ILR and Visa extensions in UK

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How do I extend my visa?

If your soldier spouse is not a British Citizen and he has not completed five years in the Army, then you will most likely need to complete form FLR (O). This visa will usually be valid for four years. Click here for the forms and information. You will need a letter from your sponsoring soldier’s unit to confirm the date they enlisted and their expected final date of service with HM Forces. For a template letter, which the UWO can use, click here. Once the soldier has completed five years service and you have been married for two years, and as long as he/she is still a commonwealth soldier (i.e Not a British Citizen), you should be eligible to apply for ILR using form SET(O).

If your soldier spouse is or has naturalised as a British Citizen and you still have the visa that you were issued BEFORE they became a British Citizen you will need to complete form FLR (M), click here for more information. You may also have to take an English Language test before you can apply for this visa, see section below. The FLR(M) visa will give you two years leave to remain as the spouse of a British Citizen, 28 days before it is due to expire you are able to apply for ILR.

IMPORTANT: It is not currently possible to apply for ILR if your soldier spouse is a British Citizen unless you have first spent two years on this ‘probationary spouse’ visa, regardless of how long you have already been in the UK. AFF is working on a resolution to this issue as we think it is unfair for a spouse to have to pay for a new visa and wait for two years just to pass a ‘probationary’ period which they have already completed on a dependant's visa.

Compulsory English Language test* for spouses of British Citizens

From 29 November 2010, any non-European migrant who wants to remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand basic English at A1 level. So if your soldier spouse has naturalised as a British Citizen and you now need to apply for the FLR(M) visa, you may be required to take a test before you can apply.

How do I find out if I need to take the test? All information on the test and who needs to take it can be found by clicking here. Some majority English speaking countries are exempt from taking the test* , as are those who can already show that they have taken an approved test and those who have a recognised degree level qualification taught in English.

*An applicant is deemed to meet the language requirement if they are a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America.

Do I have to take a course? This will depend on your current level of English. To meet the requirements you only need to pass the test at basic/entry level (A1), though it doesn’t matter if you take a higher level test. If you need to take a course in English, you can contact your local College of Further Education or your local Army Education Centre (AEC).

Where can I take the test in the UK? From 18 July 2011 a new list of English Language tests is to be used, further amended on 4th October. Only tests on the new list can be used to demonstrate your English language ability. Click on the link above for a list of approved tests.

The main providers and tests are:

Cambridge ESOL cambridgeesol-centres.org/centres/index.do
All exams accepted. Skills for Life is level A1, KET (Key English Test) is level A2. Exam centres are nationwide, use the search facility above and look for ‘open centres’ in your area.
TOEIC www.uk.toeic.eu
Level A1-C1. Click on the above link to search for a local centre to you. You will need to take both the Listening and Reading and the Speaking and Writing tests.
TOEFL www.ets.org/toefl
Level B1-C1. You may have to phone them to find out where the UK based exams are held as I couldn’t find this information on their website.
Pearson PTE Academic www.pearsonpte.com/testme
Level A1-C2. £130. Click on link above for more information, click on ‘test dates’ on right hand side to select a ‘Pearson Professional Centre’ near you and to find out the dates of the next course.
Trinity College ESOL Skills for Life www.trinitycollege.co.uk
Level A1-C1. Click on link above for information about the tests. You will have to phone them to find out where the nearest test centres to you are. A spouse successfully took the GESE grade 2 pass in speaking and listening with Trinity Collge recently. It was a six minute interview and was apparently very simple. The exam was taken at the Berdale Centre in Sheffield and was £75.

When can I apply for Indefinite Leave to Remain (ILR)?

Spouse of a British Citizen: ILR or settlement can be applied for up to 28 days before your two-year probationary spouse visa (FLR (M)) expires. Use form SET (M) to apply for settlement, click here for details. You need to have taken your Life in the UK test (or relevant ESOL qualification) in order to apply.

* It is important to understand that you need to have been issued either an FLR(M) visa (above) or a two year settlement visa on entry to the UK, in order to progress to applying for ILR. If you have been living in the UK on a dependant's visa and your soldier spouse then becomes a British Citizen, you still need to change your visa to an FLR (M) regardless of how long you have been married and in the UK.

Spouse of a commonwealth soldier: If your soldier spouse has not gained Citizenship, then you are able to apply for settlement after he/she has served five years in the Army, as long as you have been married for two years. You do not have to wait for your current visa to expire but you need to have a ‘dependants visa’. If you have a student visa or a work permit then you will not meet the requirements of the immigration rules and your application is likely to be refused. Until this point can be clarified with the Home Office, you will have to apply for further leave to remain first using form FLR(O), see 'How do I extend my visa'.

How do I apply? Applications can be made using the form SET(O) which can be found by clicking here. You can include any children aged under 18 on this form if they are applying as your dependants.

You need to tick the box marked ‘other’ in Section 3 and write in the box below that you are applying under the ‘amendments to paragraphs 276R-276W and 276C-276AC which enable HM Forces dependants to apply for indefinite leave once the serving HM forces member has completed 5 yrs continuous service’.

Update 14 May - You will need to provide proof that the soldier has served for five years, HQ Land have suggested that a JPA printout will be adequate evidence of this. You should also provide financial details (e.g bank statements and payslips for the past 3-4 months) and evidence of your accommodation, e.g. letter from DIO Ops Accommodation. You do not need to complete section 9 of the form..

Do I need to take the Life in the UK test? No you don’t need to take the test in order to apply under this category of the immigration rules. The SET(O) form does not specifically state this but the requirement to have taken the test is not on the list of requirements in paragraph 276U of the immigration rules, which is the paragraph you will be applying under. However, you will still need to take the test in order to apply for Citizenship.

Applying at a Public Enquiry Office: If you would like a one-day service you could try making an application at a PEO, for all information click here. This is a more expensive (£1,350 instead of £972 for a single applicant) but obviously a quicker route. However there are no guarantees that the staff at the PEO will agree to issue you your ILR even if you are eligible. This is because you are applying under a unique immigration rule which not every caseworker will have come across, so they may say you have to make a postal application instead. If this is the case then they will not charge you on the day. If you wish to try to make an application at a PEO, it is recommended that you take the relevant immigration rules with you, click here. A spouse who was recently granted ILR at a PEO tells of her experience, click here.

Over 18’s settlement applications: Settlement applications from dependants over the age of 18 who are the children of serving foreign and Commonwealth HM Forces members (including Gurkhas), should normally be approved. The main criteria are that the dependant has previously been granted limited leave to enter or remain in the UK as part of the family unit and that they wish to continue to reside and be educated (full-time) in the UK.

Family members of soldiers who have naturalized whilst serving: Unfortunately the change in settlement rules does not apply to those family members of soldiers who have already gained naturalization (British Citizenship) whilst serving. Those family members need to apply for Further Leave to Remain using form FLR(M) and would then need to wait for two years before they are able then to apply for settlement. All information can be found in the section 'How do I extend my visa?' It is therefore important that serving Foreign and Commonwealth soldiers who wish their family members to benefit from the changes above, DO NOT acquire British Citizenship before their family members have applied for settlement.

Wrong information from the Immigration Enquiry Bureau: The IEB regularly give out wrong information to spouses and soldiers. Many of the advisors do not realise that you cannot apply for ILR if the soldier is a British Citizen. Families who have taken the advice of the IEB have had their applications refused and have ended up on ‘discretionary leave’ visas because of this confusion.

Other changes: Unmarried and same-sex partners of armed forces members who are exempt from immigration control are now able to apply for limited leave to enter or remain. Previously this only applied to spouses or civil partners. The changes include the requirement for the relationship to be of at least two years duration at the time of the application.

Biometric Residence permits

The following was taken from the UKBA website:

From Wednesday 29 February, all applicants in the UK will need to obtain a biometric residence permit if they are applying to stay here for more than six months. This includes applicants for permission to settle here (known as 'indefinite leave to remain').

To obtain a permit, applicants will need to enrol their biometric information (fingerprints and facial image). If you make your application to extend your stay in the UK by post, we will send you a letter after we have received your application. You should then enrol your biometric information at one of 17 Crown post offices across the UK, or at one of our biometric enrolment centres. You will be given 15 days from the date on the letter to make your appointment. Once you have had your biometrics taken, the computer system will be updated and your application can be sent to a case worker to be processed.

If you make your application in person at one of our public enquiry offices or using our super premium service, you will enrol your biometric information on the same day.

All information about the biometric enrolment process can be found on this UKBA web page.

If you are applying in the UK on or after this date (whether applying by post, in person or online), you should use the correct application form. Please pay careful attention to the date shown on the cover of the application form.

What effect will this have on your applications?

The most likely outcome is that there will be further delays to the time it takes to process an application. It is already taking an extra two months to process an application because of a backlog. The requirement to have to get biometrics taken will add a minimum of two weeks to this process. You should bear this in mind when applying for a new visa, it is not advisable to book flights or other travel outside the UK until you have your passport back.

Visa extensions for potential recruits

A potential recruit or applicant progressing through the system should ensure that their recruiting officer is aware of any visa issues. There are a number of circumstances in which the Army will provide supporting documentation for applications to extend visas, but this will be decided by the recruiting officer and will depend on the individual situation.

This is not something that AFF can assist with.

The following information was taken from the Recruiting Group Instructions.

Where visas are required for entry into the UK, applicants should be advised that they must have a minimum of four months remaining on their visa at the start of the selection process in the UK. Those who have 2 months or less remaining must provide evidence that an application to extend is with UKBA. Those who do not require a visa from their country of origin will still require an immigration entry stamp from a UK airport/seaport etc. These are valid for a period of 6 months and candidates must apply for a visa through UKBA if they wish to remain in the UK after the 6 month period. All applicants must be advised that they remain responsible for the validity of their own visa until the day of enlistment and comply with the requirements of their visa type.

To apply for a visa extension you will need to complete form FLR(O) which can be downloaded here. As well as supporting documentation from your recruiting officer (if you meet the criteria), you will also need evidence from the person who is sponsoring you that they are willing to continue to sponsor you until such time as you enlist. They will need to write a letter and should send details of their finances and evidence that they have sole occupancy of their home and that you are able to stay there.

If you have not been given supporting documentation for your visa application then it is unlikely that your application for a visa extension will be successful. In these circumstances you may have to return home and make another visit visa application to return to the UK.