Life after the army for F&C soldiers

August 28, 2023

As well as all the other challenges that leaving the army brings, non-UK serving personnel have the extra complication of proving to potential employers that they have a right to work in the UK.

AFF F&C Specialist Katherine Houlston explains why many serving personnel are struggling to line up jobs before discharge.

WHY CAN’T SERVING PERSONNEL PROVE THEIR RIGHT TO WORK ONLINE?

Essentially because they don’t have a biometric residence permit (BRP). Whilst employers should accept the exempt stamp as evidence of the right to work, many of them are unaware of this. There is also a simple online check for confirming that exempt stamps can be accepted but employers don’t often seem to use it.

WHAT IF YOU ARE DUE TO DISCHARGE?

Employers could accept your exempt stamp as a continuous statutory excuse, meaning they are not required to check your status again, but clearly if they know you are due to discharge then they will want to know what status you will have.

If you have submitted an application for Indefinite Leave to Remain (ILR) before your date of discharge then in theory you should be covered by something called 3C leave, but in practice this doesn’t happen for soldiers.

IMMIGRATION STATUS ON DISCHARGE

3C leave is granted to anyone who makes a valid in-time application to remain (i.e. before their current visa expires). This extends the person’s existing leave and the conditions attached to that leave, to enable them to continue working, claiming benefits etc.

However, service personnel are granted leave ‘outside the immigration rules’ on discharge, regardless of whether an in-time application to remain in the UK was made or not. This leave does not allow them to work or claim benefits. This represents a significant disadvantage as they are unable to get a job until they have received their ILR BRP.

The justification for this is that there is no guarantee that a service person will be eligible for ILR on discharge, which can feel disrespectful for soldiers who may have served a full exemplary career.

Civilians on a skilled worker route or the EU Settlement Scheme route who are extending their leave may not be eligible for a visa either, but they are still able to prove their right to work whilst waiting for the decision to be made.

WHAT IMPACT DOES THIS HAVE?

We have been approached by soldiers who have served a full career of more than 20 years who are unable to organise employment in advance of their ILR being granted. Not being able to have a job lined up means they are unable to have a successful transition. Chitra Gurung (main photo) submitted his application for ILR after a full career. He was one of a recent group of Gurkhas on discharge whose grants of ILR were delayed due to a Home Office backlog.

He contacted us for help. “I have tried a few companies for jobs but they are not satisfied and have asked me to wait,” says Chitra. “I wish we had the ILR at least three months before retirement so that we can have some job experience opportunities during the resettlement period and be prepared to face the civilian world. I hope things will change and future retiring Gurkhas don’t have to face the same anxiety and humiliation we have faced.”

WHAT IS BEING DONE ABOUT THIS?

AFF has now raised this issue to the MOD and has asked that it is included in its non-UK action plan to ensure that both the MOD and Home Office consider how this issue could be resolved.

DO SPOUSES HAVE TO CHANGE THEIR VISAS AFTER THE SOLDIER HAS DISCHARGED?

No, if you’re the partner of a serving person, your visa under Appendix Armed Forces will remain valid even if the soldier discharges. You remain on that visa until you are eligible to apply for ILR. This is covered in para 20A of Appendix Armed Forces.

Emily and partner

Unfortunately this particular rule isn’t well understood by many immigration solicitors or advisors and spouses have been incorrectly advised to switch visas.

Emily Thomas was incorrectly advised that she had been an overstayer for three years because she should have switched her visa when her husband discharged in 2020.

She says: “At one point they told me I would be required to leave the UK. They told me that I would have to pay back the fees for using the NHS and even said that I shouldn’t attend my hospital appointment for the scan I needed for my heart condition.

“Honestly, it’s been the worst month of my life, I thought I was going to be deported.”

Thankfully Emily contacted us and we were able to reassure her that she was in the UK legally. She has now been granted ILR.