To assist HM Forces personnel in making the transition to civilian life, settlement applications may be lodged up to 18 weeks before the discharge date, although settlement cannot be granted until after exemption from immigration control has ceased upon their discharge.

The Immigration Rules make provision for applications for settlement to be made either from overseas or from within the UK.

When a serving member of HM Forces is discharged from the Armed Forces, the exemption from immigration control stamp is cancelled by the Unit Personnel Office (UPO) contacting the Home Office and they will then have 28 days to apply for Indefinite Leave to Remain (ILR) in order to remain in the UK.

Requirements for a grant of Indefinite Leave to Remain

(Applications made from within the United Kingdom)

The requirements for indefinite leave to remain as a Foreign or Commonwealth citizen discharged from HM Forces are that the applicant:

• has completed at least four years’ service with HM Forces; or
• meets the medical discharge criteria (please refer to the section below) and
• is not in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded; and
• does not fall for refusal under the general grounds for refusal

Requirements for a grant of Indefinite Leave to Enter

(For applications made from outside the United Kingdom)

The requirements for indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces are that the applicant:

• has completed at least four years’ service with HM Forces; and
• was discharged from HM Forces on completion of engagement; and
• was not discharged from HM Forces more than 2 years prior to the date on which the application is made; and
• does not fall for refusal under the general grounds for refusal

Spouses and children

Please note that spouses are only eligible for Indefinite Leave to remain (ILR) on discharge if the serving Commonwealth person is also eligible. Spouse has limited leave visa issued under Appendix Armed Forces or the new Appendix HM Forces (after April 2024). You should have a visa issued for five years and will not be eligible to apply for ILR until 28 days prior to the visa expiring.

You will need to meet the Knowledge of Language and Life in the UK requirements and minimum income requirements (currently £23,496). Complete form SET(AF), you will need to tick the box marked ‘partner or child of a member of HM Forces who has been discharged’ on page 3.

If you were not issued a visa for 5 years please contact NFF for advice on any potential options that may be open to you.

Spouse does not have a 5 year visa or is an overstayer

If you are an overstayer or are not sure what type of visa you have, please contact the NFF for advice on any potential options that may be open to you.

Please refer to Medical Discharge.

Note: Reckonable Service

To qualify under the Immigration Rules relating to discharge, the applicant must have completed a minimum of four years reckonable service. Details of an applicant’s reckonable service are provided by the applicant’s Unit Personnel Office (UPO).

However, in general, Reckonable Service is all service when an HM Forces member is not:

• absent without leave (AWOL)
• detained in military detention
• detained serving a sentence in one of Her Majesty’s Prisons (HMP), Young Offenders Institutions (YOI) or Youth Justice Board (YJB) establishments
• on a career break

• Application for ILR cannot be made during service, unless discharge date is set.
• Application for ILR can be made after a minimum of 4 years’ reckonable service.
• Application for ILR costs £3209 for main applicant and £3209 for each additional dependant.
• Applications for Indefinite Leave to Remain are made on Form Set (AF).
• Access form SET (AF).
• If the F&C service person has been discharged and decides to return to country of origin before applying for settlement, an application for Indefinite Leave to Enter from country of origin, can be made up to 2 years’ post discharge.
• Applications made outside United Kingdom should be made online using the online service.
• Please click on the section:
  • Relevant civilian employee, former member of UK armed forces (HM forces) or a bereaved family member’ (near the bottom of the drop down list)
  • For ‘Visa type’ – select: ‘Former UK Armed Forces (HM Forces)
  • The Current Visa Fee: £3209

To assist the HM Forces member who is being medically discharged in making the transition from Service to civilian life, applications for settlement from medical discharges may be lodged up to 18 weeks before the discharge date. Although settlement cannot be granted until after discharge has taken place.

Where a Foreign or Commonwealth member of HM Forces is medically discharged as a direct result of injury sustained during operations, the requirement for them to have completed four years’ service to qualify for settlement should normally be waived by the Home Office and they should in theory be granted settlement.

Basic Requirements

To apply under the rules relating to medical discharge, the applicant must applicant must;

• Application must be being medically discharged from HM Forces and one of the sections (AF 6.1 and AF 6.2) of the Appendix HM Forces Immigration Rules.

Please contact the team for further information: immigration@nff.org.uk

The Immigration Rules enable a person who has served for less than 4 years and is being medically discharged to apply for Indefinite Leave to Remain in the following circumstances:

• Where the cause was attributable to deployment in an operational theatre
• Where the cause was not attributable to deployment in an operational theatre but it is appropriate to grant leave to enter or remain in the UK following an assessment of the following factors:
  • The seriousness of the injury
  • The need for further medical treatment in relation to the illness or injury and the availability of such medical treatment in the applicant’s country of origin.
  • The prognosis for recovery, including whether the injury or illness will affect the applicants ability to support themselves in their country of origin and
  • The length of reckonable service in HM Forces at the time of the applicants discharge.

Applications for Limited Leave

If a person cannot meet the requirements for a grant of Indefinite Leave to Remain, then Limited Leave may be granted in the following circumstances:

• The cause of the medical discharge was attributable to service in HM Forces and
• It would be considered appropriate to grant limited leave to facilitate further medical treatment or a period of recovery.

The Immigration Rules permits a person who is being medically discharged, but has served for less than 4 years, to apply for Indefinite Leave to Remain in the following circumstances:

• Where the cause of the injury was the result of deployment in an operational theatre.
• Where the cause was not the result of deployment in an operational theatre, but it is appropriate to grant leave to enter or remain in the UK following an assessment of the following factors:
  • The seriousness of the injury.
  • The need for further medical treatment in relation to the illness or injury and the availability of such medical treatment in the applicant’s country of origin.
  • The prognosis for recovery, including whether the injury or illness will affect the applicant’s ability to support themselves in their country of origin; and
  • The length of reckonable service in HM Forces at the time of the applicant’s discharge.

The Immigration Rules enable a F & C service person who has served less than 4 years and is being medically discharged to apply for Indefinite Leave to Remain in the following circumstances:

• Causes resulting from a deployment.
• Causes that have not been a result of a deployment in an operational theatre, where it is appropriate to grant leave to enter or remain in UK after assessment.

Application Process – Application for ILR on Medical Discharge

• Applications for Indefinite Leave to Remain are made on Form Set (AF)
• Form Set (AF) cost is £3209 per applicant.
• Access form SET (AF)

If a person cannot meet the requirements for a grant of Indefinite Leave to Remain, then Limited Leave may be granted in the following circumstances:

• The cause of the medical discharge was due to service in HM Forces, and
• It would be considered appropriate to grant limited leave to facilitate further medical treatment or a period of recovery.

Application Process – Application for Limited Leave to Remain on Medical Discharge

• Applications for Limited Leave to remain are made on Form FLR (AF).
• Application FLR (AF) cost is £1321 per applicant.

If an injury or a medical condition is not attributable to the person’s HM Forces service and they have not served at least 4 years reckonable service, it is unlikely that the Home Office UKVI will grant permission to continue residing in the UK after discharge. Nevertheless, the Home Office are obliged to consider any application on a case by case basis and these will be considered ‘outside the immigration rules’. Please contact Pete Hawley of Naval Families Federation before attempting an application of this type.

For those previously discharged and refused settlement – there is important information that former HM Forces members may not be aware of:

• Any cases of medically discharged servicemen or women who sustained an injury during operations and had previously been refused settlement will now be reviewed in line with the recent Home Office guidance, where such cases are brought to the Home Office’s attention. The requirement to have been discharged no more than 2 years prior to the date of application would also be waived in re-consideration cases.
• Cases where the Home Office may exercise discretion would include where discharge of a HM Armed Forces member who has completed initial training results directly from an injury sustained on duty but outside an operational theatre (e.g. during pre-deployment training) or from a medical condition attributable to their training or service.
• In such cases, the Home Office may exercise discretion to waive the 4 years minimum service requirement under the settlement rules, especially where the injury is of a serious nature and the long-term prognosis is poor or where there will be an ongoing need for medical treatment which is not available in the individual’s home country.

All information about applying for British citizenship can be found in the British Citizenship section.

IMPORTANT: You should only apply for citizenship if you have at least four to six months before your date of discharge. The reason for this is because applications can take up to six months to process and you won’t be able to continue with a successful transition if you don’t have evidence of your right to remain in the UK.

Commonwealth service personnel are in a unique situation in that they can apply for citizenship without first requiring ILR. This is because their exempt stamp is considered to be ILR and are therefore ‘free from Immigration time restrictions’ for the purposes of naturalising.

If you are considering British Citizenship it makes sense to apply during Service as it means that you won’t have to then apply for Indefinite Leave to Remain (ILR) on discharge, thus saving a lot of time and money.  Please be aware that there is no requirement to apply for citizenship to be able to remain permanently in the UK, you are only required to get ILR so this is a personal choice.

Becoming a British citizen does not affect your spouse’s visa.

What happens if my application for citizenship is not processed prior to the end of the 28 days?

• Unlike applications for visas, your immigration status at the time of application for naturalisation will not continue whilst the application is being processed. So once the 28 days is over, you will be considered to be an overstayer. However, your application for citizenship will not be refused if you become an overstayer.
• The main problem with becoming an overstayer is in cases where the citizenship application is refused. As an overstayer, you will theoretically not be eligible for ILR and may have to apply for limited leave to be able to remain in the UK. You should therefore be very careful to read the citizenship guidance (particularly the good character guidance) to ensure you meet all the requirements.

Applying for Citizenship after discharge

As highlighted in the paragraphs above, this can be a costly route to citizenship but may be a necessity down to personal circumstances. Please be aware that:

• You can only apply for citizenship after discharge if you have already been granted ILR. If you haven’t applied for citizenship prior to discharge, you will need to apply for ILR instead within 28 days of the date of your discharge.
• Discharged Commonwealth personnel can apply for citizenship immediately after they have been granted ILR if they meet all of the the other requirements. There is no requirement to wait for 12 months ‘free from Immigration time restrictions’.
• This information is clearly written in the UKBA guidance, see below. This applies to all Commonwealth personnel

“While in the Armed Services, applicants are exempt from immigration control and therefore free of immigration time restrictions. Applicants will have been free of immigration time restrictions throughout their period of Service. In many cases, former Armed Services personnel will have been granted ILR on discharge and will meet the requirement to have been free of immigration time restrictions in the 12 months prior to the date of application.”

Please be aware that spouses will need to apply for ILR and then wait for 12 months prior to applying for citizenship as they were not exempt from immigration control at the time of the application.

• Application for ILR Set (AF) can be made 18 weeks prior to medical discharge. Settlement cannot be granted until after discharge.
• Application for ILR Set (AF) can be made before a minimum of 4 years’ reckonable service in exceptional circumstances.
• Application for ILR using form Set (AF) costs £3209 for main applicant and £3209 for each additional dependant.
• Form FLR (AF) is used for F&C personnel requiring treatment before returning to country of origin, but not seeking settlement.
• If the F&C service person has been Medically Discharged because of injuries sustained during Operational deployment or training and sent back to country of origin, they now have the right to apply.
• If the F&C service person has been Medically Discharged as a result of injuries sustained during Operational deployment or training and sent back to country of origin, they have the right to apply for Leave to Enter.
• If you are considering an application for British Citizenship and you are eligible, start the process early
• Applications made outside United Kingdom should be made online using the online service.

Please contact the immigration team on: immigration@nff.org.uk for further advice on Medical Discharge applications.

• For Home Office guidance on settlement applications from members of HM Forces who have been discharged, click here.

Application Forms

• Out of Country Application Form
  • Online application form
  • Appendix 2 (VAF Armed Forces Sept 2018) Financial Requirement Form
• In Country Applications
  • Click for form SET AF
  • Click for form FLR (AF)
  • Click for UK Visa Fees

a. 10 Year Continuous Lawful Residence Route (Long Residence)

If you have had lawful residence and lived in the United Kingdom for at least 10 years, then you may apply for Indefinite Leave to Remain. However, you need to have been living in the UK legally for the whole of the 10 years. The Home Office UKVI does not currently recognise time overseas on accompanied assignments as residence in the UK under the 10 Year Route. For full Home Office guidance on the Long Residence route to settlement click here.

b. Permission to Remain in the UK on the Basis of being a Parent of a British Child or a child who has been living in the UK for at least 7 Years.

Your eligibility to apply for a variation of your residence in the UK, will depend on your personal circumstances.

The Immigration Rules

The relationship requirements relating to an application for Leave to Remain as a parent are:

• The child of the applicant must be-
  • under the age of 18 years at the date of application, or where the child has turned 18 years of age since the applicant was first granted entry clearance or leave to remain as a parent under this Appendix, must not have formed an independent family unit or be leading an independent life;
  • living in the UK; and
  • a British Citizen or settled in the UK; or
  • has lived in the UK continuously for at least the 7 years immediately preceding the date of application.

Either-

• the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK), and the applicant must not be eligible to apply for leave to remain as a partner under this Appendix; or
• the parent or carer with whom the child normally lives must be-
  • a British Citizen in the UK or settled in the UK;
  • not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
  • the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.

• The applicant must provide evidence that they have either-
  • sole parental responsibility for the child, or that the child normally lives with them; or
  • direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK; and
• The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.

In Summary

• If you have a British child or a child who is not a British Citizen, but has been living in UK for seven years continuously, then you will have a case and can apply for permission to continue living in the United Kingdom. You will be eligible to apply for Limited Leave to Remain as a parent if it can be shown that you have sole responsibility for your child; or you have access rights to the child.
• Your application to remain in the UK on the basis that you are a parent of either a British citizen child, or a child who has resided in the UK for seven continuous years, will either be considered and granted under the five year route to settlement, or under the 10 year route to settlement. The route you are placed on will depend on whether you meet the requirements of the Immigration Rules:-
• Five-year route to settlement: you must meet all of the requirements of the immigration rules.
  • You have sole responsibility for the child or access rights to the child. If the child lives with the other parent, then that parent must also be British or have ILR. You must provide evidence of your sole responsibility or that you take an active role in the child’s upbringing
  • You must have a valid visa, which was issued for more than six months, unless that leave was granted pending the outcome of family court or divorce proceedings;
  • You must be able to adequately maintain and house yourself and your child
  • You must meet the English language requirement
  • You must meet the suitability requirements (i.e. you have no criminal convictions)
• Ten-year route to settlement: you will need to meet the following requirements:
  • You have sole responsibility or access rights to the child. If the child lives with the other parent, then that parent must also be British or have ILR. You must provide evidence of your sole responsibility or that you take an active role in the child’s upbringing.
  • You do not meet the English language requirement
  • You must not be in the UK as a visitor or with leave granted for a period of six months or less; unless that leave was granted pending the outcome of family court or divorce proceedings; or
  • You do not have valid leave to remain – you do not have permission to remain in the UK; or your visa has expired, and you are an overstayer.

For further details on the Immigration Rules relating to remaining in the UK as a parent of a child in the UK, click the link and then open the drop down on ‘Family life as a parent of a child in the UK’.

Decision on Application for Limited Leave to Remain as a Parent

If you meet the requirements for Limited Leave to Remain as a parent, you will be granted Limited Leave to Remain for a period not exceeding 30 months, and subject to a condition of no recourse to public funds.

You will be eligible to apply for settlement after a continuous period of at least 60 months and you will placed on the 5 year route to settlement.

However, if they do not meet all the requirements, for example, you do not meet the English language requirement, or you currently do not have valid leave, you will be granted leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the Home Office considers, that you should not be subject to such a condition, and you will be eligible to apply for settlement after a continuous period of at least 120 months in the UK and placed on the 10 year route to settlement. You will therefore be eligible for settlement after completing 10 years lawful residence.

c. Not Lawfully Resident in the UK – Private Life route

In the alternative to the parent route, if you do not have lawful residence in the UK, but you have lived in the UK for 20 years, or if you are under 25 years of age and have lived in the UK for half of your life, you may be eligible to apply for Leave to Remain on the basis of your private life. Please contact NFF for advice regarding an application of this type. Click For full details of Private Life in the Immigration Rules and then access the ‘Private Life’ section.

If you do not meet any of the above circumstances, then you are advised that you may find that your only option is to leave the United Kingdom and return to your home country.

However, there are other exceptional circumstances, which may need to be considered. Exceptional circumstances may include:

• What is deemed in the best interest of a child
• Length of time you have spent in the UK, including social, cultural and family ties
• Any compelling circumstances and whether returning to your country of origin would cause undue hardship and whether there are any insurmountable obstacles for your reintegration into your home country

Documentary Evidence Required

You will be required to lodge evidence to support an application for Leave to Remain.  Please contact NFF for advice and guidance on the specific documentary evidence required to support your particular application.

Application Forms

Partners of HM Forces personnel whose marriage has broken down and you are the parent of either a British child or your child has lived in the UK for seven years or more. You will be eligible to apply for limited leave. If you are eligible, you will need to apply using the requisite online form. Please click here and follow the guidance as to which form you will be required to complete.

Destitution means that you do not have adequate accommodation and/or you cannot meet your other essential living needs because you do not have sufficient income.  If you claim destitution, you may be eligible for a waiver of the Home Office fee.

What you need to know before submitting your request

You will be eligible for a fee waiver if you cannot afford to pay the Home Office fee because you:

• do not have a place to live and you cannot afford one
• have a place to live but cannot afford your essential living costs like food or heating
• have a very low income and paying the fee would harm your child’s wellbeing

You will need to provide evidence that you are destitute.  If you are still residing in Service Family Accommodation and the rent is being covered by the serving partner, or if you are in receipt of local authority support, but have limited income, you may still be eligible for a fee waiver.  However, merely because you have limited income, does not automatically mean you will be considered as destitute by the Home Office.

Before you begin your request for a fee waiver, you should read the guidance which includes information about who is eligible for a fee waiver, what destitute means, how to request a fee waiver and the documents you must send in to support your request.

If you make a fee waiver request through the online service and you qualify, you must also apply for your leave to remain application online. You may start your leave to remain application online, but it should only be submitted after you have received a decision on your fee waiver request.

If you make a fee waiver request before your current leave expires, and then you make an application for leave to remain, the date of that application will be deemed the date you submitted the fee waiver request. If you make a fee waiver request and you have no leave or your current leave has expired and then submit an application for leave to remain, the date of application will be the date you submit that application for leave to remain, not the date you submitted the fee waiver request.

You must provide evidence that you qualify for a fee waiver. This will be different depending on your circumstances, but might include documents such as letters local authorities, or bank statements.

You will be asked for details and evidence about yourself, any dependants you plan to include in your application for Leave to Remain and anyone else in your household or who helps you with money, accommodation or meeting your essential living needs.

There is no charge for making a request for a fee waiver.

You can only make a fee waiver request if you are making an application to remain in the UK on the basis of family life or private life for the following routes:

• as a partner or spouse, under the 5 year route, where you do not need to meet the minimum income threshold because your partner is in receipt of one or more specified benefits
• as a parent, under the 5 year route
• as a partner, parent or dependant child based on your family life or private life in the UK, under the 10 year route
• on human rights grounds, including where you were previously refused under the family route but granted “Discretionary Leave” or “leave outside the Rules”
• to extend your leave as someone who was refused asylum or humanitarian protection and given “Discretionary Leave” instead
• to extend your leave as a person who was previously granted leave as a victim of trafficking or slavery.

To apply for a fee waiver of the Home Office fee, you must complete the online fee waiver request form.

What happens next

If you qualify for a fee waiver, you will be told by letter, which is now usually sent by email. This letter will include a personalised code that you enter in your application for leave to remain that shows which fee waiver you have qualified for when applying for your leave to remain application.

If you qualify for a fee waiver, you will also not have to pay the Immigration Health Surcharge (IHS).

Application for change of conditions of leave to allow access to public funds because your circumstances have changed

If you are granted Limited Leave to Remain under either the 5 Year or 10 Year Route to Settlement, you will be issued with a condition of ‘no recourse to public funds. Having no recourse to public funds means that you do not have access to a range of benefits that are given to people on a low income.

If so, it means you will not be able to claim most benefits, tax credits or housing assistance that are paid by the state.

However, there are exceptions for some benefits and if you are in any doubt, you should contact the department or agency that issues it. This will often be the Department for Work and Pensions (DWP) or HM Revenue & Customs (HMRC).

Public funds include a range of benefits that are given to people on a low income, as well as housing support. These are:

• income-based jobseeker’s allowance
• income support
• child tax credit
• universal credit
• working tax credit
• a social fund payment
• child benefit
• housing benefit
• council tax benefit
• council tax reduction
• domestic rate relief (Northern Ireland)
• state pension credit
• attendance allowance
• severe disablement allowance
• personal independence payment
• carer’s allowance
• disability living allowance
• an allocation of local authority housing
• local authority homelessness assistance

If you can provide evidence that you are destitute or on serious financial difficulties, or where it can be shown that there are other compelling reasons relating to the welfare of your child and you require financial support, then you may apply to have your conditions of Leave to Remain varied.

To apply for a change of conditions of leave to allow access to public funds:

Click the link for the application form. If you already have leave granted on the basis of your family or private life and your financial circumstances have changed.

You can apply for a change to your conditions if:

• your financial circumstances have changed since being given permission to stay in the UK and you are no longer able to provide food or housing for yourself or your family
• your child is at risk because of your very low income
• you had financial problems when you first applied but you did not provide evidence of this and you now want to provide this evidence

You can only change the conditions of leave which will allow you to access public funds to which you may be entitled with this request.

Eligibility

Check your ability before you apply. You are eligible to apply for a change of conditions if:

• you have leave to remain under the 10 year partner, parent or private life route, where the applicant claims that refusal of that application for leave to remain would breach their rights (or the rights of other specified persons) under ECHR Article 8 (the right to respect for private and family life)
• you have leave to remain on the basis of other ECHR right

You can also be eligible to apply if you have leave to remain under the 5 year partner/parent route. If you are accepted, you would be considered to have moved on to the 10 year route to settlement and as such any future applications for leave will be considered under the 10 year route.

However, when you come to reapply, if you feel that you again meet the criteria under the 5 year route you should be aware that any leave you had previously accumulated under the 5 year route will not count towards your new 5 year period.

For example, if you previously had 4 years leave to remain under the 5 year route to settlement but applied for a change of condition code and were moved on to the 10 year route, when you next apply under the 5 year route you will need to complete a new period of 5 years in order to then apply for settlement.

You will qualify for an amendment to your conditions of leave only if:

• you are destitute
• there are particularly compelling reasons relating to the welfare of your child on account of your very low income
• there are exceptional circumstances in your case relating to your financial circumstances
• you are at risk of becoming destitute

A person is destitute if:

• they do not have adequate accommodation or any means of obtaining it (whether or not their other essential living needs are met)
• they have adequate accommodation or the means of obtaining it, but cannot meet their other essential living needs
• they are at risk of destitution if either or both of the above are imminent

If you are eligible to apply you will find guidance on how to complete your application and the evidence you need to provide within the online application. However, if you are in any doubt, please contact NFF for advice and assistance.

What happens next

If you meet the requirements for a change to the conditions of your leave to allow you to apply for public funds you will be told by letter or email. This may include a request that you give biometric information (fingerprints and photograph). You would need to do this at a Service & Support Centre (SSC). Information on how to do this will be provided in the decision. The Home Office will then issue you with a new biometric residence permit.

This application is free of charge.

The Naval Families Federation (NFF) has compiled a comprehensive information section on the website. This contains information on:

• General information on separation and divorce
• Domestic abuse and divorce
• Accommodation considerations
• Support for emotions and wellbeing
• Legal help and advice
• Financial advice
• FAQ’s

Click for a link on separation and divorce here.

The domestic violence rules do not apply to:

• the spouse, unmarried partner or registered civil partner of a sponsor who has only limited leave to enter or remain in the UK
• fiancé or fiancées or proposed civil partners
• people seeking asylum in the UK
• the spouse or civil partner of a foreign or Commonwealth citizen who is serving, or has served, in Her Majesty’s (HM) forces and who has not completed a minimum of 4 years’ reckonable service

The domestic violence rules do apply to:

• A partner of a serving member of HM Forces who is a victim of domestic violence are:
  • they had leave as the partner of a British citizen in HM Forces
  • they had leave as a partner of a foreign or Commonwealth citizen serving in HM Forces with at least four years’ reckonable service at the date of application

Partners of Foreign or Commonwealth members of HM Forces with 4 years’ service may make an application for settlement based on domestic violence, this is because 4 years’ service is the point at which the sponsor could settle if discharged from HM Forces.

Domestic abuse may be conducted by other family members, and not just the partner.  Those who are directly related to the victim, may be in-laws or step-family.

If an applicant submits evidence to show that their relationship has broken down because they have been subjected to domestic violence from someone other than their partner, they can still qualify for settlement under the rule. Evidence must clearly show that the violence has been the reason for the breakdown of the relationship between the applicant and their partner, for example where the person who abuses the applicant is a member of the partner’s family and against whom the partner offers no protection.

It should be noted that the spouse of a serving member of HM Forces who is a victim of Domestic Violence or Domestic Abuse does not have to wait until the end of the probationary period.

Neither do they have to rely on the serving member to support their application.

A victim of Domestic Violence or abuse may apply for Indefinite Leave to Remain (ILR) on their own merit, so long as the incidents of DV have been evidenced.

Evidence to substantiate must include at least one of the following:

• Non-molestation/protection order, Court conviction or relevant police caution

If they are not able to provide any of the mentioned pieces of evidence, they should provide at least two of the following:

• Medical report, an undertaking given to a court by the perpetrator, a police report, letter from social services, letter from domestic violence support organisation or refuge, MARAC risk assessment, or other (UWO letters of evidenced incidences).

The types of evidence which may be produced and factors which should be taken into account by the Home Office when considering whether the evidence produced meets the requirements for a grant of leave can be found in the Home Office guidance. To see this evidence here and go to pages 22 to 29.

Application process: You need to apply on form SET (DV). The Home Office fee is £2389 per applicant. If you can show that you are destitute, you do not have to pay the fee. You will need to evidence this – please see the next section.

Eligibility and criteria for those applying for leave to remain under the destitution domestic violence (DDV) concession

If you are a victim of domestic abuse and you do not have an income of your own and you find yourself destitute, you may be eligible for the Home Office fee to be waived and granted access to public funds.

This section informs you of the requirements which must be met for an applicant to qualify for temporary leave outside the immigration rules, under the destitution domestic violence (DDV) concession.

Definition of Destitution

A person is considered destitute by the Home Office when they do not have adequate accommodation or any means of obtaining it, or they cannot meet their essential living needs. It could also be when a person has demonstrated, by way of evidence, that they would be rendered destitute by payment of the Home Office fee, because whilst they have adequate accommodation and can meet their essential living needs:

• they have no additional disposable income such that either:
  • they could pay the Home Office fee; but
  • payment would compromise their ability to continue to accommodate themselves adequately or meet their other essential living needs

From 1 April 2012, those who meet the DDV concession criteria are granted 3 months leave outside the immigration rules (LOTR) with a condition code that does not restrict access to public funds. Only those eligible to apply for leave under section DVILR under Paragraph 40 of Appendix Armed Forces are eligible for the DDV concession.

The concession only applies to applicants who have previously been granted leave to enter or remain as the spouse; civil partner; unmarried or same-sex partner of any of the following:

• British citizen;
• Settled person;
• Member of HM forces who is exempt from immigration control and has served for at least 4 years

The Home Office will reject an application for the DDV concession, from those whose partner:

• is not at the time of application a British citizen or settled in the UK;
• was not at the time when the leave as a partner was first granted, a British citizen or settled in the UK;
• is not a serving member of HM forces, considered exempt from immigration control with 4 years’ reckonable service.

The concession applies to those who from 1 December 2013 were last granted leave under paragraph 23, 26, 28 or 32 of Appendix Armed Forces and are the partner of a member of HM forces who is British, settled, still serving and considered exempt from immigration control and has at least 4 years’ service as a regular, or was granted limited leave to remain on discharge; and

• claim that their relationship with their spouse, civil partner, unmarried or same sex- partner has broken down as a result of domestic violence;
• claim to need access to funds in order to leave the relationship;
• intend to apply for indefinite leave to remain as a victim of domestic violence under paragraph 40 of Appendix Armed Forces or section DVILR of Appendix

To benefit under the destitution domestic violence (DDV) concession, victims of domestic violence and abuse who need access to public funds, must complete and submit the LOTR (DVV) form to the Home Office by email.

• Online application form and guidance.
• Apply for destitution domestic violence (DDV) concession here.

In order to qualify for a grant of limited leave under the DDV concession, an applicant must:

• have submitted a completed LOTR (DDV)
• meet the eligibility requirements of the DDV concession

Those who meet the criteria of the DDV concession should be granted leave outside the rules (LOTR) (DDV) for 3 months on conditions permitting employment and immediate access to benefits (code 1A).

The Home Office will send the applicant a letter which confirms they have been granted LOTR (DDV) and issue a status document by way of a biometric residence permit (BRP).

After being granted 3 months leave to remain, with access to public funds and a concession of the Home Office fee, the applicant should submit their SET(DV) application before their 3 months’ limited leave expires. The Home Office encourages those who are granted 3 months’ LOTR to submit a SET(DV) application within 8 weeks of their initial grant to make sure their case is considered before their leave under the concession expires.

If an applicant fails to submit their SET(DV) application within the 3 months limited leave, they will become an overstayer and may become subject to removal.

It is important to note that if leave is granted under the DDV concession, the applicant must make a separate application for Department for Work and Pension (DWP) benefits or housing benefits and will be assessed against the normal DWP criteria.

A grant of leave under the DDV concession is recognition that an applicant is destitute at the time the request is decided and does not guarantee that any subsequent application for leave under the domestic violence rules will be granted.

• Part 6 of Appendix Armed Forces applies to partners of members of HM forces who are the victim of domestic violence.
• Domestic Violence and Domestic Abuse incidents must be documented & evidence produced.
• The dependant is not required to meet the 5 years’ probationary period.
• Application form Set (DV) cost £2885 per applicant
• If destitute, they may apply for a concession of the fee and recourse to public funds.

The AFF Foreign & Commonwealth Specialist is an OISC Level 2 qualified advisor who has been providing qualified immigration advice and practical support for Army families for a number of years. She has developed specialist knowledge of supporting F&C victims of Domestic Abuse (DA). Through a close working relationship with NFF, AFF are able to offer this specialist DA support to Royal Navy, Royal Marines personnel and their families.

Funded by the Lloyd’s Patriotic Fund, AFF is able to provide practical one-to-one support to F&C families dealing with domestic abuse.

The support can be offered in any location in the UK or overseas. AFF will do all the substantive work required to make the applications, including collating all evidence, completing the forms and writing letters of representation.

If you are currently supporting an F&C spouse in these circumstances who needs immigration advice, then please contact AFF at fcsupport@aff.org.uk

If you are the spouse in need of support, you can contact AFF directly, but they would prefer that you are referred to them via a NS FPS or SSAFA caseworker.

Click here for further guidance on domestic abuse for the Armed Forces community.

Applications made for ILR as a victim of domestic abuse, or those made under Article 8 of the Human Rights Act, should not be attempted without qualified immigration advice.

If you use the AFF support project detailed above then the AFF’s F&C Specialist is a qualified advisor, registered with the Office of the Immigration Services Commissioner (OISC) to provide immigration advice up to Level 2. If you wish to use a different advisor, then you should ensure they are also registered with the OISC to provide advice up to Level 2 or 3. Currently the Naval Families Federation are only qualified to level 1 and therefore can’t assist with these types of applications. NFF have a close working relationship with GBS UK Immigration who are based in Portsmouth and have a specialist in Armed Forces Immigration law.

Can I get Legal Aid?

Since April 2013, Legal Aid has only been available for applications under the DV rules. Legal advisors can claim some of their costs back for these cases, but there is a cap on the amount they can claim. You may find that the amount of work they are willing to do is limited to completing the application form. Law centres are a good place to start if there is one in your area.

What should the immigration adviser do?

A good immigration adviser will begin by assessing the merits of your case. If they consider that your chances of being able to remain in the UK are very slim, then they should inform you of this. If you decide to go ahead with an application, then your immigration adviser should assist with the following:

• A detailed statement: This provides the opportunity for you to put the facts of your case to the decision maker (the UKBA caseworker). Your immigration adviser should draft this statement using the information you have given them. It should tell your story in a compelling and persuasive way so that the caseworker will be convinced of the merits of the case.
• Supporting documents: Your immigration adviser should give advice on the evidence that needs to be provided with your application. The facts that you put in the statement above will need to be corroborated by other types of evidence, usually documents such as bank statements, photos, bills, letters, and reports – medical or other expert reports. A UKBA decision maker is not required to accept the facts in the statement if they can reasonably be expected to be supported by other evidence.
• Letter of representation: The adviser should also prepare a letter in which they give the legal argument for your right to remain in the UK. They will refer to immigration rules where appropriate, or to other, similar, cases where judges have ruled in favour of a right to remain.

What happens if my application is refused?

If you are given the right to appeal, then your adviser should discuss the merits of this with you. They should take you through the process and the timescales.

You will only have ten days following receipt of your refusal notice (Notice of Decision) to lodge the appeal. On average, it takes six months for an appeal to be heard at the immigration tribunal. Appeals can be very expensive and are not covered by Legal Aid.

Complaints about immigration advisers

If you think your immigration adviser has given you poor advice or an inadequate service, you can complain to the Office of the Immigration Services Commissioner (OISC).

You can complain about any adviser, solicitor, barrister, OISC regulated adviser or unregulated person operating within the UK and providing advice and services relating to immigration to the UK.

• Click to see the guidance that the Home Office follows when considering applications from people who claim to have been victims of domestic violence or abuse.
• Click for guidance on the eligibility and criteria for those applying for leave to remain under the destitution domestic violence (DDV) concession.
• ‘No defence for abuse’: a strategy to tackle domestic abuse within the defence community. See the MOD strategy here.
• Click for information and guidance for those affected by or dealing with cases of domestic abuse in the Armed Forces community.
• Click For information about domestic violence and abuse in the Armed Forces and the help available to victims, perpetrators and the chain of command.
• For information for Armed Forces personnel and their families who are stationed overseas.
• Click For feedback on common concerns raised by victims and perpetrators from the Armed Forces Community.
• See our Handbook to help and inform civilian support services who are working with Armed Forces families affected by domestic abuse.

A partner qualifies for settlement as a bereaved partner if they make a valid application and their deceased partner was either:

• a British citizen in HM Forces (including one who has naturalised after five years reckonable service)
• a foreign or Commonwealth citizen serving in HM Forces
• a discharged member of HM Forces who is a British citizen or had been granted or was seeking at the same time as the applicant leave to enter or remain under paragraphs:
• 276E-QA of the Immigration Rules
• 13-19 of Appendix Armed Forces

Paragraphs 276E – QA of the Immigration Rules this relates to Part 7 of the Immigration Rules concerning applicants who originally applied before 1st December 2013.

And, at the time of their partner’s death, their relationship met the following criteria:

• they and their partner:
  • were both aged 18 or over
  • were not within the prohibited degree of relationship (not be so closely related) that their marriage would not be valid in the UK
  • intended to live together permanently
  • had met in person
  • the relationship was genuine and subsisting and each of the parties intended to live together permanently

For this Part, a reference to a member of HM Forces includes a former member of HM Forces who was discharged more than 2 years ago if that member of HM Forces:

• is a British citizen; or
• was granted leave under Appendix Armed Forces; and
• the applicant had leave under Appendix Armed as the partner or child of a member of HM Forces prior to the sponsor’s discharge.

Please note that you do not have to pass the Life in the UK test nor the B1 English Language Requirement for a grant of Indefinite Leave to Remain on the basis of being a bereaved partner.

Indefinite Leave to Enter

Entry Clearance and Indefinite Leave to Enter as a bereaved partner of a member of HM Forces will be granted to an applicant who:

• is outside the United Kingdom as a result of accompanying their sponsor on an overseas posting;
• has made a valid application for entry clearance and indefinite leave to enter as the bereaved partner of a member of HM Forces;
• does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
• meets the general eligibility requirements in paragraph 34. (Bereaved partners)

Indefinite Leave to Remain

Indefinite Leave to Remain as a bereaved partner of a member of HM Forces will be granted to an applicant who:

• is in the United Kingdom;
• has made a valid application for indefinite leave to remain as the bereaved partner of a member of HM Forces;
• does not fall to be refused on the grounds of suitability; and
• meets the general eligibility requirements.

Application Process

• The application is done on form SET (AF)
• NFF can assist and advise you with this process

The requirements for qualification as a bereaved child are that they have made a valid application and the parent who has died was at the time of their death:

• a British citizen in HM Forces including one who has naturalised after five years reckonable service
• a foreign or Commonwealth citizen serving in HM Forces
• a discharged member of HM Forces who is a British citizen or had been granted or was seeking at the same time as the applicant leave to enter or remain under paragraphs:
  • 276E-QA of the Immigration Rules on HM Forces
  • 13-19 of Appendix Armed Forces

They must also meet one of the following criteria:

• Their other parent must also:
  • be a member of HM Forces who was granted or is being granted at the same time, leave to enter or remain under paragraphs 23-33 click here, which relates to those were in the process of applying for Limited Leave or 35-37 of Appendix Armed Forces, which relates to those applying for Indefinite Leave or paragraph 276S, V or AE of the Immigration Rules or under the concession for bereaved partners of foreign or Commonwealth members of HM Forces; this relates to part 7 of the Immigration Rules concerning applicants who originally applied before 1st December 2013.
  • have died
• the HM Forces parent has had sole responsibility for the applicant’s upbringing
• there are serious or compelling family or other considerations which would make exclusion of the child from the UK undesirable and suitable arrangements have been made for the applicant’s care

Indefinite Leave to Enter

Entry clearance and indefinite leave to enter as a bereaved child of a member of HM Forces will be granted to an applicant who was either:

• under 18 years of age at the date of application; or
• aged 18 or over at the date of application and was last granted leave to enter or remain under paragraph 43 or 47 of this Appendix or paragraph 276AH of these Rules;
  • is outside the United Kingdom;
  • is not married or in a civil partnership;
  • has not formed an independent family unit;
  • is not leading an independent life;
  • has made a valid application for entry clearance and indefinite leave to enter as the bereaved child of a member of HM Forces;
  • does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
  • meets the general eligibility requirements in paragraph 51.

Indefinite Leave to Remain

Indefinite leave to remain as a bereaved child of a member of HM Forces will be granted to an applicant who:

• is in the United Kingdom;
• was either:
  • under 18 years of age at the date of application; or
  • aged 18 or over at the date of application and was last granted leave to enter or remain under paragraph 43 or 47 of this Appendix or paragraph 276AH of these Rules; and

• is not married or in a civil partnership;
• has not formed an independent family unit;
• is not leading an independent life;
• has made a valid application for indefinite leave to remain as the bereaved child of a member of HM Forces;
• does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
• meets the general eligibility requirements in paragraph 51

Children’s Application Process

• The application is done on form SET (AF)
• NFF can assist and advise you with this process

Naval Families Federation (NFF)

The NFF has a comprehensive webpage dedicated to Bereavement Support for serving spouses and children and offer a wide range of support services that may help during this distressing time.

Royal Navy Family and People Support (RN FPS)

For any “death in service”, the family will receive dedicated compassionate support from a member of RN FPS. Click for further information on the support that they offer and their contact details.

Government guidance

Emotional and practical support for bereaved families and loved ones is available from government departments and approved charities

• Click for guidance for those who have lost their serving person.
• Click for information on bereavement compensation.