Changes for UK Armed Forces dependants from December 2013

[ThaiVisaExpress]

From 1st December 2013, the rules for Forces dependants fall pretty much into line with the rest of the requirements for Family Migration :

https://www.gov.uk/government/speeches/armed-forces-family-migration

With effect from 1 December 2013, the following rules will apply to Armed Forces families:

· Service personnel who wish to sponsor their non-EEA dependants to enter or stay in the UK must meet a minimum income threshold of £18,600 for a partner, £22,400 for a partner and child and £2,400 for each additional child.

· A basic English language requirement will also apply to all non-EEA partners seeking to enter or stay in the UK. This will be in line with the current such language requirement which applies to the partners of civilians and of serving British personnel.

· Non-EEA partners of British and of Foreign and Commonwealth citizens serving in HM Forces will serve a five year probationary period before being eligible to apply for settlement.

· To qualify for settlement, non-EEA partners and children between the ages of 18 and 65 will have to demonstrate a knowledge of language and life in the UK. This will involve passing the Life in the UK test and holding an intermediate level English language speaking and listening qualification. This is a new, more robust, requirement which is being introduced across the immigration system from 28 October 2013 (as set out in the Home Office Statement of Intent on Knowledge of Language and Life in the UK for Settlement and Naturalisation published on 8 April 2013 and available at:https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/182545/statement-of-intent-koll.pdf). Dependants of serving British citizens, most of whom are already subject to a knowledge of language and life in the UK requirement, will switch to the new requirement from 28 October. Dependants of Foreign and Commonwealth citizens serving in HM Forces, who are not currently subject to the requirement, will be required to meet it from 1 December.

The new Armed Forces Family Rules take full account of the principles set out in the Armed Forces Covenant, which states that service personnel and their families should face no disadvantage as a result of service. Accordingly, the new Rules will incorporate the following provisions specifically designed to accommodate overseas postings:

· Applications may be made from overseas for all categories of leave under the Armed Forces Rules.

· The duration of a settlement visa under the Armed Forces Rules will be extended to 5 years to enable a dependant to apply for settlement without having to renew their initial visa. This will remove the financial disadvantage currently faced by those who are overseas where application fees are more expensive than in the UK.

· Time spent overseas on an accompanied posting will be regarded as time spent in the UK for the purpose of calculating the residence required for settlement.

The new Rules will also remove some further anomalies and practical obstacles inherent in the current Rules. Where a serving Foreign and Commonwealth member of HM Forces naturalises as a British citizen, their family will be able to continue to progress to settlement; they will no longer need to switch immigration route because their sponsor’s immigration status has changed. Bereaved non-EEA partners of Foreign and Commonwealth citizens serving in HM Forces will be treated in the same way as bereaved partners of British personnel and will be able to apply for settlement immediately if the sponsor dies in service, even if the death is not directly attributable to service. And alongside the new Rules, we will deliver faster grants of settlement for service personnel on discharge, count reservist time on deployment towards residency requirements in the applicant’s substantive immigration status, and introduce an Armed Forces specific application form to facilitate identification and processing of applications from the Armed Forces community.

Transitional arrangements will apply to family members who already hold valid leave as a dependant of a service person, and to those who submit an application before 1 December 2013. These are set out in full in thestatement of intent. Taken together, these measures form a balanced set of provisions which reflect our overall approach to delivering a robust and sustainable immigration system, while taking account of the particular circumstances of the Armed Forces community.

[Jay Sata]

• At least they won't have a problem with the income threshold.

[Stanaris]

Just out of curiosity and please do not call me ignorant.

The direction this government is taking on Immigration (and I must say that I agree with them) with these guidelines controlling Families/partners from outside of Europe.

Could this in any way be leading to similar controls regarding Europeans?

I am aware of the freedom of movement but I still wonder what this governments plan is after this round of controls

[7by7]

The EEA freedom of movement regulations are a result of a treaty between the EU and EFTA, which formed the EEA.

If any signatory country, e.g. the UK, wanted to unilaterally withdraw from the treaty and so restrict freedom of movement rights of other EEA nationals then that country would have to leave the EU or EFTA, whichever is appropriate.

What many people who complain about EEA immigration into the UK often forget is that the flow goes the other way; lot's of British nationals take advantage of the treaty to live and work or retire in other EEA states; although I grant that more probably come in than go out.

[7by7]

Back on topic; another kick in the teeth for armed forces personnel who having served this country are now being made redundant in droves.

How will the government apply the minimum income to the personnel they've made redundant?

Tell them that as they're now unemployed, tough; you don't earn enough?

It seems that having told them that their services are no longer required the government are also telling them that if they had the temerity to marry someone outside the EEA, tough.

[evadgib]

Given the numbers of Veterans with Non EEA spouses i'd have expected a paragraph or 2 of interest to them. What's the difference between "Married accompanied overseas" & being contractually obligated* to HM reserve on completion of engagement until 60 while living abroad?

(*Punishable by legal action at the time of the Iraqi invasion but cheaper these days to remove people from the reserve unless/until they return to live in UK/EU).

Just my 2p

Edited July 7, 2013 by evadgib