According to paragraph 25 of Appendix Armed Forces of the Immigration Rules, an entry clearance and indefinite leave to enter as the partner of a member of HM Forces will be granted to an applicant who:

  • is outside the United Kingdom;
  • has made a valid application for entry clearance and indefinite leave to enter as the partner of a member of HM Forces;
  • has a partner who:
    • is a foreign or Commonwealth citizen who is a member of HM Forces with at least 5 years’ reckonable service in HM Forces; or
    • has been granted indefinite leave to enter or remain under paragraph 13 or 16 of Appendix Armed Forces or paragraphs 276E-Q of the Immigration Rules and is in the United Kingdom; or
    • is a British Citizen;
  • does not fall to be refused on the grounds of suitability under paragraph 8 or 9 of Appendix Armed Forces;
  • meets the general eligibility requirements in paragraph 20 of Appendix Armed Forces;
  • can demonstrate sufficient knowledge of the English language and sufficient knowledge about life in the UK in accordance with the requirements of Appendix KoLL to the Immigration Rules;
  • meets the financial requirements in Part 12 of Appendix Armed Forces; and
  • has completed a continuous period of 60 months with leave under Appendix Armed Forces as the partner of the same member of HM Forces, excluding any period of entry clearance or limited leave as a fiancé(e) or proposed civil partner.

General Eligibility Criteria

According to paragraph 20 of the Appendix Armed Forces of the Immigration Rules, the general eligibility requirements to be met by the partner (P) of a member of HM Forces are that on the date the application is made:

  • P’s sponsor is a member of HM Forces (as defined in paragraph 2(d) of Appendix Armed Forces) who:
    • is exempt from immigration control; or
    • has leave to enter or remain under paragraphs 13-19 of Appendix Armed Forces of the Immigration Rules or paragraphs 276E-QA of the Immigration Rules or under the concession which existed outside these Rules whereby the Secretary of State exercised her discretion to grant leave to enter or remain to a member of HM Forces who has been medically discharged; or
    • is being granted leave to enter or remain under paragraphs 13-19 of Appendix Armed Forces of the Immigration Rules or paragraphs 276E-QA of the Immigration Rules at the same time as P; or
    • is a British Citizen;
  • P and P’s sponsor:
    • are both aged 18 or over;
    • must not be within a prohibited degree of relationship;
    • must intend to live together permanently; and
    • must have met in person;
  • the relationship between P and P’s sponsor is genuine and subsisting; and
  • any previous relationship of P or P’s sponsor must have broken down permanently, unless it is a relationship which falls within paragraph 278(i) of the Immigration Rules.

According to paragraph 20A of the Appendix Armed Forces, a reference to a member of HM Forces includes a former member of HM Forces who was discharged more than 2 years ago if that member of HM Forces:

  • is a British citizen; or
  • was granted leave under Appendix Armed Forces; and
  • the applicant had leave under these Rules as the partner or child of a member of HM Forces prior to the sponsor’s discharge.

If P and P’s sponsor are married or in a civil partnership, it must be a valid marriage or civil partnership as specified in Appendix FM-SE. If P is the fiancé(e) or proposed civil partner of P’s sponsor, P must be seeking entry to the UK to enable their marriage or civil partnership to take place.

Residence Requirement

The amendments to the Immigration (Leave to Enter and Remain) Order 2000 in relation to HM Forces’ families makes sure that any time spent accompanying the sponsor on an overseas posting would count towards the qualifying probationary period of 60 months. This is a requirement for settlement under Appendix Armed Forces.

This means any family members who have valid leave as a dependant of a member of HM Forces will not automatically lose their permission to stay if they remain on an accompanied posting overseas for a period longer than 2 years. 

Family members of HM Forces personnel granted leave outside the Immigration Rules are not covered by this amendment and will need to apply for entry clearance under Appendix Armed Forces if:

  • their leave has expired
  • they have remained outside the UK for longer than 2 years 

Circumstances In Which Limited Leave To Remain May Be Granted To An Applicant For Indefinite Leave To Enter As A Partner?

According to paragraph 26 of Appendix Armed Forces, an entry clearance and limited leave to enter as a partner (excluding as a fiancé(e) or proposed civil partner) of a member of HM Forces for a period of 30 months may be granted:

  • where an applicant fails to meet the requirements of paragraph 25 of Appendix Armed Forces by reason only of failing to meet the requirements of paragraph 25(c)(i) or (ii), provided that the applicant’s sponsor has been granted leave to enter or remain under paragraph 15 or 19 of Appendix Armed Forces; or
  • where an applicant fails to meet the requirements of paragraph 25 of Appendix Armed Forces by reason only of failing to meet the requirements of paragraph 25(f).

Entry clearance and limited leave to enter granted under paragraph 26 will be subject to a condition of no recourse to public funds.

Why Choose Sunrise Solicitors For Entry Clearance For Indefinite Leave To Enter As A Partner Of Member Of HM Forces?

The immigration solicitors at Sunrise Solicitors are experts in dealing with entry clearance applications for indefinite leave to enter as partner of a member of HM Forces. The quality of our service is self-evident from our clients' reviews about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your application for entry clearance for indefinite leave to enter as a partner of a member of HM Forces and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

We can represent you in your entry clearance application for indefinite leave to enter as a partner of a member of HM Forces and do all the work until decision by the Entry Clearance Officer (ECO) on your application. Our work will include:

  • Taking detailed instructions from you and advising you about the relevant immigration laws and procedures to be adopted by the British High Commission/Embassy/Consulate in your application for entry clearance for indefinite leave to enter as a partner of a member of HM Forces;
  • Discussing your application for entry clearance for indefinite leave to enter as a partner of a member of HM Forces in detail with you and advising you about the weaknesses and strengths of your entry clearance application;
  • Advising you about the documentary evidence to be submitted in support of your entry clearance application for entry clearance for indefinite leave to enter as a partner of a member of HM Forces;
  • Assessing the documentary evidence to be submitted in support of the entry clearance application and discussing the same with you;
  • Completing the online application form for entry clearance for indefinite leave to enter as a partner of a member of HM Forces and discussing the same with you;
  • Preparing a cover letter to introduce and support the entry clearance applicationfor indefinite leave to enter as a partner of a member of HM Forces;
  • Liaising with the Home Office, UKVI for a timely decision on the entry clearance application for indefinite leave to enter as a partner of a member of HM Forces;
  • Protecting your interests while your application is pending with the Home Office, UKVI and keeping you informed about the progress on your entry clearance application for indefinite leave to enter as a partner of a member of HM Forces;
  • Doing all the follow up work including responding to any queries raised by the Home Office, UKVI until decision is reached on your entry clearance application for indefinite leave to enter as a partner of a member of HM Forces.

Our Fees For Entry Clearance For Indefinite Leave To Enter As A Partner Of A Member Of HM Forces

  • We will charge you a fee from £1,200 (No VAT) for our professional immigration services in relation to your entry clearance application for indefinite leave to enter as a partner of a member of HM Forces. The agreed fee will depend on the complexity of your application and the casework involved in the matter.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your application for entry clearance for indefinite leave to enter as a partner of a member of HM Forces, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly instalments.
  • The agreed fee will cover all our work until decision by the Home Office on your application for entry clearance for indefinite leave to enter as a partner of a member of HM Forces. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. translation of documents, Home Office UK visa fee, etc.

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Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

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