Dealing with more than 200 enquiries a month means AFF’s Foreign & Commonwealth team has a detailed knowledge of the rules in Appendix HM Armed Forces, including what’s working for families and what may be creating disadvantage when compared with civilian rules.
F&C Specialist Katherine brings up these concerns in regular meetings with the Home Office Armed Forces policy team. In fact, since new rules were introduced in April 2024, changes have already been made following recommendations by AFF.
Here are some of the issues Katherine is working with the Home Office on…
VISA EXPIRY CONFUSION
Under current rules a non-UK family member joining a serving person in the UK will only get a visa up to the ‘end of contract’ date of the serving person if they are due to discharge in under five years – even if the serving person is British.
They might only be granted a visa for a very short period and will have to pay again to extend it once the serving person has discharged or extended their contract. This issue affects a lot of Gurkha soldiers who wait longer to bring their spouses to the UK.
Samuel is in the Military Provost Guard Service (MPGS) and is British. In 2023 his wife was granted entry for five months. Thinking it was an entry visa, they tried to collect the BRP from their post office but it never arrived. A lawyer eventually found she was only granted a visa up to Samuel’s end of contract date, which meant she was an overstayer.
AFF liaised with caseworkers to ensure her overstaying was overlooked and that the new visa application was granted for five years. But the couple had already spent nearly £2,000 seeking a resolution.
RIGHTS ON MEDICAL DISCHARGE
Non-UK personnel must serve for four years to be eligible for ILR. There used to be exceptions for medical discharge cases, but caseworkers are now only granting limited leave to people discharging medically, even if they have served for nearly four years and even if they have an injury attributable to service. This limited leave doesn’t lead to settlement, so veterans have no idea what they should apply for next.
Rupert discharged with a medical condition attributable to service after serving for three years and eight months. He was granted limited leave to remain until 2027. The caseworker assessed that his condition wasn’t serious enough for ILR because he might make a full recovery after surgery.
He was eligible for citizenship as he had been in the UK for five years, but he was told – incorrectly – that he could apply up to 28 days post-discharge. His application was refused because he had discharged and didn’t have ILR. He has a British child and can remain in the UK, but switching to the parent route for ILR is long and expensive.
NERVOUS WAIT FOR A DECISION
When a serving person discharges they are given leave outside of the immigration rules for 28 days, but it doesn’t allow them to work or claim benefits. It’s not a problem if ILR is granted immediately but there are cases where a decision may not come for months. This leaves the veteran reliant on charity support and at risk of homelessness.
Civilians who apply to remain in the UK will keep the status they had before the visa expired, so can continue working and, in most cases, don’t lose their job and house at the same time.
Greg served for over four years and submitted his ILR well before discharge in 2024. He and his son were in danger of eviction from their SFA while waiting for his application to be processed. His caseworker said the delay was due to a pending prosecution, but the police national computer had not been updated to show he had no outstanding offences. Greg had to submit a record deletion request and AFF asked the caseworker to follow up. ILR was granted a month after discharge.
If you’re affected by any of these issues, contact fcsupport@aff.org.uk