Latest News

You are here: Home > Army Family Life > Foreign & Commonwealth > Latest News

11 May - The Life in the UK test is now available in Germany
20 Apr - Changes to UK visa service in Fiji
20 Apr - Visa price increases
28 Feb - Two month backlog in processing applications at UKBA
28 Feb - Biometric residence permit required for all FLR(O), SET(O) & SET(M) applications from 29 Feb
28 Feb - FLR(M) update
28 Feb - Booking the Life in the UK test from overseas
16 Feb - Spouse applications for Citizenship whilst on an overseas assignment
16 Feb - Applications for Indefinite Leave to Enter (ILE) in Germany
16 Feb - Passports for children born during an overseas assignment
16 Feb - Applications for Citizenship for children born before 13th January 2010
13 Jan - Changes to the appeals process
13 Jan - Complaints to UKBA
09 Dec - The Zambrano judgement – the right to reside in UK for parents of British Citizen children
09 Dec - UKBA consultation paper: Family Migration
09 Dec - Changes to ESOL (English for Speakers of Other Languages) funding
Fiji Passport Renewal Update

The Life in the UK test is now available in Germany

The test is a requirement for any soldier or spouse wishing to apply for Citizenship.

The KOL test is not easy – pre study is vital. It is recommended that you read the official study guide, copies are available at the AECs or you can buy a copy from the TSO SHOP. Free sample tests can be taken online here: www.ukcitizenshiptest.co.uk

Registrations are completed online including the test payment fee, currently £50.00. Ensure all details are correct. Click here to go to the booking form
All applicants must register on line a minimum of 7 days before the test date
Proof of ID will be required for all persons booked to sit a test and it must be the same ID document used for the online registration
Persons are required to attend the test centre 30 minutes before the test start time to complete the registration process
Failure to attend means another fee payment
Resits will incur an additional £50.00 fee for each test

Hohne:

Test dates are the 3rd Monday of every month
42 AEC staff contact details: 94877 2505 (0049 5051 962 2505). The staff are fully trained and welcome calls about the registration process and pre- study etc. They cannot assist with queries about test questions
ESOL courses (to improve your level of English) are run by Fallingbostel AEC.

Gutersloh:

Tests dates are 3rd Tuesday and first Friday of every month.
51 AEC contact tel Mil:73 3413 Civ: 05241 843413
Preparation Course – Run in the AEC, free to soldiers, 60Euros for dependants. Full –time for one week (0930-1700 Mon-Fri).
ESOL entry level 3 courses also available, full-time, 2 weeks. Free to soldiers, 120Euros for dependants.

Remember that the Life in UK test pass certificate is only one of the requirements for applying for British Citizenship. For more information about making an application for Citizenship click here.

**The Life in UK test is not the same as the English Language test required for spouses of British Citizens who need a ‘settlement visa’ to enter the UK. For further information on this click here.

Changes to UK visa service in Fiji

Click here for information about making an application for UK from Fiji.

Visa price increases

On 6th April, the visa prices increased yet again. Please click here for the current list of prices.

Two month backlog in processing applications at UKBA

It is currently taking an extra two months for applications to be inputted on to the computer system at UKBA. Your application is received at Durham where the payment is taken, a letter of acknowledgement is then generated and sent to you. Your application is then sent to Sheffield to be entered on to the system before being sent to a caseworking team. Because applications are not being entered onto the system it is not possible to even check on progress as there is no record of the application until it is entered.

You are advised NOT to book flights or make other travel arrangements outside the UK until your passport has been returned.

If there are compassionate circumstances (e.g death of a family member) you may be able to request for your application to be expedited. Speak to your UWO in the first instance if this applies.

Biometric residence permit required for all FLR(O), SET(O) & SET(M) applications from 29 Feb

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 enrollment 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 minimimum 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.

FLR(M) update

In November last year, I was informed by HQ Land Forces that UKBA had agreed that the ‘FLR(M) requirement’ was unfair for spouses of soldiers who had naturalised as British Citizens whilst serving. I was told that they were going to add this to their agenda for their pay review meeting in December. This was also promised in a letter dated 24th February from Philip Duffy, the acting head of the Policy and Strategy Group within UKBA:

‘the UK Border Agency takes very seriously its commitments under the 2009 Service Personnel Command paper. We therefore recognise that there is a case for a more wide ranging review of the fees for Armed Forces’ dependents that would seek to address a number of anomalies and inconsistencies. We would intend to do this as part of our annual fee review due to take place in late 2011’.

I have contacted HQ Land Forces twice since Christmas asking for an update on this issue, but have not received any information as to whether this issue was raised at the meeting or not. I have also raised the issue with an MP who is involved in trying to assist two families who have been badly affected by the FLR(M) requirement.

I will keep pushing for a resolution to this issue. In the meantime, if your dependants visa is due to expire in the next few months you will need to apply for the FLR(M) visa. Remember that you may have to take an English Language test before you are able to apply, so give yourself plenty of time to do this first. Click here for all information on applying.

Booking the Life in the UK test from overseas

On 18th July the booking system for the Life in the UK test changed and it is now necessary to make an online booking for this test. However the booking form does not recognise BFPO addresses (or overseas addresses). You can use an address in the UK but only if you are able to produce an official letter with the address on for proof of residence. The advice for service personnel overseas is that they make a request in the 'special requirement' box of the online form, confirming that they haven't got a UK postcode because they are an Armed Forces family applying from an assignment overseas. The UK Test Line contractor should then contact you to explain what can be done. A spouse living in Belgium recently followed these instructions and managed to successfully take the test in UK. It is not advisable to go to UK to take the test unless you have some confirmation that you will be able to do this. A spouse recently travelled to the UK just to take the test, she had entered the postcode of the friend she was staying with to make the on-line booking but was turned away at the test centre because she could provide no proof that she had a residence in the UK.

Spouse applications for Citizenship whilst on an overseas assignment

We are still waiting for clarification from UKBA as to whether it is possible for a spouse with ILR or ILE to apply for Citizenship whilst on an overseas assignment. We have now had two conflicting responses from UKBA, one saying that spouses can count ALL time outside the UK towards their residency and the other saying that if a spouse has spent more than 90 days outside the UK in the final 12 months then they will not be eligible to apply. AFF is working on a resolution to this issue. Until this is resolved it is also not possible to make joint applications for Citizenship. The only route available is to make a Crown Service application once the soldier is a British Citizen. For further information about this go to either the F&C Germany or F&C Cyprus pages and click on 'Citizenship and Life in the UK'.

Applications for Indefinite Leave to Enter (ILE) in Germany

AFF has come across a number of recent cases where an ILE application has been made but ILE has not been issued or an expiry date has been given which does not match up with the date on your passport. If your soldier has completed five years service, is not a British Citizen and you have been married for two years then you should be eligible for ILE in accordance with the revisions to the immigration rules made in September 2010. It appears that this has been occurring since processing of visa applications moved to UK last summer and is believed to be a result of caseworkers not being aware of the rules. The AFF F&C Specialist is trying to resolve this issue.

Passports for children born during an overseas assignment

HQ BFG recently issued the following notice, click here. Further information about applying for a passport for your child born on an overseas assignment can be found below:

Passport applications from country of origin: you should contact your local embassy as soon as possible to find out what the requirements are for getting a passport. A simple ‘google’ search will help you find your nearest embassy. Some countries will require you to register the child first even if you already have a British birth certificate, others may require you to return to your country of origin in order to apply.

Applying for British Citizenship: all children born during an overseas assignment to non-British parents are eligible to be registered as a British Citizen. They are not born British (unless one of the parents is a British Citizen) so it is necessary to register them first. This process usually takes around 4 months and requires an application and a fee of £540 to be sent to UKBA via the Consulate or High Commission.

All information on how to make such an application and the documents that need to be sent can be found under the Citizenship and Life in UK test headings on the Germany or Cyprus webpages. Once a certificate of Citizenship has been received, a passport can be applied for in the usual manner.

** It is important that you are aware of the implications of applying for British Citizenship if your country of origin does not recognise dual nationality. The child may then require a visa to enter your country of origin.

Applications for Citizenship for children born before 13th January 2010

A number of spouses recently contacted me saying that UKBA had told them they could not apply for citizenship for a child born during an overseas assignment prior to 13th January 2010. Current UKBA guidance only refers to children born on or after this date. After raising this with HQ Land Forces, UKBA have now issued a notice to all caseworkers and advisers advising them that such applications should be considered. All information can be found on our website, click here.

Changes to the appeals process

The following information was taken from the UKBA website:

New charges for appealing:

From 19th December 2011, the UK government is introducing new fees for some asylum and immigration appeals. This new policy reflects the government's view that users of the appeals system, who can afford to pay, should contribute to the system's cost. Whilst there are some exemptions to the fee charges, it will apply to those outside the UK who wish to appeal a refusal for a settlement visa or a visit visa. Fees of £80 for a paper consideration and £140 for an oral hearing will be applied to appeals against decisions taken on or after 19 December 2011. For more information about the exemptions, click on the Ministry of Justice website and then click on ‘Immigration and Appeals Tribunals fees guidance’

A new online payment facility will be available shortly. This will allow applicants to make an appeal and payment online for decisions dated from 19 December 2011. Appellants must be able to pay using a MasterCard or a Visa credit or debit card or be submitting an appeal which does not require a fee to be paid. Appellants can ask another person to pay the fee on their behalf using their payment card details, with their permission.

New way of submitting appeals:

Applicants who appeal decisions dated 19 December 2011 or later from outside the UK will now be required to submit their appeals directly to the First-tier Tribunal (Immigration and Asylum Chamber) in Leicester and will no longer be able to send them to the visa application centre overseas that made the initial decision. For more information about this process please see the Ministry of Justice website.

Complaints to UKBA

UKBA have a procedure for complaining which can lead to positive results. If you have received wrong information from the Immigration Enquiry Bureau (IEB) or believe you have been wrongly refused a visa you should send an email to the following address giving all details UKBACustomerComplaints@homeoffice.gsi.gov.uk. More information can be found on the UKBA website, click on ‘About us’ on the home page, then ‘Contact’ then ‘Making a complaint’. You then need to select the option ‘I am unhappy about the standard of service received from UKBA’. UKBA are obliged to respond within 20 working days. A soldier who complained following wrong advice given by IEB had his wife’s visa refusal overturned.

The Zambrano judgement – the right to reside in UK for parents of British Citizen children

In September this year, the European Court of Justice handed down a judgement in the case of Ruis Zambrano. The judgement creates a right to reside and work for the sole carer of a dependent British citizen when that carer has no other right of residence in the UK and removing the carer from the UK would mean the British citizen would have to leave the European Union.

Who can this judgement help?

This ruling gives an automatic right to remain here for divorced/separated spouses who have British Citizen children. It will also mean that soldiers who discharge before they have served for four years or who are unable to apply for ILR on discharge because they have an outstanding criminal conviction, will also be able to remain under this ruling if they have British Citizen children. This is a significant development, however at the moment there is limited information about the wider implications of this ruling. It is currently unclear, for example, whether you would be entitled to apply for benefits. This website will be updated as soon as we have further information about this.

How to apply

The advice from the UKBA website is as follows:

Applicants wishing to apply to the UK Border Agency in accordance with the Ruiz Zambrano judgment may do so, free of charge, by completing an EEA2 application form (click here for a link to the form) and forwarding this to the address included on the form along with a covering letter explaining the reasons for the application. We will amend the regulations in due course to enable a person to be issued with a document confirming that they have a right to live in the UK as a result of the Ruiz Zambrano judgement. However, in the meantime, we will issue a certificate of application to those who are able to show:

evidence that the dependent national is a British citizen;
evidence of the relationship between the applicant and the British citizen; and
adequate evidence of dependency between the applicant and the British citizen.

This certificate will enable a person to work in the UK while their application is outstanding. Once changes to the regulations are made, the application will be given full consideration and documentation will be issued under the regulations to those who meet the final agreed policy.

UKBA consultation paper: Family Migration

Between July and October 2011 UKBA held a consultation on government proposals to change the family route, i.e. those entering or remaining in the UK on the basis of a relationship with a British Citizen or a person settled here. Since April 2011, spouses of commonwealth soldiers also enter the UK on this route. Some of the proposals are as follows:

to define more clearly what constitutes a genuine and continuing relationship, marriage or partnership for the purposes of the Immigration Rules
to introduce a new minimum income threshold for sponsors of spouses and partners, to bring greater clarity to maintenance requirements
to extend the probationary period before spouses and partners can apply for settlement from 2 years to 5 years
to end immediate settlement (indefinite leave to enter) for spouses and partners who have been married or in a relationship for at least 4 years before entering the UK
to require spouses and partners applying for settlement to be able to demonstrate that they can understand everyday English (B1 level)

What does this mean for spouses of British soldiers?

This would effect greatly those spouses whose soldiers become British Citizens whilst they are still on their dependent visas. Under current rules they have to switch into a different immigration category and then wait for two years before being eligible for ILR –their time spent in the UK on the dependent visa does not count towards this. Under the proposed rule this would be five years.

It would also effect those on an overseas assignment in a similar way - if the soldier becomes a British Citizen the spouse would have to apply for a ‘settlement visa’ and would have to wait five years before being eligible for ILR regardless of how long she/he spent overseas.

Spouses would also have to pass an English Language test at a level higher than that currently required.

What does this mean for spouses of F&C soldiers?

It is currently unclear how these proposals affect spouses of commonwealth soldiers. Whilst a spouse of a commonwealth soldier comes into the UK using the family route, they are not treated in the same way as those married to British Citizens. Instead they are able to apply for IRL as soon as the soldier has completed five years service, and as long as they have been married for two years. The amount of time they have spent in the UK is not a factor.

The MOD has raised its concerns about how the proposals would effect spouses of F&C soldiers, but there has been no feedback to date.

What is clear however, is that UKBA are going to be looking closely at how to assess that a couple have a ‘subsisting relationship.’ This already creates problems for lots of soldiers trying to get their families into the UK after their period of training. Many applications are refused because they don’t provide enough evidence to prove the ongoing relationship. If UKBA decide to make these requirements even stricter, it is likely to add to the number of applications going to appeal.

Changes to ESOL (English for Speakers of Other Languages) funding

Changes to ESOL (English for Speakers of Other Languages) funding In August this year, the government announced changes to how it funds ESOL courses. NIACE (National Institute of Adult Continuing Education) has written a report looking at the impact of these changes to ESOL learners. In the last academic year, some 187,000 adult learners in England attended ESOL courses funded through the Skills Funding Agency in Further Education colleges, local authority provision and the voluntary sector. The fee contributions charged for courses were set by individual providers. There were, however, national regulations granting full fee remission for learners on low incomes, which meant that many providers chose not to charge. Changes to the funding policy means that:

providers will no longer have any additional financial incentive to ensure that ESOL courses run;
there is a risk that reduced demand will impact on the viability of class size even if some learners are able and willing to pay;
Whilst state benefit claimants will still be eligible for full funding, this does not apply to those in receipt of working tax credit – the only benefit that a spouse on a residence permit is entitled to.

NIACE reports that such significant cuts to ESOL provision will mean many adults remain dependent on others to interpret for them in order to access public services. Leaving aside the costs of ensuring translation and interpretation in the health and criminal justice services, women in particular may rely more on their own community, who speak their own language, and be unable to form wider friendships and networks. Children too may be withdrawn from school to act as interpreter for their parents.

Click here to read the full report.

Fiji Passport Renewal Update

Despite announcing that a fresh batch of Fiji passports has now arrived in Fiji and that new Fiji passports are now being issued. The Fiji Immigration Department (FID) have now confirmed that these are again in short supply and that they may not be able to get a supply of new Fiji passports from their suppliers until Jan 2012. In the meantime Fiji citizens in Fiji or abroad can either submit their passports to FID for the necessary two (2) years extension apply for Certificates of Identity from any immigration office or Foreign Mission or apply for the newly introduced Fiji Emergency Passport. The cost of getting a passport extended is $55.00, a Certificate of Identity costs $140.00 and the Emergency Passport costs $190.00. Individuals requiring further information should contact the Fiji Immigration Department in Fiji or the Fiji High Commission in London.