Discharge Procedures

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Applying for ILR

Requirements for indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces

276O. The requirements for indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces are that:

(i) the applicant has completed at least four years' service with HM Forces*; and

(ii) was discharged from HM Forces on completion of engagement; and

(iii) was not discharged from HM Forces more than 2 years prior to the date on which the application is made; and

(iv) on the date of application has leave to enter or remain in the United Kingdom; and

(v) does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974**

*See the section below on 'Medical Discharges' for exceptions to this requirement.
**See the section below on 'Discharges following military or criminal convictions' for more information.

Once you are discharged from the Army your exempt stamp is cancelled and you will have 28 days to make an application for Indefinite Leave to Remain (ILR) in order to remain in the UK (if you are eligible).
If you wait until you are discharged before making your application for ILR you and your family could find yourself in a difficult position, with nowhere to live and with no access to benefits whilst you wait for the ILR to be issued.
It is therefore recommended that you follow the steps below. The circumstances of your discharge and how long you have served may determine how soon you can go back to the UK prior to the date of your discharge. You should speak with your unit/UWO as soon as possible to establish the earliest date you can leave Germany. The special procedures for discharging an F&C soldier can be found by clicking here

F&C soldiers can only be discharged in Germany with the agreement of HQ UKSC and with proof that they can legally live in Germany i.e. a German visa to reside in Germany. Soldiers wishing to return to their Country of Origin must discharge from the UK.

Single commonwealth soldiers

If you are a single soldier you could make your application whilst still in Germany (up to 10 weeks before the discharge date) and send it to UKBA. You will need to ensure that the Unit will give you a NATO travel order to get back to the UK. If you do not have a UK address to use, you will have to wait until you return to the UK to lodge your application. If you make your ILR application prior to discharge, UKBA should send you an ‘indicative letter’ to assist with making arrangements for housing and employment whilst you wait for your ILR.
If you have lived in the UK for five years (time spent on overseas assignments counts towards this) then you may wish to consider making an application for Citizenship before you are discharged. You can do this in Germany, see 'Applying for Citizenship from Germany' on the 'Citizenship and Life in UK test' page for all information. As long as the application is received by the Consulate before you are discharged you will be considered as a serving soldier even if you then discharge before you receive the decision. You will need to inform the Consulate of any change of address.
If you are single, it will not be necessary for you to wait for 12 months after getting your ILR before you are eligible to apply for Citizenship. You could apply for Citizenship immediately. This is because your exempt stamp covers the requirement to have been free from immigration time restrictions in the 12 months prior to applying for Citizenship.
Single Gurkha soldiers will be unable to make an application for Citizenship whilst still serving. You will need instead to make an application for ILR up to 10 weeks prior to discharge.

Married commonwealth soldiers

It is cheaper if you are married to wait until you are all back in the UK and then to make a joint application for ILR as you can all be included on the same form. In these circumstances it is important to speak to your Unit to negotiate a date to return to the UK. If your spouse/children have no valid visa then they will need to make an application for an LTE visa to get them back to the UK which the unit will refund, see 'We have just been posted to the UK from Germany – what visa do I need?' on the 'Assignments to UK' page. Once back in the UK, the ILR application can be made up to 10 weeks prior to discharge.
I have recently been told that some families have been applying for ILR whilst still in Germany and are using the Cotswold Centre as an address for their application. They are then requesting their passports back after 2 weeks in order to travel back to the UK when they re-send their passports back to UKBA. You should speak to your UWO about this option, you should only use the Cotswold Centre as an address if you are actually going to be staying there.
If you make your ILR application prior to discharge, UKBA should send you an ‘indicative letter’ to assist with making arrangements for housing and employment whilst you wait for your ILR.
If you have time and are eligible, you should look into the possibility of gaining Citizenship for yourself and family prior to leaving Germany. See the ‘Citizenship and Life in the UK’ section for all information. Be warned though that if you get Citizenship and your spouse doesn’t, he/she will no longer be eligible for ILR.

Married British soldiers

If you have naturalised as a British Citizen but your spouse/children have no visas, it would be advisable for your spouse to make an application for Citizenship before you leave Germany. They will need to have taken the Life in the UK test to apply and to have been married for three years. As long as the application is received by the Consulate before you leave, the application will be considered under the Crown Service rules. Please see the'Citizenshp and Life in UK test’ page for all information.
If Citizenship is not an option then your spouse/children will have to apply for a two year spouse visa to enter the UK. The unit will refund the cost. The visa is issued for 27 months but they will be able to apply for ILR 28 days before they have completed a two year qualifying period. Your spouse may also have to take an English Language test to qualify for this visa Please see the 'Assignments to UK' page for all information on how to apply.

How to make an ILR application: You will need to download the SET(O) form and guide - click here. Read the information carefully before completing the form. You don't have to complete section 9. You have the option of making an appointment at a Public Enquiry Office for a one-day service. This option is more expensive that a postal application but is obviously much quicker (a postal application can take 3 months or more). However you must have actually discharged in order to make your application at a PEO, this is because you cannot be issued ILR until your exempt stamp has been cancelled. All information can be found on the link above.

Documents required for an ILR application: As well as the documents requested in part 10A, it is also very important that you include Army Form B108C with your application. The application will not be considered without this and will be delayed considerably until it is supplied. This document has the Queens Regulation paragraph number under which you were discharged on it, UKBA need to see this in order to determine why you were discharged. Your unit will need to supply you with this form, make sure you get this prior to leaving Germany. The form can be downloaded from ArmyNet. Information about the form and why it is required can also be found by clicking here.

Unit responsibilities: Your unit should inform UKBA in advance of your discharge by completing a discharge proforma and faxing it to the Armed Forces Team at UKBA. Full details can be found in the Discharge Procedures Factsheet, you should ensure your unit has a copy of this. This should be done 10 weeks prior to the discharge date and should include names of spouses and children where appropriate. They should also give you a copy of the B108C form as described above.

Discharges following military or criminal convictions

Criminal Convictions: On 6th April 2011 UKBA added a new requirement to the existing immigration rules for applying for settlement/ILR in the UK and that is that you must not have any unspent convictions on the date of application. If you do your application must be refused. If you are unsure whether the conviction you received is ‘spent’ or not you can click here for further information. Note that conviction includes a fine. It does not include Fixed Penalty Offences. Also declare any pending proceedings. The sentence in question can be passed, or an order made, by the courts of any country, including court martial for persons subject to military discipline. Therefore convictions outside of the UK will be treated as if that conviction occurred in the UK.

AFF is working closely with Veterans Aid to establish the best way forward for soldiers who will be unable to apply for ILR on discharge due to an unspent conviction. The rules also state that a soldier can only apply for ILR up to two years post-discharge, so the new requirement would also prohibit someone from applying for ILR even once the rehabilitation period was over, if that was not till more than two years post-discharge. This rule affects soldiers more than civilians on a work permit, because soldiers are unable to apply for an extension of their current immigration status once discharged. We do not believe that it is reasonable for a soldier who may have served for many years and who may have seen a number of operational tours, to have to return to their home country particularly if the crime committed was a ‘minor offence’ such as a court imposed fine for speeding.

Following a request for clarification, UKBA have responded to say that a soldier with an unspent conviction should still apply for ILR as all circumstances will be taken into account. However, a strong case will need to be made to show good character in all other areas.

If you are due to discharge shortly and have an unspent conviction, you should contact Margaret Mervis, lawyer at Veterans Aid in the first instance on advocacy@veterans-aid.net.

Military Convictions: The issue of military convictions and how they are assessed by caseworkers has been raised at the UKBA/MOD working group. There is some concern that a higher bar is being applied to Service personnel compared to their civilian counterparts and this has certainly been the case with a couple of Citizenship applications. Whilst it is advisable to mention any military conviction that you received during your service (AFF is aware of a couple of cases where ILR has been refused because a military conviction was not disclosed), if it does not fall into one of the following categories then it is not considered to be a criminal offence with a corresponding rehabilitation period. A sentence of more than 30 months, awarded by Court Martial under section 71A(3) or (4) of the Army Act 1955 will never become spent.

A sentence of cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty’s service. Ten years

A sentence of dismissal from Her Majesty’s service. Seven years

Any sentence of detention in respect of a conviction in service disciplinary proceedings. Five years
If you experience any problems applying for ILR due to a military conviction, you should contact Margaret Mervis at Veterans Aid – see email address above.

Medical discharges

If you are being medically discharged and have not served for four years, there is detailed guidance on the UKBA website giving the circumstances under which the normal requirement to have completed four years service may be waived. Click here, then click on Section 2A – persons seeking settlement and then scroll down to page 9-13. As well as enclosing an Army Form B108C with the ILR application, you should also make a written request to your medical officer for a letter outlining the circumstances and nature of the injury or illness and submit copies of your F Med 133, 19 and or 23.

Housing options

If you are looking to move into a council house or a private rental following discharge then you should contact the Joint Services Housing Advice Office (JSHAO) as soon as possible to talk through your options. There is lots of useful information on the JSHAO website. If you have nowhere to live when you return to the UK, you may wish to consider using the Services Cotswold Centre as a temporary housing solution.

Staying at the Services Cotswold Centre on discharge: F&C soldiers who wish to stay at the Cotswold Centre throughout the discharge process need to show that they have the funds to make the necessary applications for ILR as well as the funds to pay for their stay until ILR is issued and benefits can be applied for. ILR applications currently cost £972 for the main applicant and £486 for each dependent. Accommodation charges for serving personnel are £7.25 per day. On discharge you are required to pay the local authority accommodation rate which is £125 per week.

A soldier with a spouse and 2 children may therefore be expected to show they have approximately the following funds:

ILR application for soldier and 3 dependents: £2, 430
Accommodation charge for 15 weeks (£125 pw): £1, 875
TOTAL: £4, 305

Unfortunately if you cannot prove that you have the necessary funds, you may not be eligible to stay. The Services Cotswold Centre is keen to avoid circumstances in which an F&C family is unable to apply for ILR within 28 days of discharge, then become ‘overstayers’ and have to leave the UK.

The Services Cotswold Centre has a small but dedicated team who will assist you in the transition to civilian life. They will assist with ILR applications and with applications for relevant benefits. They are also able to offer advice to families applying for social housing.

The Services Cotswold Centre has a limited number of properties which are in great demand, they are primarily a transit facility for serving personnel and their families which may on occasions mean they are unable to accommodate personnel who leave the service.