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Form FLR(O) is dead. Long live forms FLR(HRO) and FLR(IR)!

Form FLR(O) is dead. Long live forms FLR(HRO) and FLR(IR)!

Venerable Form FLR(O) is no more and has been withdrawn with effect from today, 1 December 2016. It has been replaced by two new forms:

  1.  FLR(HRO) broadly for applications outside the Immigration Rules based on human rights:
  • discretionary leave (DL) if you have previously been granted DL but have not previously been refused asylum, granted less than 4 years exceptional leave)
  • medical grounds or ill health
  • human rights claims (not to be used for claims on the grounds of family or private life, including on the basis of family dependencies between a parent and a child, or for protection (asylum) claims)
  • leave outside the rules under the policy concessions in the leave outside the rules guidance claims for leave outside the Immigration Rules because of compassionate and compelling circumstances
  • other claims not covered by another form
  1.  FLR(IR) broadly for applications made under the Immigration Rules not covered by another form:
  • visitors (except transit, Approved Destination Status and Permitted Paid Engagements visitors)
  • UK ancestry
  • domestic worker in a private household
  • domestic worker who is a victim of slavery or human trafficking
  • parent of a Tier 4 (child) student
  • dependant joiners who are applying separately from the main applicant – dependants of a person who has limited leave to enter or remain in the UK, not including dependants of a person with leave under the points based system or dependants of a person in the UK with leave on the basis of family or private life
  • relevant civilian employee
  • member of an Armed Force who is subject to immigration control (course F)
  • dependant of a member of Armed Forces which are not HM Forces (dependants of a member of HM Forces should complete FLR(AF))
  • locally engaged staff of a diplomatic mission
  • representative of an overseas business
  • retired person of independent means
  • any other application for leave to remain that is within the Immigration Rules but is not covered by another form

I assume the reason for this is to prevent dual applications which rely on human rights AND the Immigration Rules at the same time. Making such an application can be desirable from the point of view of preserving appeal rights, but my initial reaction is that I do not think that the statutory definition of “human rights decision” in section 82 of the Nationality, Immigration and Asylum Act 2002 as amended by the Immigration Act 2014 depends on the form used. Do leave a comment if you have any thoughts on this.

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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