The UK Border Agency (UKBA) has recently updated the FLR (O), or further leave to remain ‘Other’, form to include reference to human rights applications on the basis of ‘private life in the UK’ and ‘family life as a parent’.
Although the FLR (O) was already widely used for human rights applications, the new UKBA FLR (O) form (04/2013) now specifies the categories.
The form states:
‘In accordance with paragraph 34 of the Immigration Rules, this is a specified form for the purpose of the Immigration Rules as of 6 April 2013 and must be used for all applications made on or after that date for the purposes stated on this page and listed in section 3.’
Section 3 of the new FLR (O) form refers to two categories related to private and family life:
- Private Life in the UK
- Family Life as a Parent
The FLR (O) (‘APPLICATION FOR LEAVE TO REMAIN IN THE UK IN A CATEGORY NOT COVERED BY OTHER APPLICATION FORMS AND FOR A BIOMETRIC IMMIGRATION DOCUMENT’) looks like a short and simple document compared to other further leave to remain forms.
But do not be lulled into a false sense of confidence by the seemingly straightforward FLO (O). Whilst the questions are short and further information boxes are limited, care must be taken to present your case in the best light possible.
A good immigration adviser will spend many hours crafting a detailed covering report to accompany the further leave form.
Cynthia Barker of immigration adviser’s Bison Management UK believes that ‘presentation is key’ to the success of any immigration application, let alone an ‘outside the rules’ type case.
“Clients do not always appreciate that applying for further leave to remain or a visa extension is more than just filling in a form.
“Our advisers have worked all night on the more complex human rights cases, for instance involving an overstayer in a relationship or with a child.
“We include a detailed covering letters as well as reference to relevant human rights case law.”
Applicants often slip up by failing to ‘declare’ certain facts, such as criminal convictions or civil actions (County Court Judgments/CCJ’s), almost as if they are hoping it will not be noticed by the UKBA caseworkers.
Even minor criminal convictions, for instance for not paying a train fare, and police cautions stay on your record and could affect your application to remain in the UK, or lead to a refusal for permanent residence (indefinite leave to remain/ILR) and British Citizenship.
Not telling the truth on a further leave or visa form will lead to a refusal and could result in a UK ban.
The UKBA will usually treat non-disclosure as deception, an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002.
The declaration you sign states that it is an offence to:
‘Make to a person acting in execution of any of those Acts a statement or representation which I know to be false or do not believe to be true, or to obtain or to seek to obtain leave to remain in the United Kingdom by means which include deception.”
Once you have lied to the UKBA you will have an uphill struggle convincing an Immigration Judge at an appeal tribunal that you should be allowed to stay in the UK.
If you have been arrested or detained, need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 1, 2, Tier 4, applying for university if your college has closed, Spouse Visa, ILR/Settlement, Citizenship, Dependant Visa or an appeal against a refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email: