Immigration Rules for HM Armed Forces Members and their Dependents

The HM Armed Forces route is for you if you are a member of His Majesty’s (HM) Armed Forces discharging from service (‘service leavers’) and wish to move to or stay in the UK. This route is for HM armed forces and their dependent family members. Member of Armed Forces and servicemen, here means an applicant who has been discharged within 2 years before the date of application.

You can apply for this visa route up to 18 weeks before being discharged from the service. You can apply from within the UK or overseas.

The HM Armed Forces route also leads to settlement, i.e., ILR (Indefinite Leave to Remain).

Validity Requirements

The first requirement of the HM Armed Forces Visa Route is that you fulfill its validity requirement. Let us see the validity requirements:

• Age Requirement - You must be 18 or over on the date of application.
• The Correct Application Form - Whether you are applying from within the UK or from outside of it, you must apply online. However, in both cases, you have to fill out different forms. When you are applying from within the UK, you have to fill out the “SET(AF)” form, whereas if you are applying from outside the UK, you have to fill out the “VAF AF” form.
• The Correct Fee - You must pay the correct fee unless you qualify for a fee waiver.
• Biometric Information - You must enroll in biometric information when required. If you are applying from outside the UK, you can submit this at any visa application center, and if you are applying from within the UK, you can submit it at the UKVCAS (UK Visa and Citizenship Application Service) center. 
• Prove your Identity and Nationality - You must submit your current passport or other valid travel document to prove your identity and nationality.
• Presence in UK or Overseas - If you are applying for leave to enter, you must be applying from outside the UK, and if you are applying for leave to remain, you must be in the UK on the date of application.

Suitability Requirements

There must not be a general ground for refusal present under Part 9: Grounds for Refusal.

Eligibility Requirements

You also have to fulfill certain eligibility requirements for the HM armed forces route. Let's see the eligibility requirements:

 Service in HM Armed Forces Requirement -

You must currently or previously be a member of HM armed forces, including the British Army, the Royal Navy, the Royal Air Force (RAF), and members of the Gurkhas and Commonwealth citizens.

 Entry Clearance Requirement -

You must apply for and obtain entry clearance before coming to the UK.

 Length of Service Requirement –

You must have completed a minimum of years of reckonable service which is at least 4 years in the HM armed forces or you may be considered for the HM armed forces route if you were discharged from your service before 4 years due to medical circumstances.

 Medical Discharge Requirement -

You can meet the medical discharge requirement for leave to enter or remain if you were discharged from your service due to medical conditions such as an injury or sustained illness during your service.

Immigration Status Decision

Depending on whether you meet the eligibility requirements for settlement or leave to remain, you will be granted the immigration status accordingly. If you are granted leave to remain, you will usually be granted an initial leave of up to 30 months.

If you fail to meet the requirements, your application will be refused; you can apply for an administrative review.

Dependents of a member of HM Armed Forces or of an HM Armed Forces service leaver

Dependents include the following:

• Spouse or Civil Partner,
• Fiancé or proposed civil partner
• Children below the age of 18
• Children over 18 if they were previously granted leave as a dependent child.

Validity Requirements for the Dependents

The validity requirements for dependents of a member of HM Armed Forces or of an HM Armed Forces service leaver are the same as those for the main applicant mentioned above.

Suitability Requirements

There should not be a general ground for refusal present under Part 9: Grounds for Refusal.

Eligibility Requirements

 Entry Clearance Requirement -

The HM armed forces member's spouse, fiancé, or children must obtain entry clearance before arriving in the UK.

 Relationship Requirement -

You must prove your relationship with the armed forces serving or former member. For example, if you are a spouse or civil partner of an HM armed forces member, you must show a marriage certificate or civil
partnership certificate that is recognized in the UK proving your relationship. Your relationship must be genuine and subsisting, and you must intend to live together permanently in the UK.

If you are a fiancé or proposed civil partner, you must prove that your relationship is genuine, and you both must have met in person. You must also intend to marry or enter into a civil partnership with your partner in the UK within 6 months of the date of entry to the UK.

If you are a dependent child, you must not be leading an independent life, and you are financially dependent on your parent/s. To prove the relationship of the child to his parents, the birth certificate of the child can be produced.

 Financial Requirement -

If you are applying on or after 11 April 2024, you or your partner or the combined income of both of you must be at least £23,496. You don’t need any extra income requirements for a dependent child.

Financial requirements can also be met by combining savings of at least £16,000 and annual income (if it is less than £23,496). You may be exempted from meeting the financial requirement if the member of the HM Armed Forces, or the HM Armed Forces service leaver, is a beneficiary of benefits such as disability living allowance, severe disablement allowance, industrial injury disablement benefit, attendance
allowance, carer’s allowance, or other such allowances.

 English Language Requirement—

Unless exempt, you must meet the English language requirement of at least Level A1 on the Common European Framework of Reference for Languages in speaking and listening.

Immigration status granted to the dependents of a member of HM Armed Forces or of an HM Armed Forces Service Leaver 

If you are granted entry clearance or permission to stay as a partner, you will be granted whichever is shorter:

• 5 years; or
• The remaining duration of your partner’s enlistment; or
• The remaining duration of your partner’s extant permission; or
• 6 months if you are being granted entry clearance or permission to stay as a fiancé(e) or proposed civil partner.

Conclusion

Immigration rules for His Majesty’s (HM) Armed Forces discharging from service (‘service leavers’) and their dependents are complex. There are multiple conditions to be met before applying for leave to enter, leave to remain, or indefinite leave to remain. This is why you must seek expert guidance to be able to apply successfully for the HM armed forces route.