support of their application. If you fail to meet any of the requirements your application may be refused and you may need to appeal the decision at the First Tier Tribunal. Appeals at the First Tier Tribunal are longwinded as the allocation of hearing dates can take anywhere between 6 to 12 months. The main requirements for a Further Leave to Remain application are as noted below:
- Applicants must be able to show that their marriage is still genuine and subsisting;
- Applicants must meet the immigration status requirement;
- Applicants must meet the English language requirement. From 1 May 2017, the Home Office introduced a new English Language requirement at Level A2 of the Common European Framework of References for Languages (CEFR) for Further Leave to Remain applications; and
- Applicants must meet the Financial requirement (earn a minimum of £18,600) and Accommodation requirement.
It is important for Applicants to demonstrate that they meet all of the Home Office requirements listed under the Immigration Rules and the relevant appendixes. Applicants must ensure their application is prepared as strongly and diligently as possible as this will give them the greatest chance of success. Our specialist Immigration team have an in-depth understanding of the Immigration Rules and take great care and attention in preparing Further Leave to Remain applications and building strong legal arguments. Our bespoke service gives our clients the confidence to return to us to help prepare Home Office visa applications.
Using Legal Representation to submit a Further Leave to Remain Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Further Leave to Remain application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application has the greatest chance of success.
Successful Further Leave to Remain Applications
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Further Leave to Remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration Application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your Further Leave to Remain Application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.