Immigration Rules Appendix HM Armed Forces

This route is for members of His Majesty’s (HM) Armed Forces discharging from service (‘service leavers’) who wish to come to or stay in the UK. Applications can be made up to 18 weeks prior to discharge.

Reference to a member of HM Armed Forces or a service leaver includes an applicant who was a member of HM Armed Forces but was discharged within the period of 2 years before the date of the application.

A partner or dependent child of a current member of HM Armed forces or of a service leaver can also apply on this route.

An application can be made from in the UK or overseas.

The HM Armed Forces route is a route to settlement.

Those serving in the Reserve Forces cannot apply on this route.

Requirements for an HM Armed Forces service leaver

Validity requirements for an application as an HM Armed Forces service leaver

AF 1.1. If applying from outside the UK, the applicant must apply online on the gov.uk website on the specified form “VAF AF”.

AF 1.2. If applying from in the UK, the applicant must apply online on the gov.uk website on the specified form “SET(AF)”.

AF 1.3. An application must meet all the following requirements:
1. (a) any required fee must have been paid; and
2. (b) the applicant must have provided biometrics, when required; and
3. (c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality.

AF 1.4. The applicant must be aged 18 or over on the date of application.

AF 1.5. An applicant applying for permission to stay must be in the UK on the date of application.

AF 1.6. An application which does not meet all the validity requirements for an HM Armed Forces service leaver may be rejected as invalid and not considered.

Suitability requirements for an HM Armed Forces service leaver

AF 2.1. The decision maker must be satisfied that the applicant should not be refused under Part 9: grounds for refusal.

AF 2.2. If the applicant is in the UK on the date of application, they must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail.

Eligibility requirements for HM Armed Forces

AF 3.1. For the purpose of this Appendix, “HM Armed Forces” means Regular service personnel in the Royal Navy, the Royal Marines, the Army (including the Brigade of Gurkhas) and the Royal Air Force, and does not include the Reserve forces.

Entry requirements for an HM Armed Forces service leaver

AF 4.1. An applicant seeking to come to the UK must apply for and obtain entry clearance as a HM Armed Forces service leaver before they arrive in the UK.

AF 4.2. An applicant must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Military Service requirements for an HM Armed Forces service leaver

AF 5.1. The applicant must have:
1. (a) completed at least 4 years’ reckonable service in HM Armed Forces; or
2. (b) met the medical discharge requirement in AF 6.1. or AF 6.2.

AF 5.2. “Reckonable service” means service which counts towards an applicant’s pension, and it starts from the first day of paid service in HM Armed Forces, if over 18 on that date, or from their 18th birthday, but does not include time when the applicant is:
1. (a) absent without leave (AWOL); or
2. (b) detained in military detention; or
3. (c) detained and serving a sentence in one of His Majesty’s Prisons (HMP), Young Offenders Institutions (YOI) or Youth Justice Board establishments (YJB); or
4. (d) on a career break; or
5. (e) on special unpaid leave, or
6. (f) on a career intermission; or
7. (g) on secondment; or
8. (h) on additional maternity leave or adoption leave over 40 weeks; or
9. (i) on additional shared parental leave over 40 weeks; or
10. (j) on unpaid parental leave.

AF 5.3. On the date of application:
1. (a) the applicant must be within 18 weeks of their discharge date; or
2. (b) the applicant must have been discharged from HM Armed Forces for less than 2 years; or
3. (c) in the case of an applicant who was medically discharged more than 2 years before the date of application, new information regarding their medical prognosis is being considered by the decision maker; or
4. (d) the applicant must have last been granted entry clearance or permission to stay as an HM Armed Forces service leaver.

Medical discharge requirement for a HM Armed Forces service leaver

AF 6.1. The medical discharge requirement for settlement as an HM Armed Forces service leaver is met if the applicant has been medically discharged from HM Armed Forces and either:
1. (a) the cause of the medical discharge was attributable to deployment on operations; or
2. (b) the cause of medical discharge was attributable to service and it is appropriate to grant settlement following consideration of:
  1. (i) the seriousness of the illness or injury; and
  2. (ii) 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; and
  3. (iii) 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
  4. (iv) the length of reckonable service in HM Armed Forces at the time of the applicant’s medical discharge.

AF 6.2. The medical discharge requirement for permission to stay as an HM Armed Forces service leaver is met if AF 6.1. does not apply, but the applicant has been medically discharged from service in HM Armed Forces, and:
1. (a) the cause of the medical discharge was attributable to service in HM Armed Forces; and
2. (b) before they can return to their country of origin it is appropriate to grant permission to stay to facilitate:
  1. (i) further medical treatment; or
  2. (ii) a period of recovery before they can travel.

Decision on an application as an HM Armed Forces service leaver

AF 7.1. If the decision maker is satisfied that the validity, suitability and eligibility requirements for settlement as an HM Armed Forces service leaver are met, the applicant will be granted settlement.

AF 7.2. If the decision maker is satisfied that the validity, suitability, and eligibility requirements for permission to stay, but not settlement, as an Armed Forces service leaver, are met, the applicant will be granted permission to stay.

AF 7.3. If the decision maker is not satisfied that the applicant meets the suitability and eligibility requirements for settlement or permission to stay the application will be refused.

AF 7.4. If the application is refused the applicant can apply for an Administrative Review under Appendix Administrative Review.

Period and conditions of grant for an HM Armed Forces service leaver

AF 8.1. Where the decision is to grant permission to stay, the applicant will be granted permission to stay for a period not exceeding 30 months and will be subject to such conditions as to work, study and access to public funds as the decision maker considers appropriate.

Partner or dependent child (“child”) of a member of HM Armed Forces or an HM Armed Forces service leaver

Validity requirements for a partner or child of a member of HM Armed Forces or of an HM Armed Forces service leaver

AF 9.1. If applying from outside the UK for entry clearance as a partner or child of a member of HM Armed Forces or of an HM Armed Forces service leaver, the applicant must apply online on the gov.uk website on the specified form “VAF AF”.

AF 9.2. If applying from in the UK for permission to stay as a partner or child of a member of HM Armed Forces or of an HM Armed Forces service leaver, the applicant must apply on the gov.uk website on the specified form: “Further leave to remain – Armed Forces”.

AF 9.3. An application as a partner or child of a member of HM Armed Forces or of an HM Armed Forces service leaver must meet all the following requirements:
1. (a) any required fee must have been paid; and
2. (b) the applicant must have provided biometrics when required; and
3. (c) the applicant must have provided a passport or other document that satisfactorily establishes their identity and nationality.

AF 9.4. An applicant applying for permission to stay must be in the UK on the date of application.

AF 9.5. An application which does not meet all the validity requirements for a partner or child of a member of HM Armed Forces or of an HM Armed Forces service leaver may be rejected as invalid and not considered.

Suitability requirements for a partner or child of a member of HM Armed Forces or of an HM Armed Forces service leaver

AF 10.1. The decision maker must be satisfied that the applicant should not be refused under Part 9: grounds for refusal.

AF 10.2. If the applicant is in the UK on the date of application, they must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail.

Eligibility requirements for a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver.

Entry requirements for a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 11.1. If applying from outside the UK, the applicant must apply for and obtain entry clearance as a partner or child of a member of HM Armed Forces or of an HM Armed Forces service leaver before they arrive in the UK.

AF 11.2. An applicant must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Relationship requirements for a partner of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 12.1. The applicant must be the partner of a person where that person:
1. (a) is a member of HM Armed Forces who is exempt from immigration control; or
2. (b) is at the same time applying for (and is being granted) permission to stay or settlement as a HM Armed Forces service leaver; or
3. (c) has permission granted under this Appendix or the previous Appendix Armed Forces; or
4. (d) is a British citizen, including one who naturalised after 5 years reckonable service, who is a member of HM Armed Forces or is an HM Armed Forces service leaver; or
5. (e) is settled providing the person had permission (or exemption from control) as a member of HM Armed Forces or as an HM Armed Forces service leaver before they were granted settlement.

AF 12.2. The requirements of Appendix Relationship with Partner must be met.

Relationship requirements for a fiancé(e) or proposed civil partner of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 13.1. If the application is for entry clearance and the applicant is a fiancé(e) or proposed civil partner:
1. (a) the applicant and their fiancé(e) or proposed civil partner must be aged 18 or over on the date of application; and
2. (b) the applicant and their fiancé(e) or proposed civil partner must have met in person; and
3. (c) the relationship between the applicant and their fiancé(e) or proposed civil partner must be genuine; and
4. (d) the applicant and their fiancé(e) or proposed civil partner must not be so closely related that they would be prohibited from marrying, or entering into a civil partnership with, each other as defined in the Marriage Acts 1949 to 1986, the Marriage (Scotland) Act 1977 and 1986, the Marriage (Northern Ireland) Order 2003, the Civil Partnership Act 2004 and the Marriage and Civil Partnership (Scotland) Act 2014; and
5. (e) neither the applicant nor their fiancé(e) or proposed civil partner can be married to, or in a civil partnership with, another person at the date of application; and
6. (f) the applicant must be seeking entry clearance to enable their marriage or civil partnership to take place in the UK within 6 months of the date of entry to the UK.

AF 13.2. If the application is for permission to stay as a fiancé(e) or proposed civil partner:
1. (a) the applicant must have been granted entry clearance as a fiancé(e) or proposed civil partner; and
2. (b) the marriage or civil partnership must not have taken place; and
3. (c) the decision maker must be satisfied there is a good reason for the delay; and
4. (d) the decision maker must be satisfied the marriage or civil partnership will take place in the UK within 6 months of the date of application for permission to stay.

Requirements as a child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 14.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
1. (a) age requirement; and
2. (b) independent life requirement; and
3. (c) care requirement; and
4. (d) relationship requirement: entry clearance and permission to stay.

English language requirement for entry clearance or permission to stay as a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 15.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening of at least level A1.

AF 15.2. The applicant must show they meet the English language requirement, or are exempt, as set out in Appendix English Language.

Financial requirements for a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver applying for entry clearance or permission to stay on or after 11 April 2024

AF 16.1. Unless AF 17.1 applies, the applicant must provide specified (where “specified” means as specified in Appendix FM-SE to these Rules) evidence from sources listed in AF 16.3. that:
1. (a) where the applicant is a partner, or where the applicant is a dependent child whose parent is also applying for or has entry clearance or permission as a partner of a member of HM Armed Forces or an HM Armed Forces service leaver, the applicant meets the financial requirement in AF 16.2; or
2. (b) where the HM Armed Forces member or HM Armed Forces service leaver, in relation to whom the applicant is applying as a partner or dependent child, is receiving any of the benefits or funds listed in AF 16.4, the applicant’s partner, or in the case of an applicant child, the child’s parents can adequately maintain themselves, the applicant and any other children in the UK, without recourse to public funds; or
3. (c) where the applicant is a child of a member of HM Armed Forces, or an HM Armed Forces service leaver parent, who has sole parental responsibility for them, the parent can adequately maintain themselves, the applicant and any other children in the UK without recourse to public funds.

AF 16.2. The financial requirement is:
1. (a) a gross annual income of at least £23,496, alone or in combination with
2. (b) savings of:
  1. (i) £16,000; and
  2. (ii) additional savings of an amount equivalent to the difference between the gross annual income at AF 16.2. (a), from the sources listed in AF 16.3. (a) to (d), and the total amount required under AF.16.2 (a), multiplied by the length in years of the period of temporary permission to stay for which the applicant has applied (or by the part-year equivalent if the applicant has applied for less than 12 months) from the sources listed in AF 16.3.

AF 16.3. When determining whether the financial requirement in AF 16.2. is met only the following sources will be taken into account:
1. (a) income of the member of HM Armed Forces or HM Armed Forces service leaver from employment or self-employment, which, in respect of a person returning to the UK with the applicant, can include employment or self-employment overseas and in the UK; or
2. (b) (where the applicant is a dependent child) income of the applicant’s parent who is also applying for or has entry clearance or permission as a dependent partner of a member of HM Armed Forces or an HM Armed Forces service leaver from specified employment or self-employment if they are in the UK unless they are working illegally; or
3. (c) specified pension income of the applicant and their partner; or
4. (d) any specified maternity allowance or bereavement benefit received by the partner in the UK or any specified payment relating to service in HM Armed Forces received by the applicant or their partner; or
5. (e) Specified income from the sources at sub-paragraphs (b) and (d) of a dependent child aged 18 or over, of a member of HM Armed Forces or an HM Armed Forces service leaver; or
6. (f) specified savings of the member of HM Armed Forces or the HM Armed Forces service leaver, their partner or dependent child aged 18 or over.

AF 16.4. For the purpose of AF 16.1. (b), or AF 17.3. (b), the member of HM Armed Forces, or the HM Armed Forces service leaver, must be in receipt of one of the following:
1. (a) disability living allowance; or 
2. (b) severe disablement allowance; or 
3. (c) industrial injury disablement benefit; or 
4. (d) attendance allowance; or 
5. (e) carer’s allowance; or 
6. (f) personal independence payment; or 
7. (g) adult disability payment (Scotland); or
8. (h) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or
9. (i) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or Police Injury Pension:
10. (j) Police Injury Pension; or
11. (k) Child Disability Payment; or
12. (l) Adult Disability Payment.

AF 16.5. The applicant must show they meet the financial requirement as specified in Appendix FM-SE.

Pre-11 April 2024 Transitional financial requirements

AF 17.1. An applicant need not meet the requirements in AF 16.1 and instead must provide specified (where “specified” means as specified in Appendix FM-SE to these Rules) evidence from the sources listed in AF 17.5 that they meet the transitional financial requirement at AF 17.3 if:
1. (a) (in the case of dependent partner applications) they have permission as a dependent partner (including as a fiancé(e) or proposed civil partner) of a member of HM Armed Forces or HM Armed Services leaver at the date of application, if they made an application for entry clearance or permission as such a partner, before 11 April 2024, which was successful;
2. (b) Where the applicant is a dependent child, the parent of the applicant has applied, or is applying for, entry clearance or permission as a dependant partner of a member of HM Armed Forces or and HM Armed Forces service leaver and they meet the requirements of (a) above;
3. (c) the application for entry clearance, permission to enter or permission to stay, as a dependent partner or child has been made before 11 April 2024.

AF 17.2. Where the applicant is a partner, AF 17.1(a) only applies if the applicant is applying for permission to stay with the same partner as when they were last granted permission (and if applying for permission with a new partner, the applicant must meet the financial requirement at AF 16.2).

AF 17.3. The applicant must provide specified (where “specified” means as specified in Appendix FM-SE to these Rules) evidence from sources listed in AF 17.5. that:
1. (a) the financial requirement in AF 17.4. is met: or
2. (b) where the member of HM Armed Forces or HM Armed Forces service leaver in relation to whom the applicant is applying as a dependant is receiving any of the benefits or funds listed in AF 16.4., the applicant partner, or in the case of an applicant child, either or both of the child’s parents can adequately maintain themselves, the applicant and any children in the UK, without recourse to public funds; or
3. (c) where the applicant is a child of a member of HM Armed Forces, or an HM Armed Forces service leaver parent, who has sole parental responsibility for them, the parent can adequately maintain themselves, the applicant and any other children in the UK without recourse to public funds.

AF 17.4. The financial requirement is:
1. (a) a gross annual income of at least:
  1. (i) £18,600; and
  2. (ii) an additional £3,800 for the first child; and
  3. (iii)an additional £2,400 for each additional child; alone or in combination with
2. (b) savings of
  1. (i) £16,000; and
  2. (ii) additional savings or an amount equivalent to the difference between the gross annual income from the sources listed in AF 17.3.(a) to (d) and the total amount required under paragraph AF 17.2 multiplied by the length in years of the period of limited leave for which the applicant has applied (or by the part-year equivalent if the applicant has applied for less than 12 months’ limited leave) - between the gross annual income from the sources listed in paragraph.

AF 17.5. When determining whether the financial requirement in AF 17.3. or AF 17.4. is met only the following sources will be taken into account:
1. (a) income of the member of HM Armed Forces or HM Armed Forces service leaver from specified employment or self-employment, which, in respect of a person returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK; or
2. (b) the dependant partner applicant’s (or, where the applicant is a dependent child, income of the applicant’s parent who is also applying for or has entry clearance or permission as a dependent partner of a member of HM Armed Forces or an HM Armed Forces service leaver) income from specified employment or self-employment if they are in the UK unless they are working illegally;
3. (c) specified pension income of the applicant and partner; or
4. (d) any specified maternity allowance or bereavement benefit received by the partner in the UK or any specified payment relating to service in HM Armed Forces received by the applicant or partner; or
5. (e) income from the sources at AF 17.6.(b) and (d) of a dependent child of the applicant or the applicant’s parent who is aged 18 or over; and
6. (f) specified savings of the applicant and their partner; or of the applicant’s parent and that parent’s partner; or of a dependent child of the applicant or the applicant’s parent who is aged 18 or over.

AF 17.6. In AF 17.4. “child” means a dependent child of the applicant or the applicant’s partner who is:
1. (a) under the age of 18 years, or who was under the age of 18 years when they were first granted entry under this route; and
2. (b) applying for entry clearance or leave to remain as a dependant of the applicant or the applicant’s partner, or is in the UK with leave as their dependant; and
3. (c) not a British Citizen, settled in the UK, or in the UK with valid limited leave to enter or remain granted under EU3 or EU3A of Appendix EU to these Rules; and
4. (d) not an EEA national with a right to be admitted to or reside in the UK under the Immigration (European Economic Area) Regulations 2016.

AF 17.7. Where the financial requirement at AF 16.4. exceeds £23,496 due to the number of children in the family, the applicant will only need to provide evidence of a gross annual income of £23,496.

Accommodation requirement for a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 18.1. The applicant’s accommodation in the UK must not be overcrowded or contravene public health regulations.

Eligibility requirement for entry clearance or permission to stay as a partner or child of a member of HM Armed Forces or an Armed Forces service leaver relying on Article 8 of the European Convention on Human Rights.

AF 19.1. Where the applicant does not meet all the suitability requirements or eligibility requirements for a partner or child of a member of HM Armed Forces or an Armed Forces service leaver, the decision maker must be satisfied that refusal of the application would breach Article 8 of the Human Rights Convention because it would result in unjustifiably harsh consequences for the applicant or their family.

AF 19.2. Where AF 19.1. applies, and the applicant falls for refusal under paragraph 9.2.1., 9.2.3., 9.4.1.,9.5.1., of Part 9 General Grounds for Refusal, the application as a partner or child of a member of HM Armed Forces or an Armed Forces Service leaver, will be refused.

Decision on an application as a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 20.1. If the decision maker is satisfied that the validity, suitability and eligibility requirements are met, or the applicant meets AF 19.1. (unless AF 19.2. applies), the application will be granted, otherwise the application will be refused.

Period and conditions of grant for entry clearance or permission to stay for partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 21.1. Entry clearance or permission to stay as a partner 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
3. (c) the remaining duration of the applicant’s partner’s extant permission; or
4. (d) 6 months if the applicant is being granted entry clearance or permission to stay as a fiancé(e) or proposed civil partner.

AF 21.2. Entry clearance or permission to stay as a dependent child will be granted to end on the same date as whichever of their parents’ permission ends first, unless one parent is a British citizen or a person who has a right to enter or stay in the UK without restriction and is, or will be, ordinarily resident in the UK, in such case, the applicant will be granted permission to stay which ends on the same date as the parent who is granted as the partner of a member of HM Armed Forces or an HM Armed Forces service leaver.

AF 21.3. 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).

Settlement as a partner or child of a member of HM Armed Forces or an HM Armed Forces Service leaver

Validity requirements for settlement as a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 22.1. If applying from outside the UK, a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver must apply online on the gov.uk website on the specified form: “VAF: AF”.

AF 22.2. If applying from in the UK, a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver must apply for settlement on the gov.uk website on the specified form: “SET: Armed Forces”.

AF 22.3. An application for settlement as a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver must meet all the following requirements:
1. (a) any fee must have been paid; and
2. (b) the applicant must have provided biometrics when required; and
3. (c) the applicant must have provided a passport or other document that satisfactorily establishes their identity and nationality.

AF 22.4. An application which does not meet all the validity requirements for a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver may be rejected as invalid and not considered.

Suitability requirements for settlement as a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 23.1. The decision maker must be satisfied that the applicant should not be refused under Part 9: grounds for refusal.

AF 23.2. If the applicant is in the UK on the date of application, they must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail.

Eligibility requirements for settlement as a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

Entry requirements for settlement as a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 24.1. If applying from outside the UK as a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver the applicant must apply for and obtain entry clearance for settlement as a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver before they arrive in the UK.

AF 24.2. If Appendix Tuberculosis applies, the applicant must provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Relationship requirements for settlement as a partner of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 25.1. The applicant must be the partner of a person where one of the following apply:
1. (a) is a member of HM Armed Forces exempt from immigration control with at least 5 years’ reckonable service; or
2. (b) has been granted or, is at the same time applying for (and is being granted) settlement as a HM Armed Forces service leaver; or
3. (c) has permission granted under this Appendix or the previous Appendix Armed Forces; or
4. (d) is a British citizen, including one who naturalised after 5 years reckonable service, who is a member of HM Armed Forces or is an HM Armed Forces service leaver; or
5. (e) is settled providing the person had permission (or exemption from control) as a member of HM Armed Forces or as an HM Armed Forces service leaver before they were granted settlement.

AF 25.2. The requirements of Appendix Relationship with Partner must be met.

Relationship requirements for settlement as a child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 26.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
1. (a) age requirement; and
2. (b) independent life requirement; and
3. (c) care requirement; and
4. (d) relationship requirement: settlement.

Qualifying period for settlement as partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 27.1. The applicant must have completed a continuous period of 60 months with permission under this Appendix, or previous Appendix Armed Forces, as the partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver (excluding any period of entry clearance or permission to stay as a fiancé(e) or proposed civil partner).

AF 27.2. If the applicant does not meet AF 27.1, the qualifying period of 60 months can be met by including periods of time spent with continuous residence on any other route to settlement, if the applicant:
1. (a) did not enter the UK illegally; and
2. (b) has permission as a partner of a member of HM Armed Forces or an HM Armed Forces service leaver for at least one year immediately before the date of application.

AF 27.3. If the applicant is a child, they can have completed a period of less than 60 months if their parent meets AF 27.1. and is being granted settlement under this Appendix at the same time.

Continuous residence requirement for settlement as partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 28.1. The applicant must meet the continuous residence requirement as set out in Appendix Continuous Residence for the qualifying period.

English language requirement for settlement for a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 29.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening of at least level B1.

AF 29.2. The applicant must show they meet the English language requirement, or are exempt, as set out in Appendix English Language.

Knowledge of life in the UK requirements for settlement as partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 30.1. Unless an exemption applies, the applicant must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK.

Financial requirements for settlement as a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 31.1. Unless AF 32.1. applies, the applicant must provide specified (where “specified” means as specified in Appendix FM-SE to these Rules) evidence from sources listed in AF 31.3. that:
1. (a) where the applicant is a partner, or where the applicant is a dependent child whose parent is also applying for or has entry clearance or permission as a partner of a member of HM Armed Forces or an HM Armed Forces service leaver, the applicant meets the financial requirement in AF 31.2.; or
2. (b) where the HM Armed Forces member or HM Armed Forces service leaver in relation to whom the applicant is applying as a partner or dependent child is receiving any of the benefits or funds listed in AF 31.4., the applicant’s partner, or in the case of an applicant child, the child’s parents, can adequately maintain themselves, the applicant and any other children in the UK, without recourse to public funds; or
3. (c) where the applicant is a child of a member of HM Armed Forces, or an HM Armed Forces service leaver, parent who has sole parental responsibility for them, the parent can adequately maintain themselves, the applicant and any other children in the UK without recourse to public funds.

AF 31.2. The financial requirement is:
1. (a) a gross annual income of at least £23,496, alone or in combination with
2. (b) savings of
  1. (i) £16,000; and
  2. (ii) additional savings of an amount equivalent to the amount which is the difference between the gross annual income at AF 31.2 (a), from the sources listed in AF 31.3. (a) to (d), and the total amount required under AF 31.2 (a); or
3. (c) the requirements in AF 31.4. being met.

AF 31.3. When determining whether the financial requirement in AF 31.2 is met only the following sources will be taken into account:
1. (a) income of the member of HM Armed Forces or HM Armed Forces service leaver in the UK with permission to work , which, in respect of a person returning to the UK with the applicant, can include employment or self-employment overseas and in the UK; or
2. (b) the dependant partner applicant’s (or, where the applicant is a dependent child, income of the applicant’s parent who is also applying for or has entry clearance or permission as a dependent partner of a member of HM Armed Forces or an HM Armed Forces service leaver) income from specified employment or self-employment if they are in the UK unless they are working illegally; or
3. (c) pension income of the applicant and their partner; or
4. (d) any maternity allowance or bereavement benefit received by the partner in the UK or any specified payment relating to service in HM Armed Forces received by the applicant or their partner; or
5. (e) income from the sources at sub-paragraphs (b) and (d) of a dependent child aged 18 or over, of a member of HM Armed Forces or an HM Armed Forces service leaver; or
6. (f) savings of the applicant and partner, or child where the child is over 18 at the date of application.

AF 31.4. For the purpose of AF 31.2. (c), or AF 32.3 (c), the member of HM Armed Forces, or the HM Armed Forces service leaver, must be in receipt of one of the following:
1. (a) disability living allowance; or
2. (b) severe disablement allowance; or
3. (c) industrial injury disablement benefit; or
4. (d) attendance allowance; or
5. (e) carer’s allowance; or
6. (f) personal independence payment; or
7. (g) adult disability payment (Scotland); or
8. (h) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or
9. (i) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or Police Injury Pension:
10. (j) Police Injury Pension; or
11. (k) Child Disability Payment; or
12. (l) Adult Disability Payment.

AF 31.5. The applicant must show they meet the financial requirement as specified in Appendix FM-SE.

Transitional financial requirements for a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 32.1. An applicant need not meet the requirements in AF 31.1. and instead must provide specified evidence from the sources listed in AF 31.3 that they meet the transitional financial requirement at AF 32.3. if:
1. (a) (in the case of dependant partner applications) they have permission as a dependant partner (including as a fiancé(e) or proposed civil partner) of a member of HM Armed Forces or HM Armed Services leaver at the date of application if they made an application for entry clearance or permission as such a partner before 11 April 2024, which was successful (and that application did not rely on Article 8 of the European Convention on Human Rights following consideration of AF 19.1); or
2. (b) Where the applicant is a dependent child, the parent of the applicant has applied, or is applying for, entry clearance or permission as a dependant partner of a member of HM Armed Forces or an HM Armed Forces service leaver and meets the requirements of (a) above; or
3. (c) the application for settlement has been made before 11 April 2024.

AF 32.2. Where the applicant is a partner, AF 32.1(a) only applies if the applicant is applying for settlement with the same partner as when they were last granted permission (and if applying for settlement with a new partner, the applicant must meet the financial requirement at AF 31.2.).

AF 32.3. The financial requirement is:
1. (a) a gross annual income of at least:
  1. (i) £18,600;
  2. (ii) an additional £3,800 for the first child; and
  3. (iii)an additional £2,400 for each additional child; alone or in combination with:
2. (b) specified savings of:
  1. (i) £16,000; and
  2. (ii) additional savings or an amount equivalent to the amount which is the difference between the gross annual income from the sources listed in AF 30.3.(a) to (d) and the total amount required under AF 31.3(a).; or
3. (c) £23,496, where the requirements of AF 32.4. are met.

AF 32.4. Where the financial requirement at AF 32.3.(a) exceeds £23,496 due to the number of children in the family, the applicant will only need to provide evidence of a gross annual income of £23,496.

AF 32.5. In AF 32.3. “child” means a dependent child of the applicant or the applicant’s partner who is:
1. (a) under the age of 18 years, or who was under the age of 18 years when they were first granted entry under this route; and
2. (b) applying for entry clearance or leave to remain as a dependant of the applicant or the applicant’s partner, or is in the UK with leave as their dependant; and
3. (c) not a British Citizen, settled in the UK, or in the UK with valid limited leave to enter or remain granted under EU3 or EU3A of Appendix EU to these Rules; and
4. (d) not an EEA national with a right to be admitted to or reside in the UK under the Immigration (European Economic Area) Regulations 2016.

Decision on an application for settlement as a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver

AF 33.1. If the decision maker is satisfied that all the suitability and eligibility requirements for settlement as a partner or child of a member of HM Armed Forces or an HM Armed Forces service leaver are met, the applicant will be granted entry clearance for settlement (where the applicant is outside the UK) or settlement.

AF 33.2. If the requirements for settlement are not met, but the decision maker believes the applicant is likely to meet the requirements for permission to stay as a partner or child of a member of HM Armed Forces or HM Armed Forces service leaver under this Appendix, the application will be varied by the Secretary of State to an application for permission to stay as a partner or child of a member of HM Armed Forces or HM Armed Forces Service leaver. Where this happens no additional application fee for entry clearance or permission to stay will be required and the settlement application fee will not be refunded.

AF 33.3. Where AF 33.2. applies, and the outcome of the consideration is to grant permission to stay as a partner, it will be for whichever is shorter of:
1. (a) 5 years; or
2. (b) the remaining duration of the applicant’s partners enlistment; or
3. (c) the remaining duration of the applicant’s partners extant permission or
4. (d) 6 months if the applicant is being granted entry clearance, permission to enter or stay as a fiancé(e) or proposed civil partner.

AF 33.4. Where AF 33.2. applies, permission to stay as a child will be granted to end on the same day as whichever of their parents’ permission ends first unless the other parent is a British citizen who has a right to enter or stay in the UK without restriction and is, or will be, ordinarily resident in the UK, in which case the applicant will be granted permission which ends on the same date as the parent who is granted as the partner of a member of HM Armed Forces or HM Armed Forces service leaver.

AF 33.5. The grant under AF 33.2. 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 in which case work is permitted); and
3. (c) study permitted, subject to the ATAS condition in Appendix ATAS (unless granted as a fiancé or proposed civil partner in which case no study is allowed).

AF 33.6. If the decision maker is not satisfied that the applicant meets the requirements for settlement or permission to stay, the application for settlement will be refused.

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