Latest News

 New immigration fees from 6th April 2010

Click here for more information

Information for those living in Germany - now online. 

Please click here for information about issues specifically affecting F&C families in Germany 

Do you believe you have been given wrong information by the Immigration Enquiry Bureau?

You are not alone. In order to get an improved service for Armed Forces families, it is important that you complain. The more people who complain the better the chance that something will be done about the situation. To make a complaint, firstly note the date of the call and the name of the person to whom you spoke, click here and send the complaint form to the London Region contact centre.

Much of the following information was taken from the Army’s ‘Guide for Foreign and Commonwealth Citizens and their Families.’ This guide is essential reading for any F&C soldier or family. Click here to download the guide or ask your UWO for a copy.

For those living overseas:  the following information is UK-centric. For detailed information about issues specifically affecting F&C families in Germany, please click here.
 

Checklist for this page

Changes to settlement policy for family members of soldiers with Exempt Armed Forces visas.
Service Personnel Command Paper – update.
Which visa do I need to complete to join my soldier spouse in the UK?
Have you been issued with a visa which doesn’t allow you to work?
What documents do I need to support my application?
Marriage visa age raised from 18-21.
I am in the UK and I want to get married to a soldier.
How do I extend my visa?
When can I apply for Indefinite Leave to Remain (ILR)?
Gaining Citizenship.
Naturalising as a British Citizen in the future: Earned Citizenship.
What benefits can I claim?
How do I get a National Insurance Number?
Access to Higher Education (and NHS Bursaries) at home fees rates.
I currently live in the UK but I want to visit Europe on holiday.
MHS Gurkha Translation Service.
Visitors to Services Families Accommodation.
Further sources of information. 

Changes to settlement policy for family members of soldiers with Exempt Armed Forces visas.

As a result of MOD/Home Office cooperation on the Service Personnel Command paper, since 31st March 2009 a spouse, civil partner, unmarried or same sex partner and children of a service person with Exempt Immigration Control, may now seek settlement (Indefinite Leave to Remain or Indefinite Leave to Enter) in the UK. The main criteria that need to be met include the requirement for the service person to have completed at least 5 years service and for the relationship to have existed for a minimum of 2 years.  For more information click on the following link, then click on Section 2A and scroll down to chapter 12:  http://www.ukba.homeoffice.gov.uk/sitecontent/
documents/policyandlaw/IDIs/idischapter15/

It is not possible at to apply for settlement under these new rules if you are currently living in Germany.  We are aware of at least one spouse who has tried to do this and has had her application rejected.  Whilst the possibility of appealing the decision is being looked into, it could be months before a decision is reached.

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 dependents.

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’.  At present the SET(O) form has not been amended to reflect the new changes and it is not known whether UKBA intend to amend it or not.  It is therefore quite difficult to know what documents you are supposed to provide with the application as the category you are applying under is not listed.  The Immigration Enquiry Bureau have stated that the most important items to provide (other than those listed in part 9A of the form) is evidence of cohabitation for 2 years.  It is therefore suggested that you read the information on ‘evidence of cohabitation’ at the bottom of page 13 and page 14 of the SET(M) form, click here.  A letter from the unit confirming the sponsoring soldiers details (specifically length of service) will also be required. 

'Life in the UK' test - There is currently some confusion over whether it will be necessary to take the 'Life in the UK' test when applying for settlement under these terms.  If you are wishing to apply as soon as possible, then I would recommend that you take the test anyway in order to ensure your application is not refused.  As soon as this issue has been clarified we will let you know.

Over 18’s settlement applications: A more recent change (June 09) states that 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) which can be found by clicking here and would then need to wait for 2 years before they are able then to apply for settlement.

Wrong information from the Immigration Enquiry Bureau:  A F&C spouse recently phoned the IEB and was told that she was able to apply for ILR under the new rules despite the fact that her husband is a British Citizen.   She phoned and spoke to at least 4 different advisors who all told her the same thing.  I also spoke to them and got the same information.  THIS IS WRONG.  If you have been told the same information by the IEB or you are still being told that no such policy exists, you should note the date and name of the person you spoke to and you should either complete a complaint form (as detailed in Latest News above) or email me to let me know.  

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.

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 2 years duration at the time of the application.

Service Personnel Command Paper – update.

1.   Allowing children born outside the UK to F&C Service personnel on operations or postings overseas to acquire British citizenship: this legislation came into force on 13 January 2010. Click here for more information.

2.   Allowing F&C Service personnel on operations or postings outside the UK at the start of the residential qualifying period for naturalization to count the first day as though they had been in the UK at that time; this legislation has been passed but will not come into force until July 2011.

3.   Making arrangements for taking the Life in the UK test overseas for those on overseas assignments: work is progressing with UK Border Agency (UKBA) to enable access to the online test through Education Centres at key overseas postings. It is hoped this will be implemented sometime within the next few months. Any updates will be posted on the Germany F&C page.

Which visa do I need to complete to join my soldier spouse in the UK?

There are many individual circumstances where the following may not apply. If you wish to seek advice you can contact your nearest Visa Application Centre, click here for details.

• Firstly, you need to visit the UK Border Agency Visa Services website. Using the simple questionnaire at the bottom of the page, you will be able to find out if you need a visa, whether you can apply online, or if you need to download a visa application form to fill out.
• To find out what the requirements are, firstly need to go to the Visa Application Centre (VAC) website of the country in which you live.  For an alphabetical list, click here.
• Once you have found the relevant Centre, check whether they accept online or paper-based applications. Many VACs only accept online applications. To make an online application, visit www.ukvisas.gov.uk/en/applyonline/. Have your email address and passport information to hand. You can save the form at any time.
• If your soldier spouse is not a British Citizen, you will then be asked for your visa requirements. After you have entered your nationality and your current location, state your ‘Purpose of Application’ - select ‘employment (non-points based)’, from the drop down menu and then select ‘dependants more than six months’ from the Type of Application drop down menu.
• If you have to, or prefer to complete a paper application, then click here to download the form VAF2 . On the front page, there is a question ‘What is the main purpose of your visit to the UK?’ - in the box below, applicants should write 'Exempt Armed Forces Dependant'. Then complete sections 1 - 7, and 8.12 onwards. For information about what documents you need to supply, scroll down to the next heading.
• If your soldier spouse is a British Citizen, you will be asked for your ‘purpose of application’, select ‘settlement’ from the drop down menu and then select the relevant option (husband, wife, child) from the ‘Type of Application’ drop down menu.
• If you have to, or prefer to complete a paper application, then click here to download the form VAF4A - settlement visa. For information about what documents to supply, scroll down to the next heading.
• The settlement visa will give you two years leave to enter the UK; 28 days before this visa expires you should be eligible to apply for Indefinite Leave to Remain, click here for more information. If you have already been married for four years and you have taken the Life in the UK test, you could be eligible for Indefinite Leave to Enter.

* It is important to remember that it is not usually possible to enter the UK on a visitor’s visa and then switch to a ‘marriage visa’ if the serving soldier is a British Citizen. There have been a number of cases of spouses entering the UK from Germany/Cyprus or their Countries of Origin without the appropriate visa. They have had to return before their visitor’s visa expired, in order to get the correct visa issued.

Have you been issued with a visa which doesn’t allow you to work?

All spouses who have an ‘exempt armed forces dependents visa’ are entitled to work in the UK.  Some Visa Application Centres have been known to issue ‘no work’ visas, this is incorrect.  

We have received advice which states that if you have received an incorrect visa, to send your passport into the address below with a covering note explaining the situation.

Armed Forces Team
ICC2
7th Floor
Lunar House
40 Wellesley Road
Croydon
CR9 2BY

The passport will then be sent to the relevant department to get the visa changed. However, be warned that it can take a few months before the correction is made due to limited staff.

What documents do I need to support my visa application?

The supporting documents that you provide are more important than the application form as they give evidence of what you have written on the form. The individuals assessing your application will base their decision upon these documents. Therefore, it is very important that you provide as much evidence as you can of your personal circumstances. There will be a list of required supporting documents on your visa application form, or on a page of the online application. For more guidance, click here

• A letter from the sponsor (the soldier) confirming his or her occupation and salary, and how they will provide support and accommodation for the applicant and any accompanying children.
• Evidence that the sponsor is in the UK, such as copy of the biodata page (photo) of their passport and their Exempt UK Immigration Control Stamp.
• Sponsor’s recent pay slips and bank statements (six months worth) or savings books to show what financial support is available and how travel to the UK will be paid for. This is very important; the application could be rejected if the sponsor does not prove that he can support his family.
• Evidence of accommodation, such as a rental agreement, and evidence that applicant's dependants can stay in this accommodation if it is rented, or provided by the local authority.
• Evidence that the sponsor and applicant are related; supported by original birth/marriage/civil partnership certificates plus emails, photographs, letters, phone bills, birthday cards, money transfer invoices if appropriate.

The sponsoring soldier should also get a supporting letter from his unit to confirm his details. Please email me if you require a template letter.

If for Service reasons, for instance an imminent deployment, it is not possible to submit a soldier’s original passport along with the Exempt Immigration Control UK Visa stamp as part of the application, units are to provide an explanatory letter to the soldier sponsor for inclusion with the application. A Commanding Officer’s signature will normally be acceptable for copies of foreign passports.

Marriage visa age raised from 18-21

The age at which someone can apply for or sponsor a marriage/fiancé (e) visa has increased from 18 to 21, as part of the steps to strengthen the safeguards against forced marriage. These changes to immigration rules came into effect in December 2008. This requirement will also apply to all partners of British Citizens.

The MOD has recognised that this ruling affects many military personnel wishing to bring spouses who are under 21 into the UK and have tried to get an exemption for the military. To date, the Home Office is not willing to make this exemption. If you or your spouse is under 21, then they would need to look at other ways of entering the UK, such as on a student or working visa. Click here for more information. However, if there are exceptional circumstances, for example the soldier is due to go on operational tour, then UKBA is considering these applications on a case by case basis and have already granted ‘leave to remain’ to a number of under 21 spouses.

If you are due to be posted to Germany, the same rules apply.  Your spouse would not be issued with a SOFA stamp or be able to live in SFA if either the sponsor or the spouse was under 21.

I am in the UK and I want to get married to a soldier.

If you wish to get married whilst in the UK, you will usually need to have a visa that is valid for more than six months and has three months remaining on it. If you are planning to come to the UK to get married or register a civil partnership with someone who is already settled or settling here, and you want to stay in the country afterwards, you will need entry clearance (permission to enter) as a fiancé(e) or proposed civil partner. Both you and your partner must be aged 21 or over. For all information, click here. If you are subject to immigration control, you may need a Certificate of Approval in order to get married in the UK. Click here for the form and guide.

Once you are married, you should then be able to apply for an extension to your visa. See ‘How do I extend my visa’? below.

I have an Exempt Armed Forces Dependant's visa, which is due to run out, how do I extend it?

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, please email me.

If your soldier spouse is now a British Citizen, you will need to complete form FLR (M), click here for more information. You now also need an identity card when completing form FLR (M) so you will need to visit one of the seven Enrolment Centres in the UK for your photograph to be taken and fingerprints to be scanned. Click here for more information.  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 (see below).

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. You will apply using form SET (O), see ‘Changes to settlement policy for family members of soldiers with Exempt Armed Forces visas.’ on this page for more information.

Gaining Citizenship

Soldiers: Under current rules, the serving soldier can apply for citizenship after he or she has completed 5 years in the UK (time spent serving abroad also counts). There are a number of other requirements that must be met in order to qualify so it is important that you read all the information first. Currently you must have actually been in the UK on the date 5 years before your application date, this is due to change through the Government's commitment to the Service Command Paper so that if you were serving overseas on this date it will still count.  Click here for the forms and guide to applying. 

Gurkha Soldiers: Gurkhas are not included in the above policy as they remain Nepalese citizens whilst serving with the Brigade.  Gurkhas seeking British Citizenship may do so either by transferring to the wider Army after 5 years service, or after discharge by initially applying for settlement and then naturalisation.

WARNING! If the serving soldier becomes a British Citizen it is usually necessary for the spouse to change his/her visa, even if it is still current. You are expected to change your visa to a ‘married to a British Citizen’ visa (FLR(M)) (see the heading ‘How do I extend my visa?' above), failure to do this could result in you being in breach of immigration law. You will then have to remain on this visa for 2 years before being able to apply for settlement and then citizenship.

Spouses/Family members: Once family members have obtained ILR, they too may apply for naturalization providing they have, by that stage, been resident in the UK for at least three years (time spent accompanying the soldier spouse on service overseas may also count towards the three year residency requirement). Once one parent has become a British Citizen and the other has 'settled status', then it is also possible to make an application for children. This needs to be done on a separate form, MN1. Applications for children born outside of the UK will usually be made under section 3(1) of the British Nationality Act. For more information click here. 

Nationality Checking Service:  The nationality checking service is provided by local authorities (for example your county council or city council). A local authority can accept and forward your application to the Nationality Directorate.  For a small fee (usually £25) they will ensure that your form is correctly completed, and they will copy your documents and return them to you. They will ensure that your application is validly submitted and that the unwaivable requirements for citizenship are met. However, they will not give you nationality advice.  For more information and to find out where your nearest one is click here.

Joint Applications: Under current rules you are able to make a joint application for Citizenship if you both qualify in your own right.  Therefore if you are the spouse and you are eligible to apply for settlement under the new rules (i.e. your serving soldier has completed 5 years, is still a commonwealth citizen and you have been married for more than 2 years), you could make a joint application but only when you have had your ILR for 12 months and you have been in the UK for 5 years or more.  All other eligibility requirements will also need to be met, so it is important you read all the information before applying.  Click here for more information

Naturalising as a British Citizen in the future: Earned Citizenship

In the Government’s Green Paper ‘The path to Citizenship: Next Steps in Reforming the Immigration System’ it outlines the proposals for changing the way that someone can become a British citizen or remain here as a permanent resident. These proposals are collectively called ‘Earned Citizenship’ and will lead to change in July 2011. Thereafter individuals will be expected to pass through three key stages and demonstrate certain requirements in order to progress between these.

The UK Government’s aim is to make the journey clearer, simpler and easier to understand. The three stages are:

a. temporary residence
b. probationary citizenship
c. British Citizenship/permanent residence

These changes will also affect F&C citizens serving in the British Army and their families. The MOD and the Army are working closely with the Home Office on the proposals to ensure the unique needs of soldiers and their families are taken into account.

Although very little information is currently available about how the new proposals will affect soldiers and their dependants, it is known that once the new proposals are introduced, it will take six years for a soldier to gain Citizenship. This is an increase of a year.

Dependents of British Citizens will be able to gain Citizenship after three years (two years as a temporary resident and one year probationary citizenship), if they are ‘active Citizens’ - this means demonstrating some kind of community involvement. If you are not an ‘active citizen’ as outlined in the guidance below, it could take up to five years.

Dependents of Commonwealth soldiers will most likely be eligible for Citizenship after six years in their own right, if they can demonstrate ‘active citizenship’ or up to eight years if not (so five years as a temporary resident and one year or three years as a probationary citizen). However, if the serving soldier subsequently acquires Citizenship, the dependant should be able to switch into the quicker journey as outlined above.

Permanent Residence: For those who choose not to become British citizens, it will still be possible to get Indefinite Leave to Remain. However, you will remain in the ‘Probationary Citizen’ stage for a minimum of three years if you take this route.

Transition Period: All applications for Indefinite Leave to Remain and British citizenship received before earned citizenship is introduced, will be dealt with under the current system. If you have applied for Indefinite Leave to Remain before the date when earned citizenship is introduced, and you are subsequently granted Indefinite Leave to Remain, you will be eligible to apply for British citizenship under the current rules during the first two years after earned citizenship is introduced.

For more detailed information, click here.  Chapters 3 and 4 are the most interesting!  

What benefits can I claim?

If you have been given permission to live in the UK, this permission may include the condition that you have 'no recourse to public funds'. If so, you will not be able to claim most benefits, tax credits or housing assistance that are paid by the state. For all information on what you can and cannot claim, click here.

If you are claiming Child Benefit, the soldier will need to be the main claimant but your details will also need to be on the form. To claim Child Tax Credit you will need to make a joint application. To do this you will both need a National Insurance Number. The soldier’s NI number will be requested for him by his unit via a ‘Request to Issue a National Insurance Number’, signed by the soldier and sent on his behalf by the unit to the Inland Revenue. All Regimental Admin Offices have details of this procedure. For information on how to get a National Insurance Number if you are the spouse, scroll down to the heading below.

Child Benefit and Child Tax Credit claims should be made as soon as possible after arrival of the family in the UK. Claims will only be backdated for up to a period of three months, so any delay may result in benefit being lost. All Unit Welfare Offices and Regimental Admin Officers have details of how to claim. Alternatively, for more information, click here.

Disability benefit: Another advantage of the settlement changes is that family members who qualify would be able to apply for Disability Living Allowance and Carers Allowance once they have been granted settlement. Entitlement to these benefits though would still be subject to meeting the correct criteria as laid down by the Department for Work and Pensions. For more information about these specific benefits, click here.

How do I get a National Insurance Number?

If you need to claim benefit and/or tax credit (or if your partner needs to claim benefit/tax credit for you), your application for an NI number will be done as part of the benefit claim process.

If you have the right to work in the UK and you are looking for or starting work, you will need to make an appointment at your local Job Centre. For all information on obtaining National Insurance Numbers, click here.

Access to Higher Education (and NHS Bursaries) at home fees rates

Under the new rules, if settlement is granted it gives recourse to public funds and generally precludes the need to purchase further UK visas. It also enables those wishing to go to University to apply as a home student rather than an ‘overseas’ student (therefore significantly reducing the tuition fees) and makes applications for an NHS bursary possible. Unfortunately, if your husband has not completed 5 years and you are not able to apply for settlement you will still not be eligible for an NHS bursary.

However, some universities will accept family members of commonwealth soldiers who have completed 3 years in the UK (or on postings), as Home Students. The Universities that we know about to date include the University of Kent and the Open University. If you know of any others who offer this, please let me know: Email fc@aff.org.uk

I currently live in the UK but I want to visit Europe on holiday

Depending upon your nationality, you will usually need a Schengen visa to visit Europe. This currently covers 22 countries within Europe and will allow you to stay for up to 90 days (although this varies depending on which country issues the visa). A Schengen visa is applied for at the Embassy of the country in which you will be spending the most nights on your trip or, if you are spending the same amount of nights in more than one country, then you apply for the visa from the Embassy of the country which you will enter first. You will need to ensure that you have three months left on your UK immigration visa at the time that you return from your holiday. For more details and information on how to apply for a visa from France, click here. For links to the embassies of other Schengen countries, click here.

MHS Gurkha Translation Service

MHS have introduced a Gurkhali translation service at the Helpdesk. This is proving to be extremely useful. However families need to make sure that when the Helpdesk operator answers and acknowledges the need for the translation service, it will take a few minutes for the translation link to be established. Please wait for the link. Some families appear to be hanging up before the link can be established.

Visitors to Services Families Accommodation

Changes to rules on visitors staying in your quarter mean that you are able to apply for them to stay longer than 28 days in any 93 day period with permission from Defence Estates. You must apply in writing, through your Unit Welfare Office, to your local Housing Information Centre (or local housing allocation office if serving abroad). You need to include the following information in your letter, Serving soldier's name, Unit, Address of SFA, Full name and date of birth of your visitors, reason for visit and length of stay. For more detail refer to JSP 464, Part 1, Annex D to Chapter 1.

Further sources of information

The British Army:  The British Army website contains a great deal of information for soldiers and their families. For information for Foreign and Commonwealth families click here. 

UK visas:  You can get guidance leaflets, information and further advice about visas from the Visas for UK website. This site will tell you if you need a visa to visit the UK and will advise on which one to apply for. It also gives links to all Visa Application Centres across the world and tells you how to go about applying for a visa from different countries. 

UK Border Agency:  For lots of information relating to coming to the UK, extending your stay in the UK, how to apply for settlement and becoming a British Citizen. This is an excellent site. www.bia.homeoffice.gov.uk

Immigration Enquiry Bureau: 0870 606 7766 (Opening Hours: Monday - Thursday 0900 – 1645, Friday 0900 – 1630)

You can also call the Immigration Enquiry Bureau to speak directly to someone. It can take anywhere from 5-30mins to get through to someone so you have to be patient.

Nationality Directorate:  To speak to someone about becoming a British Citizen. Again you may have to wait for a while to get through. To save time, ensure you have read all the information on British Citizenship on the UKBA website. Call 0845 010 5200 (Opening Hours: Monday to Friday 0900 to 2100)

Immigration Advisory Service:  This is the UKs largest charity providing advice and representation in asylum, immigration and nationality law. It provides a free service to those who are eligible. Visit www.iasuk.org  

Department of Work and Pensions:  For information and advice on benefits, working in the UK and employment support. Visit www.dwp.gov.uk

HM Revenue and Customs:  To download forms for claiming Child Benefit and Tax Credits. Also includes lots of useful information about benefits. Visit www.hmrc.go.uk

National Insurance Number information: Click here  

Royal Commonwealth Ex-services League:  This is a charity set up to help ex-service men and women who served the Crown and are now in need.  Visit www.commonwealthveterans.org.uk

For lots more useful sources of information go to the Army’s Guide for F&C citizens and their families.