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Hm Forces

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I read a statement a while back saying there will be easier rules and changes in regulation for service personnel (Army, Navy & RAF) with regards to visas / permits etc. has anyone seen anything like this come through yet?

Entry Clearance Guidance; Armed Forces

Immigration Rules, paras 276E to 276Q, HM Forces

As shown in 7/7's link to the ECG shows, serving members of the UK armed forces are EXEMPT from immigration control, that means that they don't need or have Leave to Enter or Remain, for as long as they are in service. What is supposed to happen upon discharge is that the unit commander sends a notification to UKBA, who then should send a letter to the individual concerned inviting them to apply within 28 days for LTR in whatever capacity they might be qualified for. The quaint little backwater in Croydon that was supposed to do this sometimes didn't, or had no record of sending the letter, so that when an ex-soldier was picked up by the police as a suspected illegal, if it couldn't be proved that he'd had the letter we couldn't knock him off as an overstayer.

One thing I hadn't noticed before was the requirement in the Rules for someone applying for ILR after 4 years' service:-

"(iv) on the date of application has leave to enter or remain in the United Kingdom."

So they can't jump straight into ILR from discharge, but have to apply for something else first, if only as a visitor. Not sure how that works.

  • Author

My god this is confusing, I thought (Mistakingly) i would try and work this out a quick cupa T. I shall look into this slowly. On first glance I wonder what it all means, I hope in there somewhere it would give ma a route to ILR with out huge costs involved...

fingers crossed

Thank you both for your direction, its been a while since i had my head in the UKBA directives.

As said to you in your other topic, because your wife entered the UK with an EEA family permit she does not apply for ILR; she applies for Permanent Residence under the EEA regulations.

Applications made under the EEA regulations are free.

As both your topics are essentially about the same thing I am closing this one to avoid confusion and repetition.

Members who wish to respond will find that other topic here.

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