By Danica Westaway
Commonwealth Citizens serving in the HRM Armed Forces have different routes available to remain in the UK.
Indefinite Leave to Remain
An individual who has served in the Royal Navy, the Royal Marines, the Army (including the Brigade of Gurkhas) and/or the Royal Air Force for at least four years can apply for Indefinite Leave to Remain in the United Kingdom. They can do apply from as early as 18 weeks prior to discharge.
An application for settlement under the HM Armed Forces route must, however, be made within a period of two years from the date of discharge.
Where injury or illness occasioned by service in His Majesty’s Armed Forces has resulted in medical discharge therefrom, there is no minimum period of service required or fee payable in respect of such an application. Those who have served for a minimum of six years before leaving His Majesty’s Armed Forces are also exempt from paying the application fee.
Dependants
Under circumstances where a member of His Majesty’s Armed Forces is already settled or applying for settlement and has either been:
- discharged in the two years preceding the date of the application, or
- serving for at least five years, his or her partner and children may apply for Indefinite Leave to Remain on such basis.
In this regard, it will be necessary to prove, amongst other things, that there is an annual household income of at least £23 496.00. In order for children to be eligible, they must not be married or capable of living an independent life.
How Breytenbachs can help you
If you are a member of the Armed Forces and need advice or assistance with your UK Immigration matter, please feel free to contact us.
Disclaimer
Please note that the information in this article does not constitute professional advice. It is provided for general information purposes without any warranty of any kind, either expressed or implied.