Guidance

Armed forces (ARF)

Published 11 December 2013

1. ARF1 Who is exempt from the immigration control?

Section 8(4) of the immigration act 1971 exempts from immigration control certain members of armed forces. A person is to be regarded as exempt from control (except for the provisions relating to deportation) so long as he is:

• a member of the home forces (HM Forces) subject to service law (Royal Navy, British Army or Royal Air Force); or
• a member of a Commonwealth force or a force raised under the law of an associated state, colony, protectorate or protected state who is undergoing or due to undergo training in the United Kingdom with any body, contingent or detachment of the home forces including NATO forces; or
• serving or posted for service in the United Kingdom as a member of a visiting force including NATO forces; or
• someone posted for service as a member of an international headquarters or defence organisation.

Only serving members of armed forces can be exempt from control under section 8(4).

2. ARF2 Who is not exempt from the immigration control?

Dependants of members of the armed forces are not exempt from immigration control, however dependants of military personnel of NATO and Commonwealth countries (or those who also qualify under section 8(4) of the Immigration Act 1971) posted for service in the UK are exempt from the requirement to provide biometrics as a matter of policy. This exemption does not apply when the applicant is a dependant of an armed forces member coming to the UK for training.

3. ARF3 Are dependants of members of HM armed forces exempt from the requirement to provide biometrics?

No, dependants of members of HM Armed Forces are required to provide biometrics.

4. ARF4 Foreign armed forces members coming to the UK for training or familiarisation courses (Course F)

Armed forces who are not exempt from immigration control who are invited to undergo training in the UK provided by H.M. Forces (this can be in tandem with attendance at a UK University but will be endorsed by the MOD or military Unit) or invited to become familiarised with military equipment being supplied by British firms, overseen by the MOD are subject to immigration control but are not required to seek entry under the points based system. In all cases such individuals should be able to supply evidence from a UK based MOD / HM Forces sponsor demonstrating their requirement to be in the UK.

5. ARF4.1 What is the Endorsement:

The visa endorsement for members of Foreign armed forces visiting the UK to attend training or familiarisation courses:

D: COURSE F Code 3 for LTE (up to 6 months)D: COURSE F Code1 for LTE (over 6months)

6. ARF4.2 What is the fee:

See our visa application fees page.

7. ARF4.3 How do applicants enter the UK to enlist in HM Forces?

From 11 July 2013 the Ministry of Defence requires all Commonwealth nationals seeking to enlist in HM Forces to demonstrate that they have lived in the UK with valid leave for a minimum of 5 years immediately prior to commencing the recruitment process.

The only exceptions to this requirement will be those individuals who hold evidence from the Ministry of Defence dated prior to 11 July 2013 of either:

• a written valid job offer,
• confirmation of a training place,
• a confirmed date to attend an assessment centre, or
• a confirmed date to attend a psychometric test (RAF and Navy only).

Applications from those seeking entry to the UK solely on the basis that they are either seeking to commence or progress through the recruitment process will fall to be refused unless the residency requirement is met. For example, students who have previously held lawful leave and studied in the UK for over five years but have recently returned home for a short holiday may qualify if they have obtained one of the documents outlined in the above paragraph whilst in the UK.

Once the applicant has been enlisted into HM Forces, they should submit their passport to us with a covering note from the military unit - no application form is required. When submitted, the passport of the person should be endorsed with suspension of any limited leave to enter or remain.

8. ARF5 What are the requirements for settlement for former members of HM armed forces?

The requirements for indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM armed forces (see paragraph 276L) are that:

1. the applicant has completed at least four years’ service with HM Forces; and
2. was discharged from HM Forces on completion of engagement; and
3. was not discharged from HM Forces more than 2 years prior to the date on which the application is made; and
4. holds a valid United Kingdom entry clearance for entry in this capacity.

9. ARF6 Requirements for settlement in the UK as the spouse / civil partner/ unmarried partner/ same sex partner of a foreign or Commonwealth citizen who is a member of HM armed forces

If the foreign or Commonwealth sponsor has completed 5 years continuous service as a serving member of HM armed forces their spouse / civil partner/ unmarried partner / same sex partner may qualify for settlement if they meet the relevant requirements of paragraphs 276R and can be granted ILE if they satisfy these conditions.

• the applicant is married to, or the civil partner, unmarried or same-sex partner of, a person present and settled in the United Kingdom or who is being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service; and
• the parties to the marriage, or civil partnership or relationship akin to marriage or civil partnership have met; and
• the parties were married or formed a civil partnership or a relationship akin to marriage or civil partnership at least 2 years ago; and
• each of the parties intends to live permanently with the other as his or her spouse, civil partner, unmarried or same-sex partner; and
• the marriage, civil partnership or relationship akin to marriage or civil partnership is subsisting; and
• the applicant holds a valid United Kingdom entry clearance for entry in this capacity. (see ARF 8 for interpretation of present and settled).

For further details on settlement for HM armed forces and their dependants see IDI chapter 15 section 2A - Persons seeking settlement: HM forces.

10. ARF7 Do members of HM armed forces discharged from service or their spouses / civil partners have to pass the KOL or the English language requirement?

They will not have to meet the KOL or English Language requirement if they are applying for settlement as:

• a Foreign and Commonwealth citizen on discharge from HM Forces (including a Gurkha);
• the husband, wife or civil partner of a Foreign and Commonwealth citizen on discharge from HM Forces (including a Gurkha).

11. ARF8 What are the requirements for LTE for spouse / civil partner/ unmarried partner/ same sex partner of a member of HM armed forces?

Dependants of HM armed forces members are not exempt from control and need to apply for LTE. Their period of leave should be granted in line with the period of enlisting for the sponsor, or 4 years whichever is shorter (see paragraph 276AD-276AH).

If the sponsor is a member of HM armed forces, leave to enter is to be granted as the dependant of a sponsor who has less than 4 years’ service remaining, an additional 28 days should be added to the dependant’s leave (in other words, leave will not expire until 28 days after the final date of discharge of the sponsor).

Please note: dependants of HM armed forces who are intending to enter the UK with a view to settle should not be issued visit visas but leave should be granted as according to above, if however they apply for a visit visa they must demonstrate their intention to leave the UK as according to paragraph 41 (ii).

12. ARF9 What does present and settled mean for applications as the spouse / civil partner / unmarried partner / same sex partner of a foreign or Commonwealth citizen who is a member of HM armed forces or international armed forces who is exempt?

For application under paragraph 276R (ILE), 276AD (LTE), the Rules should be interpreted to mean that the serving member of the HM armed forces is no longer required to be in the UK on the date leave is granted however the intention to live together would still need to be met.

13. ARF10 What are the requirements for leave to enter as the child of a member of HM armed forces?

• He is the child of a parent who is an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971; and
• he is under the age of 18 or has current leave to enter or remain in this capacity; and
• he is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and
• he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
• he will not stay in the United Kingdom beyond the period of his parent’s enlistment in the home forces, or posting or training in the United Kingdom; and* the parent he is accompanying or joining is his sole surviving parent; or
• the parent he is accompanying or joining has had sole responsibility for his upbringing; or
• there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care.

14. ARF11 Do the child’s parents need to be present and settled in the in the UK for applications under paragraph 276AG?

For applications under paragraph 276AG for LTE the rules should be interpreted to mean that the non-serving parent is no longer required to be in the UK however they must have LTE the UK on the date of application. This means children can now enter the UK to study whilst both parents are overseas.

15. ARF12 Can children over the age of 18 qualify as dependants of members of HM armed forces who are exempt from control?

Applications as a child dependant (18 years old or over) of an armed forces member who is exempt from Immigration Control can be considered if there are compelling and compassionate circumstances. Posts need to refer the application by completing the relevant pro forma and forwarding it to RCU at UK Border Agency for a decision. See OPI 225 for full details on the referral / deferral process.

16. ARF13 How can dependants of members of HM armed forces transit the UK to join sponsor on their posting overseas?

Dependants of HM armed forces personnel required to transit the UK in order to travel to join their sponsor overseas should apply for a general visit visa to transit the UK.

17. ARF14 What documents do the dependants of members of HM armed forces need to provide?

Dependants of HM armed forces and those exempt must, first and foremost, be able to show that they are the spouse, civil partner, unmarried partner, same-sex partner or child of a member of the armed forces (the ‘sponsor’) in case of children, original birth certificates, adoption papers, etc should be supplied with the application and should be requested if not supplied.

18. ARF15 What documents does the sponsor need to provide?

If the sponsor is a member of HM armed forces, they will need to provide:

• a letter from their sponsor’s Unit confirming the date of their enlistment and their expected final date of service with HM Forces;
• a letter from the unit referred to above. If the letter is not recent (dated within the last 6 months), caseworkers may wish to contact the unit concerned, to ensure that the service details provided remain valid and:
• evidence of their marriage or civil partnership (including the original marriage certificate or civil partnership certificate.

19. ARF15.1 What is the Fee for HM armed forces dependants

Dependants of HM armed forces pay the settlement fee. See visa fees page.

19.1 ARF15.2 What is the Endorsement?

D: Spouse/ CP of exempt member of HM armed forces Code 1 LTE (for up to 4 years)

D: Child of exempt member of HM armed forces Code 1 LTE (for up to 4 years)

20. ARF16 Can international armed forces members who are exempt from UK immigration control qualify for settlement?

No, those who fall into this category are not eligible for settlement.

21. ARF17 What documents do members of international armed forces who are exempt need to provide?

A letter from the sponsor’s unit or employer confirming the start date of their training, posting, or service in the United Kingdom and the expected end date of this period of training, posting or service in the UK.

22. ARF17.1 What are the requirements for LTE as the spouse / civil partner/ unmarried partner /same sex partner /child of members of international armed forces?

Dependants of international armed forces members are not exempt from control and need to pay the long term visa fee. Their period of leave should be granted in line with the period of enlisting of the armed forces member or 4 years whichever is shorter (see para 276AD - 276AH) an additional 2 months should be added to the dependant’s leave. (see ARF 8 for interpretation of rules).

23. ARF17.2 What is the fee?

Dependants of international armed forces pay the long term visa fee see our visa fees page.

24. ARF17.3 What is the endorsement?

D: Spouse / CP of exempt member of armed forces Code 1 LTE (for up to 4 years)

D: Child of exempt member of armed forces Code 1 LTE (for up to 4 years)

25. ARF18 What documents do the dependants of members of international armed forces need to provide?

• The applicant must show the original marriage or civil partnership certificate and evidence that the sponsor is exempt.
• The ‘exclusive’ accommodation Rule is not a requirement if the accommodation is owned by the sponsor and / or his dependants.
• A letter from the sponsor’s unit or employer should normally be sufficient evidence that the spouse or civil partner do not intend to stay in the UK beyond their sponsor’s period of enlistment in HM Forces, training or posting in the UK.

Or - where the applicant is an unmarried or same-sex partner of an exempt armed forces member - evidence that:

• any previous marriage, civil partnership or relationship akin to a marriage by the applicant or the exempt armed forces member must have permanently broken down; and
• the applicant and the exempt armed forces member must not be so closely related that they would be prohibited from marrying each other in the UK; and
• the applicant and the exempt armed forces member must have been living together in a relationship akin to a marriage or civil partnership for a period of at least 2 years.

The couple should intend to live together during the applicant’s stay in the UK and the marriage, civil partnership or relationship akin to a marriage or civil partnership must be subsisting. Unless there is particular reason to think otherwise, the applicant’s ability to produce the letter from the sponsor’s Unit or employer, in support of their application, should normally be regarded as satisfactory evidence of this.

ECO’s will also have to allow for circumstances where it is unreasonable to expect cohabitation, such as where the sponsor is posted on an overseas mission as ‘married unaccompanied’, normally due to the risks involved or the limited availability of suitable accommodation.

There needs to be adequate accommodation without recourse to public funds. Whether the accommodation is provided by the armed forces or the sponsor’s employer or rented (often with a subsidy from the sponsor’s employer), it must be occupied ‘exclusively’ by the sponsor and their dependants. If the accommodation is owned by the sponsor and / or his dependants, exclusive occupation is not a requirement.

The sponsor and their dependants must be able to support themselves without recourse to public funds.

26. ARF19 What documents are required if the sponsor is not a member of the HM armed forces but it exempt from control?

If the sponsor is not a member of HM armed forces but is exempt from UK immigration control on the basis of their armed forces training, posting or service in the UK (including NATO), or as a member of a designated international headquarters or defence organisation, they will need to provide:

• A letter from the sponsor’s unit or employer confirming the start date of their training, posting or service in the United Kingdom and the expected end date of this period of training, posting or service in the UK.If the letter is not recent (dated within the last 6 months) ECOs may wish to contact the sponsor’s army unit to check that the service details are still correct.

27. ARF20 What is completion of engagement?

On completion of engagement means that a person was discharged from the Armed Forces in the normal course of events, after completing the agreed period of service and has been issued with a Certificate of Service.

28. ARF21 Overseas military personnel visiting the UK

See nationals of the countries listed in the visiting forces act 1952, which can be downloaded from this page.