AFF’s Foreign & Commonwealth team is made up of qualified immigration advisors and responds to thousands of visa and immigration enquiries a year from serving personnel and their families.
As well as being capable of answering the more straightforward enquiries on the armed forces immigration rules, some members of the AFF Foreign & Commonwealth team are qualified to provide information and guidance on more complex elements of the regulations. AFF Foreign & Commonwealth Specialist Katherine Houlston explains more…
RELATIONSHIP BREAKDOWN AND DOMESTIC ABUSE
If your relationship breaks down whilst you are on a limited leave partner visa, you can no longer remain in the UK on that visa. If you wish to remain in the UK, you have to switch onto a different immigration route. There are two main options depending upon the circumstances:
- Domestic abuse – if the relationship broke down as a result of domestic abuse, it is possible to apply for indefinite leave to remain (ILR). The application will be free if you can show that you do not have the funds. AFF provides full support for spouse victims of domestic abuse. We can help with applying for immediate temporary leave to give access to public funds, completing the application, collecting the evidence and submitting all the documents. AFF has assisted more than 90 spouses with their applications for ILR since 2016.
- Parent of a British child – if you are not eligible for the above route it may be possible to remain in the UK based on your British children. Whilst this route does not grant immediate indefinite leave, it does grant leave to remain on a limited basis with the possibility of access to benefits. Fee waivers are also available for this route. ILR can be applied for after 10 years on this route (or an amalgamation of previous legal time spent in the UK).
You may be eligible for ILR if you have lived in the UK legally for 10 years on any immigration route. If you have not had continuous lawful residence but you have lived in the UK for 20 years, you would be eligible for limited leave only.
ADOPTION
The immigration rules on adopted children are complex and you should always contact AFF before making any applications. It is possible to bring children you have adopted to the UK if the adoption took place under the ‘Hague Convention’ or in a country on the recognised overseas adoption order. ‘De facto’ adoptions (where the child has lived with the adoptive parents for at least 12 months out of UK) are also recognised. Applications are made under specific immigration rules, children will either be granted Citizenship, ILR or limited leave depending on the immigration status of the adoptive parents. Adoptions not recognised in the UK will need to follow the ‘inter-country adoption’ process. Please contact the F&C team for further details.
DISCHARGING WITH A CUSTODIAL CONVICTION
Government policy is to pursue deportation if a person has received a custodial sentence of 12 months or more, if they are a persistent offender or they have been convicted of an offence which has caused serious harm. Serving personnel who have been sentenced to at least 12 months in the Military Corrective Training Centre (MCTC) can be considered for deportation, depending on the conviction.
It may be possible to remain on the basis of human rights, depending on the circumstances. As a result of rule changes that took place in April 2024, serving personnel sentenced to less than 12 months in MCTC may also be refused an application to remain. It is currently unclear what you would be granted instead – AFF is seeking clarification on this.
HOME OFFICE MEETING
In June, Katherine attended a meeting at the Home Office to discuss aspects of the new armed forces immigration rules. The policy team agreed to a number of the requested amendments, which will be incorporated in rule changes in the new year. Other issues raised include the ability for the serving person to work whilst waiting for their visas to be granted when they leave the army, and only granting partner visas to the end of the service person’s discharge date instead of giving them the full five years. AFF will continue to work with the Home Office on these and other issues where service is causing a disadvantage.