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Settlement Routes – Dependants & Visit Visas

Settlement Routes – Dependants & Visit Visas

Immigration Rules Changes

With Effect from the Thursday 11th April 2024, there are significant changes to the Immigration Rules which relate to Service Personnel and their partner and children.  The Naval Families Federation will endeavour to ensure that these changes are reflected in the information contained within this section but this will take time to complete.  If you are planning to submit an application, please ensure that you liaise with the NFF Immigration Team on immigration@nff.org.uk to ensure that you have the correct information.

The Immigration Rules relating to fiancées, spouses, partners and children of British Citizens and Foreign or Commonwealth nationals who are serving members of HM Forces changed on 11th April 2024. It saw ‘Appendix Armed Forces (AF)’ change to ‘Appendix HM Forces’. The information below is aimed at anyone that applied and paid for a visa on, or after 11th April 2024. 

Anyone who applied and paid for their visa prior 11th April 2024 and is looking for advice on their next visa is to contact the Naval Families Federation to discuss the options that may be available to them.

Appendix HM Forces

From 11th April 2024, Appendix HM Forces applies to all application for leave to enter or remain as dependents of serving members of HM Forces.

The new rules require the serving member of HM Forces, irrespective of whether they are British citizens or Foreign and Commonwealth, to be in receipt of a minimum income or £23, 496 per year in order to sponsor their family members to join them in the UK.

In addition to the minimum income required, there is also an English language requirement for those over the age of 18 years who come from non-English speaking countries.

Appendix HM Forces require the serving member of HM Forces, irrespective of whether they are British citizens or Foreign and Commonwealth, to support an application for:

Limited Leave to Enter:
  • In receipt of a minimum income of £23,496
  • Requirement for an A1 English language test (Non-English speaking countries of origin)
  • If applying from certain countries outside the UK, have a TB Test to prove they are clear of TB
  • Entry clearance from outside UK costs £1846 per applicant.

Applicants under Appendix HM Forces will be eligible for ILR upon completion of 5 years’ residence, with at least 1 year on a HM Forces dependent visa.

Appendix HM Forces require the serving member of HM Forces, irrespective of whether they are British citizens or Foreign and Commonwealth, to support an application for

Indefinite Leave to Remain:
  • In receipt of a minimum income or £23,496
  • Requirement for a B1 English language test (Non-English speaking countries of origin)
  • Indefinite Leave to Remain costs £2885 per applicant.
Minimum Income Requirement
Applications After 11th April 2024

The Minimum Income Requirement (MIR) for Appendix HM Forces applications is £23,496. This MIR is for all family members, irrespective of the number of children in a family.

The MIR is linked to the ‘Other Ranks’ pay grades. All RN and RM will join on the NERP of £18,687. After 6 months in service, they will progress to OR-2-1 which is £23,496. This salary must be held for a minimum of 6 months before applying for family members to join them. Serving personnel can expect to be eligible to apply for their family members to join them after approximately 12 months in service.

Examples

EXAMPLE 1
Arthur joins the Royal Navy from St Vincent. He is married to Rosetta who has remained in their family home in St Vincent and they have no children. On joining the RN, Arthur’s salary is £18,687 (NERP) and on completion of 6 months this increases to £23,496 (OR-2-1). On completion of his phase 2 training Arthur wants to bring his wife Rosetta to the UK. Based upon his salary alone, the earliest that he will be able to do this is one year from his entry into the RN as he will need proof that he has been earning £23,496 for a period of 6 months before the date of the application.
Applications before 11th April 2024

Those who were given leave to enter, or remain before 11th April 2024, under Appendix Armed Forces will be required to meet their specified MIR at the time of their application. If your original MIR was over the current MIR (£23,496) under the new Appendix HM Forces, you will be required to meet the lowest threshold.

 

Examples

EXAMPLE 2
Jacobus joined the Royal Marines from Pretorius, South Africa. He is married to Jenny and they have two children, Henry and Jessica and they live in their family home in Pretorius. When Jacobus joined the RM, his salary was £15,672. His salary then increased to £20,000 after 6 months from entry into the RM’s.  This date is known as the “Incremental Bonus Date” or IBD. On this date each year, his salary will increase to the next pay level. Jacobus sought advice from the NFF about bringing his family to join him in the UK. He was informed that he would need to earn £24,800 to sponsor a partner and two dependent children into the UK. Jacobus progressed through the pay scales and was able to bring his family to join him in 2021. The family are now due to apply for their Indefinite Leave to Remain’. Because Jacobus’ previous MIR was higher than the current MIR under Appendix HM Forces, he will not need to meet the previous MIR of £24,800 but the new, lower MIR of £23,496.

For the Armed Forces Pay Review Body report for 2020 with Rates of pay – Pay scales from page 61 onwards.

Additional Information

Children who are British Children and currently, those who are EEA nationals and those with ILR are not included in the financial assessment and will not need to meet the financial requirement.

Some overseas salary’s may be considered, as well as savings and in some instances, third part support. Please contact NFF to discuss.

 

Entry Clearance as a Partner or Spouse

Appendix HM Forces of the Immigration Rules allows partners and spouses to apply for entry clearance to the UK from their country of residence.

There is no route within Appendix HM Forces for family members to remain in the UK if they entered on a visit visa. Your partner or spouse will need to return to their home country and apply for entry clearance.

Please see our information below on the application process.

The application process has three main ‘stages’;

  • Stage 1 is the online application. This application costs £1846. At some VAC there is a standing charge. This is variable to each VAC. In some cases, free appointments are still available. Please feel free to discuss this with us.
  • Stage 2 is to book an appointment at the Visa Application Centre. Ensure that you leave plenty of time between submission of the online application and this appointment to do the next stage.
  • Stage 3 is attending the VAC appointment and submitting all your supporting documents. These should uploaded by 48 hours prior to the appointment as the upload portal may close at this stage.

It is your responsibility to read the Immigration Rules to ensure you meet them. You can find the full HM Forces Immigration Rules here.

We have included the key points below:

Validity requirements
  • Must apply using form; “VAF AF”.
  • Must have paid required fee (£1846).
  • Applicant (s) must enrol biometrics when required.
  • Application (s) must provide passport which establishes nationality.
  • An application which does not meet validity requirements may be rejected an invalid and not considered.
Suitability requirements
  • The applicant (s) must not fall under Part 9: Grounds for refusal.
  • As an example, these include:
  • Immigration breaches and offenses (including overstaying)
  • Criminal offense
  • Deception
  • It is your responsibility to the Part 9: Grounds for refusal here.

Please feel free to contact us for further clarification.

Entry requirements
  • Must obtain entry clearance before they arrive in the UK.
  • Applicant (s) must, if required under Appendix Tuberculosis, provide a medical certificate confirming they have undergone screening for TB – we will inform you if you are required to undertake a TB screening test.

Tuberculosis tests for visa applicants

TB Test – Visa applicants only

There are several countries in the world where applicant’s applying for a UK visa will be required to have a TB test prior to applying for entry clearance.  Before proceeding with an application, please check the list of countries that require a TB Test here.

The TB test needs to be UKVI approved, for more information, please see the above link.

Please feel free to contact us for further clarification.

Relationship requirements 
  • The applicant must be the partner of a person, where:
  • The partner is a member of HM Armed Forces exempt from immigration control; or
  • The partner is also applying for (and being granted) permission to stay/ settlement as a HM Armed Forces service leaver; or
  • Partner also has permission under this Appendix (service leaver); or
  • Partner is a British citizen or settled.
  • The requirements of Appendix Relationship with Partner must be met. It is your responsibility to check Appendix Relationship with Partner here.

Please feel free to contact us for further clarification.

English language requirement
  • You must have sat a CEFR in speaking and listening of at least level A1; Or
  • Be from a majority English speaking country; Or
  • Have a Degree taught in English, recognised by ECCTIS, please see our guide here for further information: Proving English Proficiency

For the purposes of paragraph 68(a) of the Immigration Rules a person is deemed a national of a majority English speaking country if they are a national of the following: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, or the United States of America.

For information on approved English Language tests and test centres see here. Please ensure you book a test directly through this website and its links, this will guarantee you are booking with an ‘approved’ provider.

Financial requirements
  • Must have a gross annual income of £23,496 – held for at least 6 months; Or
  • Be in receipt of certain benefits or funds; and
  • Meet and provide evidence listed in Appendix FM-SE.

For most RN and RM personnel and families, this means they will be eligible to apply 1 year after entering training.

Accommodation requirement

Must not be overcrowded or contravene public health regulations. Please see Caseworker Guidance here (page 19 onwards) for further information.

Period and conditions of grant for entry clearance

Limited Leave to Enter visa will be granted for whichever is shorter of:

  1. (a) 5 years; or
  2. (b) the remaining duration of the applicant’s partner’s enlistment; or
    1. For example, if you have 2 years left to serve, your partner will only be granted until your current date of discharge.
  3. (c) the remaining duration of the applicant’s partner’s extant permission; or
    • For example, if your child joins the applicant later in the UK, they will only be granted until the expiry of their non-serving parent’s leave.
  4. (d) 6 months if the applicant is being granted entry clearance or permission to stay as a fiancé(e) or proposed civil partner.

The grant will be subject to the following conditions:

  1. (a) no access to public funds; and
  2. (b) work permitted (including self-employment and voluntary work) (unless granted as a fiancé(e) or proposed civil partner where no work is permitted); and
  3. (c) study permitted, subject to the ATAS condition in Appendix ATAS (unless granted as a fiancé(e) or proposed civil partner where no study is permitted).
Immigration Health Surcharge (IHS)

Family members of a serving member of HM Forces are exempt  from paying the Immigration Health Surcharge. If you are a partner of a serving member of HM Armed Forces and have been inadvertently charged for the IHS please contact the Naval Families Federation to discuss the possibility of a refund.

Documents Required to Support the Application

You will need to provide evidence to support the application for permission to enter or remain in the United Kingdom based on marriage to a serving member of HM Forces.

You can view our guide to evidence require here:  Evidence Guide

Application Process

Importantnote: You cannot enter the UK on a visit visa if you are planning to settle as you will not be able to switch onto a dependant’s visa once in the UK.

Importantnote:You must travel to the UK within 90 days of the validity of the visa. If you cannot travel within this time you will need to apply for a replacement biometric card.

All first time applicants need to apply for limited leave to enter using the online form.

Please note, we would strongly suggest you contact the Immigration Team for support before submitting an application.

Home Office Fees

Limited Leave to Enter – £1846

We are currently seeing applications come back with a decision anywhere between 8 weeks and 16 weeks from attending the VAC appointment. The stated time is 24 weeks.

Further Leave to Remain as a Partner

Appendix HM Forces of the Immigration Rules allows partners and spouses to apply for Further Leave to Remain.

This may be useful to those who entered the UK on a different visa type, for example some student or graduate visas.

You cannot apply for Further Leave to Remain if you entered the UK on a visit visa. There is no route within Appendix HM Forces to do this. The applicant must return to their country of residence and apply for entry clearance.

Please see our information below on the application process.

The application process has three main ‘stages’;

  • Stage 1 is the online application. This application costs £1846. At some VAC there is a standing charge. This is variable to each VAC. In some cases, free appointments are still available. Please feel free to discuss this with us.
  • Stage 2 is to book an appointment at the Visa Application Centre. Ensure that you leave plenty of time between submission of the online application and this appointment to do the next stage.
  • Stage 3 is attending the VAC appointment and submitting all your supporting documents. These should uploaded by 48 hours prior to the appointment as the upload portal may close at this stage.

It is your responsibility to read the Immigration Rules to ensure you meet them. You can find the full HM Forces Immigration Rules here.

We have included the key points below:

Validity requirements 

  • Must apply using form; “FLR AF”
  • Must have paid required fee (£1048).
  • Applicant (s) must enrol biometrics when required.
  • Application (s) must provide passport which establishes nationality.
  • An application which does not meet validity requirements may be rejected an invalid and not considered.

Suitability requirements 

  • The applicant (s) must not fall under Part 9: Grounds for refusal.
  • As an example, these include:
  • Immigration breaches and offenses (including overstaying)
  • Criminal offense
  • Deception
  • It is your responsibility to the Part 9: Grounds for refusal here.

Please feel free to contact us for further clarification.

Relationship requirements 

  • The applicant must be the partner of a person, where:
  • The partner is a member of HM Armed Forces exempt from immigration control; or
  • The partner is also applying for (and being granted) permission to stay/ settlement as a HM Armed Forces service leaver; or
  • Partner also has permission under this Appendix (service leaver); or
  • Partner is a British citizen or settled.
  • The requirements of Appendix Relationship with Partner must be met. It is your responsibility to check Appendix Relationship with Partner here.

Please feel free to contact us for further clarification.

English language requirement

  • You must have sat a CEFR in speaking and listening of at least level A1; Or
  • Be from a majority English speaking country; Or
  • Have a Degree taught in English, recognised by ECCTIS, please see our guide here for further information: Proving English Proficiency

For the purposes of paragraph 68(a) of the Immigration Rules a person is deemed a national of a majority English speaking country if they are a national of the following: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, or the United States of America.

We have provided  information on approved English Language tests and test centres . Please ensure you book a test directly through this website and its links, this will guarantee you are booking with an ‘approved’ provider.

Financial requirements 

  • Must have a gross annual income of £23,496 – held for at least 6 months; Or
  • Be in receipt of certain benefits or funds; and
  • Meet and provide evidence listed in Appendix FM-SE.

For most RN and RM personnel and families, this means they will be eligible to apply 1 year after entering training.

 

Accommodation requirement  

  • Must not be overcrowded or contravene public health regulations. Please see Caseworker Guidance here (page 19 onwards) for further information.

 

Period and conditions of grant for entry clearance

  • Limited Leave to Enter visa will be granted for whichever is shorter of:
  1. (a) 5 years; or
  2. (b) the remaining duration of the applicant’s partner’s enlistment; or
  • For example, if you have 2 years left to serve, your partner will only be granted until your current date of discharge.
  1. (c) the remaining duration of the applicant’s partner’s extant permission; or
  • For example, if your child joins the applicant later in the UK, they will only be granted until the expiry of their non-serving parent’s leave.
  1. (d) 6 months if the applicant is being granted entry clearance or permission to stay as a fiancé(e) or proposed civil partner.
  • The grant will be subject to the following conditions:
  1. (a) no access to public funds; and
  2. (b) work permitted (including self-employment and voluntary work) (unless granted as a fiancé(e) or proposed civil partner where no work is permitted); and
  3. (c) study permitted, subject to the ATAS condition in Appendix ATAS (unless granted as a fiancé(e) or proposed civil partner where no study is permitted).

 

Immigration Health Surcharge(IHS)

Family members of a serving member of HM Forces are exempt from paying the Immigration Health Surcharge. If you are a partner of a serving member of HM Armed Forces and have been inadvertently charged for the IHS please contact the Naval Families Federation to discuss the possibility of a refund.

Documents Required to Support the Application

You will need to provide evidence to support the application for permission to enter or remain in the United Kingdom based on marriage to a serving member of HM Forces.

You can view our guide to evidence require here:  Evidence Guide

Application Process

Importantnote: You cannot enter the UK on a visit visa if you are planning to settle as you will not be able to switch onto a dependant’s visa once in the UK.

Please note, we would strongly suggest you contact the Immigration Team for support before submitting an application.

Home Office Fees

Further Leave to Remain – £1048

We are currently seeing applications come back with a decision anywhere between 8 weeks and 16 weeks from attending the VAC appointment. The stated time is 24 weeks.

Indefinite Leave to Remain (Settlement)

Appendix HM Forces of the Immigration Rules allows partners and spouses to apply for Indefinite Leave to Remain, also known as ‘settlement’

The applicant must have been in the UK, with leave, for 5 years. At least 1 of those years must have been on Appendix HM Forces or Appendix Armed Forces.

Please see our information below on the application process.

The application process has three main ‘stages’;

  • Stage 1 is the online application. This application costs £2885. At some VAC there is a standing charge. This is variable to each VAC. In some cases, free appointments are still available. Please feel free to discuss this with us.
  • Stage 2 is to book an appointment at the Visa Application Centre. Ensure that you leave plenty of time between submission of the online application and this appointment to do the next stage.
  • Stage 3 is attending the VAC appointment and submitting all your supporting documents. These should uploaded by 48 hours prior to the appointment as the upload portal may close at this stage.

It is your responsibility to read the Immigration Rules to ensure you meet them. You can find the full HM Forces Immigration Rules here.

We have included the key points below:

Validity requirements
  • Must apply using form; “SET AF”
  • Must have paid required fee (£2885).
  • Applicant (s) must enrol biometrics when required.
  • Application (s) must provide passport which establishes nationality.
  • An application which does not meet validity requirements may be rejected an invalid and not considered.
Suitability requirements
  • The applicant (s) must not fall under Part 9: Grounds for refusal.
  • As an example, these include:
  • Immigration breaches and offenses (including overstaying)
  • Criminal offense
  • Deception
  • It is your responsibility to the Part 9: Grounds for refusal here.

Please feel free to contact us for further clarification.

Relationship requirements
  • The applicant must be the partner of a person, where:
  • The partner is a member of HM Armed Forces exempt from immigration control (with at least 5 years service); or
  • The partner is also applying for (and being granted) permission to stay/ settlement as a HM Armed Forces service leaver; or
  • Partner also has permission under this Appendix (service leaver); or
  • Partner is a British citizen or settled.
  • The requirements of Appendix Relationship with Partner must be met. It is your responsibility to check Appendix Relationship with Partner here.

Please feel free to contact us for further clarification.

Qualifying Periods
  • Applicant must have completed 60 months of continuous residence with permission under Appendix HM Forces; or
  • The 60 months qualifying period can be met with periods of time spent as a continuous resident on any other route to settlement as long as they were on this route for a minimum of 12 months immediately before the date of application.
  • Applicant must meet conditions in Appendix Continuous Residence.
English language requirement
  • You must have sat a CEFR in speaking and listening of at least level B1; Or
  • Be from a majority English speaking country; Or
  • Have a Degree taught in English, recognised by ECCTIS, please see our guide here for further information: Proving English Proficiency

For the purposes of paragraph 68(a) of the Immigration Rules a person is deemed a national of a majority English speaking country if they are a national of the following: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, or the United States of America.

We have provided  information on approved English Language tests and test centres . Please ensure you book a test directly through this website and its links, this will guarantee you are booking with an ‘approved’ provider.

Life in the UK Test requirement
Financial requirements
  • Must have a gross annual income of £23,496 – held for at least 6 months; Or
  • Be in receipt of certain benefits or funds; and
  • Meet and provide evidence listed in Appendix FM-SE.

If you were granted your Leave to Enter before 11 April 2024, please read the ‘Minimum Income Requirement’ section above or contact us for further information.

Documents Required to Support the Application

You will need to provide evidence to support the application for permission to enter or remain in the United Kingdom based on marriage to a serving member of HM Forces.

You can view our guide to evidence require here:  Evidence Guide

Application Process

Please note, we would strongly suggest you contact the Immigration Team for support before submitting an application.

Home Office Fees

Indefinite Leave to Remain – £2885

We are currently seeing applications come back with a decision anywhere between 8 weeks and 16 weeks from attending the VAC appointment. The stated time is 24 weeks.

Entry clearance as a fiancé or proposed civil partner
Entry clearance as a fiancé or proposed civil partner

When entering the UK as a partner of a serving member of the Armed Forces, it is important to understand the immigration rules definition of a “partner”. In order to be eligible to enter as a partner you must be:

  • Married or in a civil partnership to the serving member or
  • The fiancé(e) or proposed civil partner of the serving member or
  • You must have been living together with the serving member in a relationship akin to a marriage for at least two years prior to the date of the application.

 

What is a Fiancé(e) or Proposed civil partner visa under Appendix HM Forces?

This visa will enable you to enter the UK in order to marry your UK partner who is a serving member of the Armed Forces and is British or is ‘present and settled’ which includes those “Exempt from Immigration Control” as a member of the Armed Forces. It is only valid for 6 months. You will be expected to have married during this time and then will have to apply for a ‘further leave to remain’ visa under Armed Forces rules. It can eventually lead to Indefinite Leave to Remain (ILR).

 

Fiancé(e) Visa Requirements

The fiancé(e) visa requirements are that:

  • You are outside the UK
  • You are the fiancé(e) or proposed civil partner of a serving member of the Armed Forces and you are seeking entry to the UK to enable your marriage or civil partnership to take place
  • You and your partner must be:
    • Both over 18 years of age
    • Not within a prohibited degree of relationship see here
    • Must intend to live together permanently in the UK, and
    • Must have met in person
    • In a relationship that is ‘genuine’ and ‘subsisting’
  • You must not be in a marriage or civil partnership with another person.
  • You must not be closely related. See Marriage Acts 1949 for further information.
  • You meet the English language requirement
  • If applying from certain countries outside the UK, have a TB Test to prove they are clear of TB.
  • You meet the financial requirements
  • You must show that there will be adequate accommodation for when you arrive in the UK, as well as for any dependants that you may have
  • You do not fall under Part 9: Grounds for refusal

 

Leave to Enter under Fiancé(e) Visa

Entry clearance for a fiancé or proposed civil partner will be granted;

  • Leave in the UK for 6 months
  • No recourse to public funds
  • Inability to work

 

Application Process

Please note, we would strongly suggest you contact the Immigration Team for support before submitting an application.

Home Office Fees: Fiance or Proposed Civil Partner – £1846

 

Getting Married in the UK

See the information on how to get married or enter a Civil Partnership in the UK. Migrants who wish to give notice at a non-designated register office will need to provide evidence that they are not subject to immigration control, that they meet other existing requirements for giving notice e.g. evidence of nationality, name and surname and date of birth, and that they are free to marry.

 

Next Steps

Once married, an applicant will be able to apply for leave to remain as a partner. Such applications need to be made before the expiry of leave as a fiancé(e). To make an application, an applicant does not need to leave the UK and re-enter as a spouse. The application can be made from within the UK.

Case example

Thomas is a PO who was assigned to Norfolk, Virginia USA for two years. Whilst he was there he met and fell in love with Diane who worked at the Naval Base. Prior to his return to the UK, Thomas proposed to Diane and she was thrilled and accepted the proposal. Thomas returned to the UK to his new assignment to RAF Marham and the couple managed their relationship from a distance via Skype, telephone calls, letters and a visit back to the USA during the Christmas leave period.

Thomas and Diane want to move their relationship forward and to set a date for the wedding.

The couple look at Diane’s visa options to settle in the UK and identify three possible options.

Disclaimer: The options identified below are for illustration purposes and are in no way intended to persuade or direct someone on a particular pathway.

Option 1

Diane applies for entry into the UK as a Fiancé(e) or Proposed civil partner visa under Appendix AF and set a date for the wedding to ensure that they are married no later than the fifth month of the six month visa that is issued. This then ensures that they have enough time to put together the next application for ‘further leave to remain’ in the UK. On a successful application for further leave to remain, in accordance with Appendix Armed Forces of the Immigration rules, Diane is issued 5 years leave to remain and is not required to pay the Immigration Health Surcharge.

 

Cost of this route =

  • Initial Fiancée visa – £1538
  • Flight to UK
  • Application for Limited Leave to Remain after the marriage – £1048
  • Biometric Residence Permit (BRP) – £19.20
Option 2

Diane applies for a Marriage Visitor visa. This visa allows her to enter the UK in order to get married but does not allow her to switch into a visa in order to settle in the UK. Diane would come to the UK for the marriage and this must be within the allocated 6 months of the Marriage Visitor Visa and then she would have to return to the USA and consider applying for entry clearance into the UK as the partner of a member of HM Forces under Appendix AF of the United Kingdom’s Immigration Rules. Diane is then issued 5 years leave to remain and is not required to pay the Immigration Health Surcharge.

 

Cost of this route =

  • Flights to UK to get married
  • Marriage visitor visa – £100
  • Flight to USA
  • Application for Limited Leave to Enter UK – £1538
  • Biometric Residence Permit (BRP) £19.20
  • Flight to UK
Option 3

Diane gets married to Thomas in the USA and then submits an application for entry clearance into the UK as the partner of a member of HM Forces under Appendix AF of the United Kingdom’s Immigration Rules. Diane is issued 5 years leave to remain and is not required to pay the Immigration Health Surcharge.

 

Cost of this route =

  • Return flights to USA for Thomas to get married
  • Application for Limited Leave to Enter UK – £1538
  • Biometric Residence Permit (BRP) £19.20
  • Flights to UK
Children’s applications
Eligibility Requirements for Children

There is no route within Appendix HM Forces for family members to remain in the UK if they entered on a visit visa. Your child will need to return to their home country and apply for entry clearance.

It is your responsibility to read the Immigration Rules to ensure you meet them. You can find the full HM Forces Immigration Rules here.

Please note that all children must make separate applications (and pay a fee for each application) to enter the UK, even if they are travelling with a parent.

A ‘child’ is defined through their relationship with the sponsor parent, as set out in Appendix Children. It is your responsibility to read these rules and ensure your child is eligible. In summary, the rules state the child must;

  • Be under the age of 18 at the date of application.
  • Have suitable arrangements for the child’s care, including accommodation.
  • Be a child of a British citizen in HM Forces, including one who was naturalised after five years reckonable service, or;
  • be a child of a foreign or Commonwealth citizen serving in HM Forces or;
  • be a child of a discharged member of HM Forces, discharged within the two years immediately before the application, who has either been granted, or is being granted at the same time as the applicant.
The child must not:
  • be leading an independent life
They must also meet one of the following:
  • Their other parent must have been granted leave or be being granted at the same time as the applicant, on the same route (HM Forces); or
  • Parent is exempt from immigration control; or
  • Parent is settled; or
  • Parent is a British citizen; or
  • Their other parent has died; or
  • Their parent has sole responsibility for the child’s upbringing
  • the sponsor parent in HM Forces must have sole responsibility for the child’s upbringing.
  • there are serious and compelling family or other considerations which make the applicant’s exclusion from the UK undesirable and suitable arrangements have been made for their care.
Child applicants over the age of 18

Children of serving members of HM Forces who are aged 18 or over will only qualify under the armed forces rules for leave to remain or settlement in the UK if they last held leave as the child of a member of HM Forces under Appendix Armed Forces (before April 11 2024) or Appendix HM Forces after Aprill 11 2024.

Please refer to the appropriate sub-sections (Further Leave to Remain or Indefinite Leave to Remain) to read more detailed information about these applications.

Financial requirements
  • Must have a gross annual income of £23,496 – held for at least 6 months; Or
  • Be in receipt of certain benefits or funds; and
  • Meet and provide evidence listed in Appendix FM-SE.

For most RN and RM personnel and families, this means they will be eligible to apply 1 year after entering training.

Accommodation requirement   

Must not be overcrowded or contravene public health regulations. Please see Caseworker Guidance here (page 19 onwards) for further information.

Period and conditions of grant for entry clearance
  • Limited Leave to Enter visa will be granted for whichever is shorter of:
    1. (a) 5 years; or
    2. (b) the remaining duration of the applicant’s parent’s enlistment;
  • For example, if you have 2 years left to serve, your child will only be granted until your current date of discharge.
    1. (c) the remaining duration of the applicant’s other parent’s leave;
  • For example, if your child joins their other parent and the Serving Person later in the UK, they will only be granted until the expiry of their non-serving parent’s leave.
Immigration Health Surcharge (IHS)

Family members of a serving member of HM Forces are exempt  from paying the Immigration Health Surcharge. If you are a partner of a serving member of HM Armed Forces and have been inadvertently charged for the IHS please contact the Naval Families Federation to discuss the possibility of a refund.

Documents Required to Support the Application

You will need to provide evidence to support the application for permission to enter or remain in the United Kingdom based on marriage to a serving member of HM Forces.

You can view our guide to evidence require here:  Evidence Guide

Application Process  – Entry Clearance only

Please see our information below on the application process.

The application process has three main ‘stages’;

  • Stage 1 is the online application. This application costs £1846. At some VAC there is a standing charge. This is variable to each VAC. In some cases, free appointments are still available. Please feel free to discuss this with us.
  • Stage 2 is to book an appointment at the Visa Application Centre. Ensure that you leave plenty of time between submission of the online application and this appointment to do the next stage.
  • Stage 3 is attending the VAC appointment and submitting all your supporting documents. These should uploaded by 48 hours prior to the appointment as the upload portal may close at this stage.

Important note: You cannot enter the UK on a visit visa if you are planning to settle as you will not be able to switch onto a dependant’s visa once in the UK.

Important note: You must travel to the UK within 90 days of the validity of the visa. If you cannot travel within this time you will need to apply for a replacement biometric card.

All first time applicants need to apply for limited leave to enter using the online form.

Please note, we would strongly suggest you contact the Immigration Team for support before submitting an application.

Application Process – Indefinite Leave to Remain
Eligibility Requirements

The child must meet the eligibility requirements set out at the top of this subsection.

Validity requirements
  • Must apply using form; “SET AF”
  • Must have paid required fee (£2885).
  • Applicant (s) must enrol biometrics when required.
  • Application (s) must provide passport which establishes nationality.
  • An application which does not meet validity requirements may be rejected an invalid and not considered.
Qualifying Periods
  • Applicant must have completed 60 months of continuous residence with permission under Appendix HM Forces; or
  • The 60 months qualifying period can be met with periods of time spent as a continuous resident on any other route to settlement as long as they were on this route for a minimum of 12 months immediately before the date of application.
  • Applicant must meet conditions in Appendix Continuous Residence.
Financial requirements

The sponsor (Serving Person) must meet the eligibility requirements set out at the top of this subsection.

Documents Required to Support the Application

You will need to provide evidence to support the application for permission to enter or remain in the United Kingdom based on marriage to a serving member of HM Forces.

You can view our guide to evidence require here:  Evidence Guide 

Please note, we would strongly suggest you contact the Immigration Team for support before submitting an application.

Home Office Fees

Limited Leave to Enter – £1846

Indefinite Leaver to Remain (Settlement) – £2885

We are currently seeing applications come back with a decision anywhere between 8 weeks and 16 weeks from attending the VAC appointment. The stated time is 24 weeks.

Visit Visas

In order for someone to visit you in the UK, if they are a Non EEA national (stand by for changes after Brexit), they will need a visa to do this. If they are a national of certain countries, they will need to apply for a UK Visitor Visa prior to departure. These are known as “Visa-Nationals” (for a full list  look at “Appendix 2 Visa Nationals List”). They are a Non-Visa National if they are not from one of the countries on that list and these include countries such as the USA and Canada. In most cases Non-Visa Nationals may apply for leave to enter as a visitor on arrival at the UK border although in some cases it would be wise to apply such as:

  • They have previously been refused UK visas
  • The applicant (the person applying) wants better peace of mind and does not want to risk being refused when they arrive at a UK airport!

 

UKVI Definition of a Visitor

‘A visitor is a person who is coming to the UK, usually for up to six months, for a temporary purpose, for example as a tourist, to visit friends or family or to carry out a business activity.

Visitors cannot work or study in the UK unless this is allowed by the permitted activities that are set out in these Visitor Rules.’

Click here for the full rules.

 

Applying for a Visit Visa

It is becoming increasingly more difficult to obtain a visitor’s visa and this is affected by a number of different factors such as immigration history, nationality and country of residence, ties to the home country, personal ties and a whole list of other factors. A significant amount of documentary evidence is now required to prove that the person visiting you has an intention to return to their home country on completion of their visit and within the guidelines of their visa.

 

For all Visa-Nationals and Non-Visa Nationals who wish to apply before they travel, the application must be done online. Click for the application form.

 

Documentary Evidence Required

The “Burden of Proof” is your responsibility and not the Home Offices therefore it is essential that you provide credible evidence that you intend to abide by the visitor rules. You must ensure that any evidence that you submit:

  • Is verifiable – if your evidence can’t be authenticated by an independent person or agency then your credibility may be doubted.
  • Is In English or Welsh – If not you must provide a translation by a translator that can be verified by the Home Office
  • Should be originals not photocopies
  • It is your responsibility to make sure that you submit the best documents to support your application. The Home Office can refuse your application rather than ask you to send in further information.

 

The main requirements that they will need to prove are:

  • They are able to support themselves financially whilst in the UK
    e.g. Bank statements and proof of earnings – a letter from their employer
    **There is no set level of funds required for an applicant to show this.
    If you are the sponsor and you are providing financial support, then you will need to supply a letter confirming your relationship with the visitor and you will need to provide bank statements and payslips to prove that you have enough money to support them. Please see our information pages for financial support matters.
  • They have somewhere to stay
    The sponsor (serving person or spouse) will need to provide proof that the visitor can stay in the quarter. See below for further information.  If you live in your own house, you should provide the address and a letter confirming that they are able to stay with you.
  • They intend to return home at the end of their visit 
    This is the most difficult one and is the reason most visit applications are refused. They will need to provide as much evidence as possible of their personal circumstances in their home country e.g. family/employment/studies/financial circumstances. If they have stated on the online form that they have an income in their home country, they will need to provide evidence to prove this. If they don’t, the application will be refused. It is strongly recommend that you read the guidance about ‘genuineness and credibility’ on pages 16-19.

 

For Guidance on Supporting Documents
  • Visiting the UK  
  • In addition, whilst this is not a requirement, it is advisable for the visitor to provides a supporting statement/covering letter with the application to explain the purpose of travel and to give detail of their circumstances in their home country. However, it is essential that anything you write in this statement can be backed up with evidence in the form of supporting documents i.e. “if you say it – prove it!”
  • UK visit visa template letters: Detailed & Generic
Home office Fees

Visa application fees increased on 4th October 2023. The new fees are detailed below. 

Visit Visa (visiting the UK for up to 6 months) – £115 

Visit Visa FAQs

What can I do if the visa is refused?

There is a limited right of appeal for visit visas, you may re-apply at any time (unless the application was refused under general grounds, which restricted your return to the UK). You must ensure that the reasons why your previous application was refused are fully addressed, either through written explanation and/or submitting additional documents.

Staying in Service Families Accommodation (SFA)

The rules for visitors staying in SFA are governed by JSP 464, Part 1 which states;

Visitors: Occupants may have visitors in addition to the permitted occupants to stay at the property on a temporary basis only. These visits are to be no more than 28 days (aggregated or continuous) in any 93-day period unless permission has been obtained from DIO in consultation with the Local Service Commander.

 

You must apply in writing, to the Housing Allocations Service Centre (HASC) (or local housing allocation office if serving abroad). You need to include the following information in your letter:

  • Serving person’s name, Unit
  • Address of SFA
  • Full name and date of birth of your visitors
  • Reason for visit and length of stay.

 

There have been a number of cases where DIO Service Delivery Accommodation has refused to allow a visitor to stay for longer than 28 days. If your request has been refused, you should raise it through your chain of command in the first instance.

Access to Healthcare

You should ensure that all visitors are covered through medical or travel insurance prior to travel. NHS secondary care is charged at 150% of the standard NHS rate if you are from a non-EEA country and is therefore expensive and failure to pay an NHS debt can result if future immigration applications being denied.

 

Click here for further information.

GP / Primary Care Treatment

GPs have discretion to accept any person, including overseas visitors, to be either fully registered as a measure of an NHS patient, or as a temporary resident if they are to be in an area for between 24 hours and three months.

 

No registration application can be refused on the grounds of race, gender, class, age, religion, sexual orientation, appearance, diversity or medical condition.

 

In reality, this means that the practice’s discretion to refuse a patient is limited. There is no minimum period that a person needs to have been in the UK before a GP can register them. Furthermore, GPs have a duty to provide free of charge treatment, which they consider to be immediately necessary or an emergency, regardless of whether that person is an overseas visitor or registered with that practice.

Visitors for Deployment Support / Childminding

The visit guidance states:

“Where a family member is coming to look after a child in the UK, this is permitted provided it is for a short visit and does not amount to the relative being employed as a child-minder. You must be satisfied that the visit is of a short duration and the relative is a genuine visitor.”

 

So it is possible to come to help look after a child during a serving person’s deployment, for example to provide emotional and practical support to a spouse. It is important to remember that the duration of the visit visa is 6 months. Some Naval deployments can exceed this so please take this into account. It is unlikely that the Home Office will allow family members to come over on a regular basis to look after the children of single service personnel.  It would be expected, in such circumstances, that the serving person would have made other UK-based arrangements for the care of their children.

Extending visit visas

A standard visitor and a visitor for marriage or civil partnership, who was granted a visit visa or leave to enter for less than six months may be granted an extension of stay as a visitor so that the total period they can remain the UK (including both the original grant and the extension of stay) does not exceed six months. An application will need to be made using form FLR(IR) and the full cost paid.

 

UKBA guidance makes it clear that visas issued for six months can only be extended in compassionate circumstances, for example the illness of a close relative. For all other cases, it would not be advisable to make an application to extend, you should leave the UK and return at a later date.

Frequent and Successive Visits

Information taken from the Visit Guidance found on page 17 here states

“There is no specified maximum period which an individual can spend in the UK in any period such as ‘6 months in 12 months’. However, if it is clear from an individual’s travel history that they are making the UK their home you should refuse their application”.

 

The Home Office caseworker will check

  • The purpose of the visit and intended length of stay stated
  • The number of visits made over the past 12 months, including the length of stay on each occasion
  • The time elapsed since the last visit, and if this amounts to the individual spending more time in the UK than in their home country
  • The purpose of return trips to the visitor’s home country and if this is used only to seek re-entry to the UK
  • The links they have with their home country
  • Evidence the UK is their main place of residence, for example
    • if they have registered with a GP
    • send their children to UK schools
  • The history of previous applications, for example if the visitor has previously been refused under the family rules and subsequently wants to enter as a visitor, you must assess if they are using the visitor route to avoid the rules in place for family migrants joining British or settled persons in the UK.
Posted on: 8th September, 2020
Updated on: 16th May, 2024