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London, United Kingdom

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Imran & Co Solicitors
Imran & Co Solicitors

Further Leave Outside the Immigration Rules (UK)

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Overview

Further Leave Outside the Immigration Rules (FLOIR) is a discretionary route that allows individuals to stay in the UK for compelling, compassionate or other exceptional circumstances.

Eligibility Criteria

  1. Exceptional Circumstances: Must demonstrate compelling compassionate reasons or other exceptional circumstances that warrant further leave to remain.
  2. No Other Immigration Route: The circumstances must not fall within the existing immigration rules or routes.
  3. Evidence: Provide strong evidence supporting the exceptional
  4. Financial Support: Ability to support yourself and any dependents without relying on public funds.

Application Process

  1. Gather Documentation: Provide detailed evidence of the exceptional
  2. Submit Application: Apply for Further Leave Outside the Immigration Rules.
  3. Decision: UK Visas and Immigration (UKVI) will consider the application based on the merits of the case.

Key Points

  1. Discretionary: FLOIR applications are decided on a case-by-case basis at the discretion of UKVI.
  2. Duration: The duration of leave granted can vary based on individual circumstances.
  3. Review: Applications must clearly demonstrate why the circumstances warrant further leave outside the standard immigration rules.

FAQ (Frequently asked questions):

FLOIR is a discretionary form of leave granted in exceptional circumstances where an applicant does not meet the standard immigration rules but has compelling reasons to stay in the UK.

Eligibility typically includes individuals who:

  • Have compelling, compassionate, or exceptional circumstances.
  • Can demonstrate that their removal from the UK would result in significant hardship or injustice.

Examples include serious health conditions requiring treatment in the UK, family life with a British citizen or settled person that cannot reasonably continue outside the UK, or other humanitarian reasons.

There is no specific form for FLOIR; applicants usually apply through the standard leave-to-remain forms (e.g., FLR(HRO) for human rights claims) and provide detailed information and evidence of their exceptional circumstances.

Supporting documents may include:

  • Medical reports if applied on health grounds.
  • Evidence of family life, such as marriage or birth certificates.
  • Letters of support from doctors, social workers, or community leaders.
  • Any other documentation demonstrating the compelling nature of your situation.

: The Home Office considers:

  • The strength of the applicant’s connections to the UK.
  • The impact of refusal on the applicant’s welfare.
  • Human rights considerations, such as the right to family life.
  • Any other compassionate or compelling circumstances presented.

Permission to work depends on the terms of the FLOIR granted. Some applicants may be given the right to work, while others may not. This should be specified in the decision letter.

FLOIR is typically granted for a limited period, often 2.5 years, but this can vary depending on the individual circumstances of the case.

Yes, but this depends on the specific circumstances and the length of continuous lawful residence in the UK. Applicants usually need to demonstrate a prolonged period of stay under exceptional circumstances.

If refused, you may have the right to appeal or request an administrative review, depending on your application and the grounds for refusal. Seeking legal advice is recommended.

Yes, there is a fee for applying for leave to remain, even if applying outside the rules. Fee waivers may be available in cases of financial hardship.

Travel restrictions depend on the specific terms of your leave. Generally, leaving the UK while your FLOIR application is pending or granted could impact your status. It is important to seek advice before travelling.

For Expert legal advice and assistance, reach out to Imran & Co Solicitors today.

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