Immigration Rules

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Immigration Rules Appendix Armed Forces

Rules for members of the armed forces, civilian employees and their families.

Part 1 General

Who these rules apply to

  1. 1. The rules contained in this Appendix apply to those seeking to enter or remain in the United Kingdom as:
    1. (a) a foreign or Commonwealth member of HM Forces (on discharge);
    2. (b) a partner or child of a member of HM Forces;
    3. (c) a partner, child or other dependant of a member of non-HM Forces who is exempt from immigration control by virtue of section 8(4)(b) or (c) of the Immigration Act 1971;
    4. (d) a member of non-HM Forces who is not exempt from immigration control;
    5. (e) a partner or child of a member of non-HM Forces who is not exempt from immigration control;
    6. (f) a Relevant Civilian Employee as defined in paragraph 2(j)(a); and
    7. (g) a partner, child or other dependant of a Relevant Civilian Employee.

Interpretation and general provisions

  1. 2. In this Appendix (including as it applies to applications under Part 7 or 8 of these Rules):
    1. (a) an application for leave to enter or remain includes an application for variation of leave to enter or remain;
    2. (b) a reference to a British Citizen in the United Kingdom includes:
      1. (i) a British Citizen who is coming to the United Kingdom with the applicant as the applicant’s partner or parent; and
      2. (ii) a British Citizen who has naturalised having accrued 5 years’ reckonable service in HM Forces;
    3. (ba) a reference to a civilian employee of a NATO force includes an employee of the American National Red Cross working with US Forces in the United Kingdom;
    4. (c) “Gurkha” means a member of HM Forces who is serving or has served in the Brigade of Gurkhas of the British Army under the Brigade of Gurkhas’ terms and conditions of service;
    5. (d) “a member of HM Forces” is a person who, subject to sub-paragraphs (e) and (f), is a member of the regular forces within the meaning of the Armed Forces Act 2006;
    6. (e) a person is not to be regarded as a member of HM Forces if the person is treated as a member of a regular force by virtue of:
      1. (i) section 369 of the Armed Forces Act 2006, or *(ii) section 4(3) of the Visiting Forces (British Commonwealth) Act 1933;
    7. (f) a reference to a member of HM Forces includes a person who was a member of HM Forces but was discharged within the period of 2 years prior to the date of the application under these Rules made in relation to that member (unless a different meaning applies elsewhere in this Appendix);
    8. (g) “a member of non-HM Forces” means a member of other armed forces who is:
      1. (i) exempt from immigration control under section 8(4)(b) or (c) of the Immigration Act 1971, or
      2. (ii) not exempt from immigration control;
    9. (ga) “other dependant” means an applicant under Part 10 of this Appendix, other than a partner or child under the age of 18, who is named on the original movement or posting order;
    10. (h) “partner” means (unless a different meaning of partner applies elsewhere in this Appendix):
      1. (i) the applicant’s spouse;
      2. (ii) the applicant’s civil partner;
      3. (iii) the applicant’s fiancé(e) or proposed civil partner; or
      4. (iv) a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least 2 years prior to the date of the application;
    11. (i) …………..
    12. (j) “reckonable service” is the service which counts towards pension, which starts from the first day of paid service in HM Forces;
    13. (ja) a reference to a Relevant Civilian Employee means a civilian who is being employed to work in the United Kingdom by:
      1. (i) a NATO force;
      2. (ii) a company under contract to a NATO force; or
      3. (iii) the Australian Department of Defence;
    14. (k) “specified” means specified in Appendix FM-SE and Appendix O to these Rules;
    15. (l) where a financial or maintenance requirement applies in this Appendix, paragraphs A. to 21 of Appendix FM-SE to these Rules shall apply as appropriate.
  2. 3. If an Entry Clearance Officer, or the Secretary of State, has reasonable cause to doubt the genuineness of any document submitted in support of an application, and having taken reasonable steps to verify the document, is unable to verify that it is genuine, the document will be discounted for the purposes of the application.
  3. 4. A reference to an application being considered under this Appendix includes, where relevant, an application considered under Part 7 or 8 of these Rules which requires compliance with this Appendix.
  4. 5. Paragraphs 277-280, 289AA, 295AA and 296 of Part 8 of these Rules apply to applications made under this Appendix.
  5. 5A. Where a person aged 18 or over is granted entry clearance or limited leave to enter or remain under this Appendix, or where a person granted such entry clearance or limited leave to enter or remain will be aged 18 before that period of limited leave expires, the entry clearance or leave will, in addition to any other conditions which may apply, be granted subject to the conditions in Part 15 of these Rules.

Leave to enter

  1. 6. The requirements to be met by a person seeking leave to enter the United Kingdom under this Appendix are that the person:
    1. (a) must have a valid entry clearance for entry in a route under this Appendix, unless they are:
      1. (i) a non-visa national;
      2. (ii) not seeking entry for a period exceeding 6 months; and
      3. (iii) applying for leave to enter under paragraphs 56, 61B or 64 of this Appendix; and
    2. (b) must produce to the Immigration Officer on arrival a valid national passport or other document satisfactorily establishing their identity and nationality.
  2. 7. If a person does not meet the requirements of paragraph 6, entry will be refused.

Part 2 - Suitability requirements

  1. 8. An application under this Appendix will be refused on the grounds of suitability if any of the provisions in this paragraph apply:
    1. (a) in respect of applications for entry clearance or leave to enter, the Secretary of State has personally directed that the exclusion of the applicant from the United Kingdom is conducive to the public good;
    2. (b) the applicant is currently the subject of a deportation order;
    3. (c) subject to sub-paragraph (d), permitting the applicant to enter, or remain in, the United Kingdom is not conducive to the public good because he or she has been convicted of an offence for which he or she has been sentenced to a period of imprisonment of:
      1. (i) at least 4 years; or
      2. (ii) at least 12 months, but less than 4 years, unless: (aa) in respect of applications for entry clearance or leave to enter: a period of 10 years has passed since the end of the sentence; or
      3. (bb) in respect of applications for indefinite leave to remain: a period of 15 years has passed since the end of the sentence; or
      4. (iii) in respect of applications for entry clearance or leave to enter or indefinite leave to remain, less than 12 months, unless: (aa) in respect of applications for entry clearance or leave to enter: a period of 5 years has passed since the end of the sentence; or (bb) in respect of applications for indefinite leave to remain: a period of 7 years has passed since the end of the sentence;
    4. (ca) in respect of applications for limited or indefinite leave to remain, where:
      1. (i) the Secretary of State has made a decision under Article 1F of the Refugee Convention to exclude the person from the Refugee Convention or under paragraph 339D of these Rules to exclude them from humanitarian protection; or
      2. (ii) the Secretary of State has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because there are reasonable grounds for regarding them as a danger to the security of the United Kingdom; or
      3. (iii) the Secretary of State has made a decision that they are a person to whom sub-paragraph (i) or (ii) would apply except that (a) the person has not made a protection claim, or (b) the person made a protection claim which has already been finally determined without reference to Article 1F of the Refugee Convention or paragraph 339D of these Rules; or
      4. (iv) the Secretary of State has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because, having been convicted by a final judgment of a particularly serious crime, they constitute a danger to the community of the United Kingdom.
    5. (d) in respect of applications for entry clearance or leave to enter, where sub-paragraph (c) applies, unless refusal would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees, it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors;
    6. (e) in respect of applications for limited leave to remain or indefinite leave to remain, in the view of the Secretary of State,
    7. (i) the applicant’s offending has caused serious harm; or
    8. (ii) the applicant is a persistent offender who shows a particular disregard for the law;
    9. (f) in respect of applications for indefinite leave to remain, the applicant has, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record;
    10. (g) permitting the applicant to enter, or remain in, the UK is not conducive to the public good because, for example, their conduct (including convictions which do not fall within sub-paragraph (c) or (f) as appropriate, character, associations, or other reasons, make it undesirable to grant them entry clearance or allow them to remain in the UK;
    11. (h) in respect of applications for entry clearance or leave to enter, the applicant left or was removed from the United Kingdom pursuant to a condition attached to a conditional caution given under section 22 of the Criminal Justice Act 2003 less than 5 years before the date on which the application is decided;
    12. (i) the applicant has failed without reasonable excuse to comply with a requirement to:
      1. (i) attend an interview;
      2. (ii) provide information;
      3. (iii) provide physical data; or
      4. (iv) undergo a medical examination or provide a medical report; or
    13. (j) it is undesirable to grant entry clearance or leave to enter to the applicant for medical reasons.
  2. 9. An application under this Appendix will normally be refused on the grounds of suitability if any of the provisions in this paragraph apply:
    1. (a) whether or not to the applicant’s knowledge:
      1. (i) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
      2. (ii) there has been a failure to disclose material facts in relation to the application;
    2. (b) DELETED
    3. (c) a maintenance and accommodation undertaking has been requested or required under this Appendix or paragraph 35 of these Rules or otherwise and has not been provided;
    4. (d) in respect of applications for entry clearance or leave to enter, the exclusion of the applicant from the United Kingdom is conducive to the public good because:
    5. (i) within the 12 months prior to the date on which the application is decided, the person has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record; or
    6. (ii) in the view of the Secretary of State: (aa) the person’s offending has caused serious harm; or (bb) the person is a persistent offender who shows a particular disregard for the law.
  3. 10. In respect of applications for limited leave to remain or indefinite leave to remain, when considering whether the presence of the applicant in the UK is not conducive to the public good any legal or practical reasons why the applicant cannot presently be removed from the United Kingdom must be ignored.
  4. 10A. The applicant may be refused on grounds of suitability if the applicant has failed to pay litigation costs awarded to the Home Office.
  5. 10B An application under this Appendix may be refused on the grounds of suitability if one or more relevant NHS bodies has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £500.

Part 3 - Discharged members of HM Forces

General eligibility requirements

  1. 11. The general eligibility requirements to be met as a discharged member of HM Forces are that:
    1. (a) the applicant:
      1. (i) has completed at least 4 years’ reckonable service in HM Forces; or
      2. (ii) meets the medical discharge criteria in paragraph 12; and
    2. (b) on the date on which the application is made:
      1. (i) the applicant has been discharged from HM Forces for a period of less than 2 years; or
      2. (ii) in the case of an applicant who was medically discharged more than 2 years before, new information regarding his or her prognosis is being considered by the Secretary of State; or
      3. (iii) the applicant has been granted his or her most recent period of limited leave:
      4. (aa) under paragraph 15 or 19 of this Appendix as a foreign or Commonwealth citizen who has been discharged from HM Forces; or (bb) under paragraph 276KA or 276QA of these Rules; or
      5. (cc) under the concession which existed outside these Rules, whereby the Secretary of State exercised her discretion to grant leave to enter or remain to members of HM Forces who have been medically discharged; and
    3. (c) in relation to an application made by a Gurkha, the Gurkha is a citizen or national of Nepal.

Medical discharge

  1. 12. The medical discharge criteria are satisfied where the applicant was medically discharged from HM Forces:
    1. (a) where the cause was attributable to service in HM Forces and it came about owing to deployment in an operational theatre; or
    2. (b) where the cause was attributable to service in HM Forces, it did not come about owing to deployment in an operational theatre but it is appropriate to grant leave to enter or remain in the United Kingdom following an assessment of the following factors:
      1. (i) the seriousness of the illness or injury;
      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;
      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 Forces at the time of the applicant’s discharge.

Indefinite leave to enter

  1. 13. Entry clearance and indefinite leave to enter as a foreign or Commonwealth citizen discharged from HM Forces will be granted to an applicant who:
    1. (a) is outside the United Kingdom;
    2. (b) has made a valid application for entry clearance and indefinite leave to enter as a foreign or Commonwealth citizen discharged from HM Forces;
    3. (c) does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
    4. (d) meets the general eligibility requirements in paragraph 11.

Leave to remain

  1. 14. Limited leave to remain as a foreign or Commonwealth citizen discharged from HM Forces will be granted to an applicant who:
    1. (a) is in the United Kingdom;
    2. (b) is not in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded;
    3. (c) has made a valid application for limited leave to remain as a foreign or Commonwealth citizen discharged from HM Forces;
    4. (d) does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
    5. (e) meets the general eligibility requirements in paragraph 11.
  2. 15. Limited leave to remain granted under paragraph 14 will normally be granted for a period not exceeding 30 months and will be subject to such conditions as the Secretary of State considers appropriate.

Indefinite leave to remain

  1. 16. Indefinite leave to remain as a foreign or Commonwealth citizen discharged from HM Forces will be granted to an applicant who:
    1. (a) is in the United Kingdom;
    2. (b) is not in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded;
    3. (c) has made a valid application for indefinite leave to remain as a foreign or Commonwealth citizen discharged from HM Forces;
    4. (d) does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
    5. (e) meets the general eligibility requirements in paragraph 11.

Circumstances in which limited leave to remain may be granted to applicants for indefinite leave to remain under Paragraph 16

  1. 17. Limited leave to remain as a foreign or Commonwealth citizen discharged from HM Forces may be granted to a person who fails to meet the requirements for indefinite leave to remain in paragraph 16 of this Appendix by reason only of failing to meet the suitability requirements in paragraph 8 or 9 in respect of a grant of indefinite leave to remain (but not a grant of limited leave to remain).
  2. 18. Limited leave to remain as a foreign or Commonwealth citizen discharged from HM Forces may be granted to a person (P) who fails to meet the requirements for indefinite leave to remain in paragraph 16 of this Appendix by reason only of being unable to meet the medical discharge criteria in paragraph 12 , provided that the following conditions are met:
    1. (a) P has been medically discharged from HM Forces;
    2. (b) the cause of P’s discharge was attributable to service in HM Forces; and
    3. (c) before P can return to P’s country of origin it is appropriate to grant limited leave to remain to facilitate:
      1. (i) further medical treatment for P; or
      2. (ii) a period of recovery for P.
  3. 19. Limited leave to remain granted under paragraph 17 or 18 will normally be granted for a period not exceeding 30 months and will be subject to such conditions as the Secretary of State considers appropriate.

Part 4 - Partners of members of HM Forces

General eligibility requirements

  1. 20. 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:
    1. (a) P’s sponsor is a member of HM Forces (as defined in paragraph 2(d) of this Appendix) who:
      1. (i) is exempt from immigration control; or
      2. (ii) has leave to enter or remain under paragraphs 13-19 of this Appendix or paragraphs 276E-QA of these 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
      3. (iii) is being granted leave to enter or remain under paragraphs 13-19 of this Appendix or paragraphs 276E-QA of these Rules at the same time as P; or
      4. (iv) is a British Citizen;
    2. (b) P and P’s sponsor:
      1. (i) are both aged 18 or over;
      2. (ii) must not be within a prohibited degree of relationship;
      3. (iii) must intend to live together permanently; and
      4. (iv) must have met in person;
    3. (c) the relationship between P and P’s sponsor is genuine and subsisting; and
    4. (d) 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 these Rules.
  2. 20A. For this Part, a reference to a member of HM Forces includes a former member of HM Forces who was discharged more than 2 yeas ago if that member of HM Forces:
    1. (a)
      1. (i) is a British citizen; or
      2. (ii) was granted leave under this Appendix; and
    2. (b) the applicant had leave under these Rules as the partner or child of a member of HM Forces prior to the sponsor’s discharge.
  3. 21. 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.
  4. 22. 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.

Leave to enter

  1. 23. Entry clearance and leave to enter as the partner of a member of HM Forces will be granted to an applicant who:
    1. (a) is outside the United Kingdom;
    2. (b) has made a valid application for entry clearance and leave to enter as the partner of a member of HM Forces;
    3. (c) does not fall to be refused on the grounds of suitability under paragraph 8 or 9;
    4. (d) meets the general eligibility requirements in paragraph 20;
    5. (e) meets the English language requirement in Part 11 of this Appendix; and
    6. (f) meets the financial requirements in Part 12 of this Appendix.
  2. 24. Entry clearance and leave to enter granted under paragraph 23 will normally be:
    1. (a) for whichever is the shortest period of:
      1. (i) 5 years;
      2. (ii) the remaining duration of the applicant’s partner’s enlistment;
      3. (iii) the remaining duration of the applicant’s partner’s extant leave under paragraph 276KA or 276QA of these Rules or paragraph 15 or 19 of this Appendix 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
      4. (iv) in the case of a fiancé(e) or proposed civil partner, a period not exceeding 6 months; and
    2. (b) subject to the following conditions:
      1. (i) no recourse to public funds; and
      2. (ii) in the case of a fiancé(e) or proposed civil partner, a prohibition on employment.

Indefinite leave to enter

  1. 25. Entry clearance and indefinite leave to enter as the partner of a member of HM Forces will be granted to an applicant who:
    1. (a) is outside the United Kingdom;
    2. (b) has made a valid application for entry clearance and indefinite leave to enter as the partner of a member of HM Forces;
    3. (c) has a partner who:
      1. (i) is a foreign or Commonwealth citizen who is a member of HM Forces with at least 5 years’ reckonable service in HM Forces; or
      2. (ii) has been granted indefinite leave to enter or remain under paragraph 13 or 16 of this Appendix or paragraphs 276E-Q of these Rules and is in the United Kingdom; or
      3. (iii) is a British Citizen;
    4. (d) does not fall to be refused on the grounds of suitability under paragraph 8 or 9;
    5. (e) meets the general eligibility requirements in paragraph 20;
    6. (f) 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 these Rules;
    7. (g) meets the financial requirements in Part 12 of this Appendix; and
    8. (h) has completed a continuous period of 60 months with leave under this Appendix 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.
  2. 26. 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:
    1. (a) where an applicant fails to meet the requirements of paragraph 25 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 this Appendix; or
    2. (b) where an applicant fails to meet the requirements of paragraph 25 by reason only of failing to meet the requirements of paragraph 25(f).
  3. 27. Entry clearance and limited leave to enter granted under paragraph 26 will be subject to a condition of no recourse to public funds.

Leave to remain

  1. 28. Limited leave to remain as the partner of a member of HM Forces will be granted to an applicant who:
    1. (a) is in the United Kingdom, but not:
      1. (i) as a visitor;
      2. (ii) with valid leave that was granted for a period of 6 months or less, unless that leave:
      3. (aa) is as a fiancé(e) or proposed civil partner; or
      4. (bb) was granted pending the outcome of family court or divorce proceedings; or
      5. (iii) on temporary admission or temporary release;
    2. (b) is not in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded;
    3. (c) has made a valid application for limited leave to remain as the partner of a member of HM Forces;
    4. (d) does not fall to be refused on the grounds of suitability under paragraph 8 or 9;
    5. (e) meets the general eligibility requirements in paragraph 20;
    6. (f) is not a fiancé(e) or proposed civil partner of the member of HM Forces, unless:
      1. (i) the applicant is in the United Kingdom with leave as a fiancé(e) or proposed civil partner under paragraph 23 (and that earlier leave was granted in respect of the current sponsor);
      2. (ii) there is good reason why the marriage or civil partnership has not taken place during that period of leave; and
      3. (iii) there is evidence that the marriage or civil partnership will take place within the next 6 months;
    7. (g) meets the English language requirement in Part 11 of this Appendix; and
    8. (h) meets the financial requirements in Part 12 of this Appendix.
  2. 29. Limited leave to remain granted under paragraph 28 will normally be granted:
    1. (a) for whichever is the shortest period of:
      1. (i) 5 years;
      2. (ii) the remaining duration of the applicant’s partner’s enlistment; or
      3. (iii) the remaining duration of the applicant’s partner’s extant leave under paragraph 276KA or 276QA of these Rules or paragraph 15 or 19 of this Appendix 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
      4. (iv) in the case of a fiancé(e) or proposed civil partner, a period not exceeding 6 months; and
    2. (b) subject to the following conditions:
      1. (i) no recourse to public funds; and
      2. (ii) in the case of a fiancé(e) or proposed civil partner, a prohibition on employment.
  3. 30. An applicant granted limited leave to remain under paragraph 29 will be eligible to apply for settlement after a continuous period of 60 months with such leave under this Appendix 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.

Indefinite leave to remain

  1. 31. Indefinite leave to remain as the partner of a member of HM Forces will be granted to an applicant who:
    1. (a) is in the United Kingdom;
    2. (b) is not in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded;
    3. (c) has a partner who:
      1. (i) is a foreign or Commonwealth citizen who is a member of HM Forces with at least 5 years’ reckonable service in HM Forces; or
      2. (ii) has been granted, or is being granted at the same time as the applicant, indefinite leave to enter or remain under paragraph 13 or 16 of this Appendix or paragraphs 276E-Q of these Rules; or
      3. (iii) is a British Citizen;
    4. (d) does not fall to be refused on the grounds of suitability under paragraph 8 or 9;
    5. (e) meets the general eligibility requirements in paragraph 20;
    6. (f) 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 these Rules;
    7. (g) meets the financial requirements in Part 12 of this Appendix; and
    8. (h) has completed a continuous period of 60 months with leave under this Appendix 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.
  2. 32. Limited leave to remain as the 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 the applicant fails to meet the requirements for indefinite leave to remain in paragraph 31:
    1. (a) by reason only of failing to satisfy the suitability requirements in paragraph 8 or 9 in respect of a grant of indefinite leave to remain (but not a grant of limited leave to remain); or
    2. (b) by reason only of failing to meet the requirements of paragraph 31(c)(i) or (ii), provided that the applicant’s sponsor has been granted leave to enter or remain under paragraph 15 or 19 of this Appendix; or
    3. (c) by reason only of failing to meet the requirements of paragraph 31(f).
  3. 33. Limited leave to remain granted under paragraph 32 will be subject to a condition of no recourse to public funds.

Part 5 - Bereaved partners of members of HM Forces

General eligibility requirements

  1. 34. The general eligibility requirements to be met by a bereaved partner of a member of HM Forces are that:
    1. (a) the applicant’s partner at the time of the applicant’s last grant of leave as a partner (other than as a fiancé(e) or proposed civil partner) was:
      1. (i) a foreign or Commonwealth citizen who was a serving member of HM Forces; or
      2. (ii) a discharged member of HM Forces who had been granted, or was seeking at the same time as the applicant, leave to enter or remain under paragraphs 13-19 of this Appendix or paragraphs 276E-QA of these Rules; or
      3. (iii) a British Citizen in HM Forces;
    2. (b) the applicant’s partner has died;
    3. (c) at the time of the applicant’s partner’s death the applicant and the partner:
      1. (i) were both aged 18 or over;
      2. (ii) were not within a prohibited degree of relationship; and
      3. (iii) had met in person; and
    4. (d) at the time of the applicant’s partner’s death the relationship between the applicant and the partner was genuine and subsisting and each of the parties intended to live together permanently.
  2. 34A. For this Part, a reference to a member of HM Forces includes a former member of HM Forces who was discharged more than 2 yeas ago if that member of HM Forces:
    1. (a)
      1. (i) is a British citizen; or
      2. (ii) was granted leave under this Appendix; and
    2. (b) the applicant had leave under these Rules as the partner or child of a member of HM Forces prior to the sponsor’s discharge.

Indefinite leave to enter

  1. 35. Entry clearance and indefinite leave to enter as a bereaved partner of a member of HM Forces will be granted to an applicant who:
    1. (a) is outside the United Kingdom as a result of accompanying their sponsor on an overseas posting;
    2. (b) has made a valid application for entry clearance and indefinite leave to enter as the bereaved partner of a member of HM Forces;
    3. (c) does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
    4. (d) meets the general eligibility requirements in paragraph 34.

Indefinite leave to remain

  1. 36. Indefinite leave to remain as a bereaved partner of a member of HM Forces will be granted to an applicant who:
    1. (a) is in the United Kingdom;
    2. (b) has made a valid application for indefinite leave to remain as the bereaved partner of a member of HM Forces;
    3. (c) does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
    4. (d) meets the general eligibility requirements in paragraph 34.
  2. 37. Limited leave to remain as a bereaved partner of a member of HM Forces for a period of 30 months may be granted to a person who fails to meet the requirements for indefinite leave to remain in paragraph 36 by reason only of failing to meet the suitability requirements in paragraph 8 or 9 in respect of a grant of indefinite leave to remain (but not a grant of limited leave to remain).
  3. 38. Limited leave to remain granted under paragraph 37 will be subject to a condition of no recourse to public funds.

Part 6 - Partners of members of HM Forces who are the victim of domestic violence

General eligibility requirements

  1. 39. The general eligibility requirements to be met by the partner of a member of HM Forces who is a victim of domestic violence are that:
    1. (a) the applicant is in the UK and was:
      1. (i) last admitted to the UK under paragraph 276AD of these Rules or paragraph 23, 26, 28 or 32 of this Appendix; or
      2. (ii) last granted leave to enable access to public funds pending an application under this paragraph and the preceding grant of leave was given in accordance with paragraph 276AD of these Rules or paragraph 23, 26, 28 or 32 of this Appendix;
    2. (b) the leave referred to in sub-paragraph (a)(i) or, where applicable, the preceding grant of leave referred to in sub-paragraph (a)(ii) was as the partner (other than a fiancé(e) or proposed civil partner) of a member of HM Forces who is:
      1. (i) a British Citizen; or
      2. (ii) a foreign or Commonwealth citizen with at least 4 years’ reckonable service in HM Forces at the date of application under this paragraph;
    3. (c) the applicant does not fall to be refused on grounds of suitability under paragraph 8 or 9;
    4. (d) the applicant has made a valid application for indefinite leave to remain as a victim of domestic violence; and
    5. (e) the applicant must provide evidence that during the last period of limited leave as a partner the applicant’s relationship with their partner broke down permanently as a result of domestic violence.

Indefinite leave to remain

  1. 40. Indefinite leave to remain as the partner of a member of HM Forces who is a victim of domestic violence will be granted to an applicant who meets the general eligibility requirements in paragraph 39.
  2. 41. Limited leave to remain for a period of 30 months may be granted to a partner of a member of HM Forces who is a victim of domestic violence who fails to meet the requirements for indefinite leave to remain in paragraph 40 by reason only of failing to meet the suitability requirements in paragraph 8 or 9 in respect of a grant of indefinite leave to remain (but not a grant of limited leave to remain). This will be subject to such conditions as the Secretary of State considers appropriate.

Part 7 - Children of members of HM Forces

General eligibility requirements

  1. 42. The general eligibility requirements to be met by the child of a member of HM Forces are that:
    1. (a) the applicant is the child of a parent who is:
      1. (i) a foreign or Commonwealth citizen who is a serving member of HM Forces; or
      2. (ii) a discharged member of HM Forces who has been granted, or who is being granted at the same time as the applicant, leave to enter or remain under paragraphs 13-19 of this Appendix or paragraphs 276E-QA of these 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
      3. (iii) a member of HM Forces who is a British Citizen; and
    2. (b) the applicant meets one of the following criteria:
      1. (i) the applicant’s other parent must: (aa) also come within paragraph 42(a); or (bb) have been granted leave to enter or remain under paragraphs 23-33 of this Appendix or paragraph 276S, 276V or 276AE of these Rules; or (cc) be being granted leave to enter or remain under paragraphs 23-33 of this Appendix or paragraph 276S, 276V or 276AE of these Rules at the same time as the applicant; or (dd) have died; or
      2. (ii) the parent under paragraph 42(a) has sole responsibility for the applicant’s upbringing; or
      3. (iii) there are serious and compelling family or other considerations which make the applicant’s exclusion from the United Kingdom undesirable and suitable arrangements have been made for their care.

Leave to enter

  1. 43. Entry clearance and leave to enter as the child of a member of HM Forces will be granted to an applicant who:
    1. (a) was either:
      1. (i) under 18 years of age at the date of application; or
      2. (ii) aged 18 or over at the date of application; and was last granted leave to enter or remain under paragraph 43 or 47 of this Appendix or paragraph 276AH of these Rules;
    2. (b) is outside the United Kingdom;
    3. (c) is not married or in a civil partnership;
    4. (d) has not formed an independent family unit;
    5. (e) is not leading an independent life;
    6. (f) has made a valid application for entry clearance and leave to enter as the child of a member of HM Forces;
    7. (g) does not fall to be refused on the grounds of suitability under paragraph 8 or 9;
    8. (h) meets the general eligibility requirements in paragraph 42;
    9. (i) either:
      1. (i) meets the financial requirement in Part 12 of this Appendix; or
      2. (ii) in a case in which sub-paragraph (b)(i)(aa), (b)(i)(dd) or (b)(ii) of paragraph 42 applies will be:
        1. (aa) accommodated adequately by the parent or parents the applicant will be joining without recourse to public funds in accommodation which the parent or parents own or occupy exclusively; and
      3. (bb) maintained adequately by that parent or those parents without recourse to public funds; and
    10. (j) has not applied and does not qualify for indefinite leave to enter under paragraph 45.
  2. 44. Entry clearance and leave to enter granted under paragraph 43 will be granted:
    1. (a) for whichever is the shortest period of:
      1. (i) 5 years; or
      2. (ii) the remaining duration of the applicant’s parent’s enlistment; or
      3. (iii) the remaining duration of the applicant’s parent’s leave; and
    2. (b) subject to a condition of no recourse to public funds.

Indefinite leave to enter

  1. 45. Entry clearance and indefinite leave to enter as the child of a member of HM Forces will be granted to an applicant who:
    1. (a) was either:
      1. (i) under 18 years of age at the date of application; or
      2. (ii) aged 18 or over at the date of application and was last granted leave to enter or remain under paragraph 43 or 47 of this Appendix or paragraph 276AH of these Rules;
    2. (b) is outside the United Kingdom;
    3. (c) is not married or in a civil partnership;
    4. (d) has not formed an independent family unit;
    5. (e) is not leading an independent life;
    6. (f) has made a valid application for entry clearance and indefinite leave to enter as the child of a member of HM Forces;
    7. (g) is the child of:
      1. (i) a foreign or Commonwealth citizen who is a serving member of HM Forces who has completed at least 5 years’ reckonable service; or
      2. (ii) a person who has been granted indefinite leave to enter or remain under paragraph 13 or 16 of this Appendix or paragraphs 276E-Q of these Rules and is in the UK; or
      3. (iii) a member of HM Forces who is a British Citizen;
    8. (h) meets one of the following criteria:
      1. (i) the applicant’s other parent must: (aa) come within paragraph 45(g); or (bb) have been granted indefinite leave to enter or remain under paragraph 25 or 31 of this Appendix or paragraph 276S or 276V of these Rules; or (cc) be being granted indefinite leave to enter or remain under paragraph 25 or 31 of this Appendix or paragraph 276S or 276V of these Rules at the same time as the applicant; or (dd) have died; or
      2. (ii) the parent under paragraph 45(g) has sole responsibility for the applicant’s upbringing; or
      3. (iii) there are serious and compelling family or other considerations which make the applicant’s exclusion from the United Kingdom undesirable and suitable arrangements have been made for their care;
    9. (i) does not fall to be refused on the grounds of suitability under paragraph 8 or 9;
    10. (j) meets the general eligibility requirements in paragraph 42;
    11. (k) where the applicant is aged 18 or over, can demonstrate sufficient knowledge of the English language and about life in the United Kingdom, in accordance with the requirements of Appendix KoLL to these Rules;
    12. (l) will be accommodated adequately by the parent or parents the applicant is seeking to join without recourse to public funds in accommodation which the parent or parents the applicant is seeking to join, own or occupy exclusively; and
    13. (m) will be maintained adequately by the parent or parents the applicant is seeking to join, without recourse to public funds.
  1. 46. Entry clearance and limited leave to enter as a child of a member of HM Forces for a period of 30 months may be granted subject to a condition of no recourse to public funds where:
    1. a) an applicant fails to meet the requirements for indefinite leave to enter in paragraph 45 by reason solely of failing to meet the requirements of paragraph 45(k); or b) an applicant fails to meet the requirements of paragraph 45 by reason only of failing to meet the requirements of paragraph 45(g)(i) or (ii), provided that the applicant’s sponsor has been granted leave to enter or remain under paragraph 15 or 19 of this Appendix.

Leave to remain

  1. 47. Limited leave to remain as the child of a member of HM Forces will be granted to an applicant who:
    1. (a) was either:
      1. (i) under 18 years of age at the date of application; or
      2. (ii) aged 18 or over at the date of application and who was last granted leave under paragraph 43 or 47 of this Appendix or paragraph 276AH of these Rules;
    2. (b) is not married or in a civil partnership;
    3. (c) has not formed an independent family unit;
    4. (d) is not leading an independent life;
    5. (e) is not in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded;
    6. (f) is in the United Kingdom;
    7. (g) has made a valid application for leave to remain as the child of a member of HM Forces;
    8. (h) does not fall to be refused on the grounds of suitability under paragraph 8 or 9;
    9. (i) meets:
      1. (i) the general eligibility requirements in paragraph 42; or
      2. (ii) those general eligibility requirements, except that subparagraph (b)(ii) does not apply but the parent of the applicant falls under paragraph 49(h) and the applicant normally lives with this parent and not their other parent; and
    10. (j) either:
      1. (i) meets the financial requirement in Part 12 of this Appendix; or
      2. (ii) in a case in which sub-paragraph (b)(i)(aa), (b)(i)(dd) or (b)(ii) of paragraph 42 applies (and including the application of sub-paragraph b(ii) as modified by sub-paragraph (i) above) will be:
      3. (aa) accommodated adequately by the parent or parents the applicant is seeking to remain with without recourse to public funds in accommodation which the parent or parents own or occupy exclusively; and
      4. (bb) maintained adequately by that parent or those parents without recourse to public funds.
  2. 48. Leave to remain granted under paragraph 47 will be:
    1. (a) for whichever is the shortest period of:
      1. (i) 5 years; or
      2. (ii) the remaining duration of the applicant’s parent’s enlistment; or
      3. (iii) the remaining duration of the applicant’s parent’s leave; and
    2. (b) subject to a condition of no recourse to public funds.

Indefinite leave to remain

  1. 49. Indefinite leave to remain as the child of a member of HM Forces will be granted to an applicant who has or has had leave to enter or remain under paragraph 43 or 47 of this Appendix or paragraph 276AH of these Rules and who:
    1. (a) was either:
      1. (i) under 18 years of age at the date of application; or
      2. (ii) aged 18 or over at the date of application and who was last granted leave under paragraph 43 or 47 of this Appendix or paragraph 276AH of these Rules;
    2. (b) is not married or in a civil partnership;
    3. (c) has not formed an independent family unit;
    4. (d) is not leading an independent life;
    5. (e) is in the United Kingdom;
    6. (f) has made a valid application for indefinite leave to remain as the child of a member of HM Forces;
    7. (g) is not in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded;
    8. (h) is the child of:
      1. (i) a foreign or Commonwealth citizen who is a serving member of HM Forces who has completed at least 5 years’ reckonable service; or
      2. (ii) a person who has been granted, or is being granted at the same time as the applicant, indefinite leave to enter or remain under paragraph 13 or 16 of this Appendix or paragraphs 276E-Q of these Rules; or
      3. (iii) a member of HM Forces who is a British Citizen;
    9. (i) meets one of the following criteria:
      1. (i) the applicant’s other parent must: (aa) also come within paragraph 49(h); or (bb) have been granted indefinite leave to enter or remain under paragraph 25 or 31 of this Appendix or paragraph 276S or 276V of these Rules; or
      2. (cc) be being granted indefinite leave to enter or remain under paragraph 25 or 31 of this Appendix or paragraph 276S or 276V of these Rules at the same time as the applicant; or (dd) have died; or
      3. (ii) the parent under paragraph 49(h) has sole responsibility for the applicant’s upbringing or the applicant normally lives with this parent and not their other parent; or
      4. (iii) there are serious and compelling family or other considerations which make the applicant’s exclusion from the United Kingdom undesirable and suitable arrangements have been made for their care;
    10. (j) does not fall to be refused on the grounds of suitability under paragraph 8 or 9;
    11. (k) meets the general eligibility requirements in paragraph 42;
    12. (l) where the applicant is aged 18 or over, can demonstrate sufficient knowledge of the English language and about life in the United Kingdom, in accordance with the requirements of Appendix KoLL to these Rules;
    13. (m) will be accommodated adequately by the parent or parents the applicant is seeking to remain with without recourse to public funds in accommodation which the parent or parents the applicant is seeking to join own or occupy exclusively; and
    14. (n) will be maintained adequately by the parent or parents the applicant is seeking to join, without recourse to public funds.
  2. 50. Limited leave to remain as a child of a member of HM Forces for a period of 30 months and subject to a condition of no recourse to public funds will be granted:
    1. (a) where an applicant fails to meet the requirements for indefinite leave to remain in paragraph 49 by reason only of failing to satisfy the suitability requirements in paragraph 8 or 9 in respect of a grant of indefinite leave to remain (but not a grant of limited leave to remain); or
    2. (b) where an applicant fails to meet the requirements for indefinite leave to remain by reason only of failing to meet the requirements in paragraph 49(l); or c) by reason only of failing to meet the requirements of paragraph 49(h)(i) or (ii), provided that the applicant’s sponsor has been granted leave to enter or remain under paragraph 15 or 19 of this Appendix.

Part 8 - Bereaved children of members of HM Forces

General eligibility requirements

  1. 51. The general eligibility requirements to be met by a bereaved child of a member of HM Forces are that:
    1. (a) one of their parents has died and at the time of their death was:
      1. (i) a foreign or Commonwealth citizen who was a serving member of HM Forces; or
      2. (ii) a discharged member of HM Forces who had been granted, or was seeking at the same time as the applicant, leave to enter or remain under paragraphs 13-19 of this Appendix or paragraphs 276E-QA of these Rules; or
      3. (iii) a British Citizen who was a member of HM Forces; and
    2. (b) they meet one of the following criteria:
      1. (i) their other parent must: (aa) also come within sub-paragraph 51(a); or (bb) have been granted, or be being granted at the same time as the applicant, leave to enter or remain under paragraphs 23-33 or 35-37 of this Appendix, under paragraph 276S, 276V or 276AE of these Rules or under any concession that existed outside these Rules whereby the Secretary of State exercised her discretion to grant leave to enter or remain to bereaved partners of foreign or Commonwealth members of HM Forces; or
      2. (cc) have died; or
      3. (ii) the parent referred to in sub-paragraph (a) had sole responsibility for their upbringing; or
      4. (iii) there are serious and compelling family or other considerations which make exclusion of the applicant from the United Kingdom undesirable and suitable arrangements have been made for their care.

Indefinite leave to enter

  1. 52. Entry clearance and indefinite leave to enter as a bereaved child of a member of HM Forces will be granted to an applicant who:
    1. (a) was either:
      1. (i) under 18 years of age at the date of application; or
      2. (ii) aged 18 or over at the date of application and was last granted leave to enter or remain under paragraph 43 or 47 of this Appendix or paragraph 276AH of these Rules;
    2. (b) is outside the United Kingdom;
    3. (c) is not married or in a civil partnership;
    4. (d) has not formed an independent family unit;
    5. (e) is not leading an independent life;
    6. (f) has made a valid application for entry clearance and indefinite leave to enter as the bereaved child of a member of HM Forces;
    7. (g) does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
    8. (h) meets the general eligibility requirements in paragraph 51.

Indefinite leave to remain

  1. 53. Indefinite leave to remain as a bereaved child of a member of HM Forces will be granted to an applicant who:
    1. (a) is in the United Kingdom;
    2. (b) was either:
      1. (i) under 18 years of age at the date of application; or
      2. (ii) aged 18 or over at the date of application and was last granted leave to enter or remain under paragraph 43 or 47 of this Appendix or paragraph 276AH of these Rules; and
    3. (c) is not married or in a civil partnership;
    4. (d) has not formed an independent family unit;
    5. (e) is not leading an independent life;
    6. (f) has made a valid application for indefinite leave to remain as the bereaved child of a member of HM Forces;
    7. (g) does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
    8. (h) meets the general eligibility requirements in paragraph 51.
  2. 54. Limited leave to remain as a bereaved child of a member of HM Forces for a period of 30 months will be granted subject to a condition of no recourse to public funds to an applicant who fails to meet the requirements for indefinite leave to remain in paragraph 53 by reason solely of failing to meet the suitability requirements in paragraph 8 or 9 in respect of a grant of indefinite leave (but not a grant of limited leave to remain).

Part 9 - Members of Armed Forces who are not exempt from immigration control

General eligibility requirements

  1. 55. The general eligibility requirements for members of armed forces who are not exempt from immigration control are that they:
    1. (a) are a member of a foreign armed force;
    2. (b) have been invited by:
      1. (i) HM Forces to undergo training in the United Kingdom which HM Forces will provide; or
      2. (ii) the Ministry of Defence to study, or become familiarised with military equipment being supplied by a firm in the United Kingdom;
    3. (c) will leave the United Kingdom after the period of training, study or familiarisation;
    4. (d) can provide evidence that they are able to maintain themselves and any dependants adequately in the United Kingdom without recourse to public funds;
    5. (e) can provide evidence that there will be adequate accommodation, without recourse to public funds, for themselves and any dependants in the United Kingdom, including any other dependants who are not included in the application but who will live in the same household in the United Kingdom, which the applicant and their dependants own or occupy exclusively: accommodation will not be regarded as adequate if:
      1. (i) it is, or will be, overcrowded; or
      2. (ii) it contravenes public health regulations.

Leave to enter

  1. 56. Entry clearance (where required under paragraph 6(a)) or leave to enter as a member of an armed force not exempt from immigration control will be granted to an applicant who:
    1. (a) is outside the United Kingdom;
    2. (b) has made a valid application for entry clearance or leave to enter as a member of an armed force not exempt from immigration control;
    3. (c) does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
    4. (d) meets the general eligibility requirements in paragraph 55.
  2. 57. Entry clearance or leave to enter granted under paragraph 56 will be granted:
    1. (a) for whichever is the shorter period of:
      1. (i) 4 years; and
      2. (ii) the duration of the training, study or familiarisation; and
    2. (b) subject to the following conditions:
      1. (i) no recourse to public funds; and
      2. (ii) a prohibition on employment other than that for the purposes for which the applicant was granted leave to enter.
  3. 58. Entry clearance or leave to enter granted under paragraph 56 may be granted subject to the conditions in paragraph 57(b) for an additional period of 3 months beyond the end of the training, study or familiarisation where:
    1. (a) such leave is required in order to enable the applicant to meet third country transit regulations which require passengers to have 3 months’ extant leave in the United Kingdom;
    2. (b) travel to the third country forms part of the training, study or familiarisation; and
    3. (c) the total period of leave granted does not exceed 4 years.

Leave to remain

  1. 59. Limited leave to remain as a member of an armed force not exempt from immigration control will be granted to an applicant who:
    1. (a) is in the United Kingdom;
    2. (b) was last granted leave to enter or remain under paragraph 56 or 59 of this Appendix 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 members of armed forces who are not exempt from immigration control;
    3. (c) is not in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded;
    4. (d) has made a valid application for leave to remain as a member of an armed force not exempt from immigration control;
    5. (e) does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
    6. (f) meets the general eligibility requirements in paragraph 55. 60. Limited leave to remain granted under paragraph 59 will be granted:
    7. (a) for whichever is the shorter period of:
      1. (i) 4 years; or
      2. (ii) the duration of the training, study or familiarisation; and provided the total period of leave granted (including any leave granted under paragraph 57 or 59) does not exceed 4 years; and
    8. (b) subject to the following conditions:
      1. (i) no recourse to public funds; and
      2. (ii) a prohibition on employment other than that for the purposes for which the applicant was granted leave to remain.
  2. 61. Limited leave to remain granted under paragraph 59 may be granted subject to the conditions in paragraph 60(b) for an additional 3 months beyond the end of the training, study or familiarisation where:
    1. (a) such leave is required in order to enable the applicant to meet third country transit regulations which require passengers to have 3 months’ extant leave in the United Kingdom;
    2. (b) travel to the third country forms part of the training, study or familiarisation; and
    3. (c) the total period of leave granted (including any leave granted under paragraph 57 or 59 or the concession which existed outside these Rules) whereby the Secretary of State exercised her discretion to grant leave to enter or remain to members of armed forces who are not exempt from immigration control does not exceed 4 years.

Part 9A - Relevant Civilian Employees

General Eligibility Requirements

  1. 61A. The general eligibility requirements for Relevant Civilian Employees are that the applicant:
    1. (a) is a Relevant Civilian Employee;
    2. (b) will leave the United Kingdom at the end of their period of employment;
    3. (c) can provide evidence that they are able to maintain themselves and any dependants adequately in the United Kingdom without recourse to public funds; and
    4. (d) can provide evidence that there will be adequate accommodation, without recourse to public funds, for themselves and any dependants in the United Kingdom, including any other dependants who are not included in the application but who will live in the same household in the United Kingdom, which the applicant and their dependants own or occupy exclusively: accommodation will not be regarded as adequate if:
      1. (i) it is, or will be, overcrowded; or
      2. (ii) it contravenes public health regulations.

Leave to enter

  1. 61B. Entry clearance (where required under paragraph 6(a)) or leave to enter as a Relevant Civilian Employee will be granted to an applicant who:
    1. (a) is outside the United Kingdom;
    2. (b) has made a valid application for entry clearance or leave to enter as a Relevant Civilian Employee;
    3. (c) does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
    4. (d) meets the general eligibility requirements in paragraph 61A.
  2. 61C. Entry clearance or leave to enter granted under paragraph 61B will be granted:
    1. (a) for
      1. (i) in respect of an application from a civilian employee of a NATO force or the Australian Department of Defence:
        1. (aa) 6 months, where the duration of their period of employment in the United Kingdom does not exceed 6 months; or
        2. (bb) five years, where the duration of their period of em,ployment in the United Kingdom exceeds 6 months; or
      2. (ii) in respect of a civilian employee of a company under contract to a NATO force, the duration of their period of employment in the United Kingdom or, if the shorter period, 4 years; and
    2. (b) subject to the following conditions:
      1. (i) no recourse to public funds; and
      2. (ii) a prohibition on employment other than for the purposes for which the applicant was last granted leave to enter.

Leave to remain

  1. 61D. Leave to remain as a Relevant Civilian Employee will be granted to an applicant who:
    1. (a) is in the United Kingdom;
    2. (b) was last:
      1. (i) granted leave to enter or remain under paragraph 61C or 61E of this Appendix or under the concessions which existed outside these Rules whereby the Secretary of State exercised her discretion to grant leave to enter or remain to Relevant Civilian Employees; or
      2. (ii) exempt from control under section 8(4)(b) or (c) of the Immigration Act 1971 and has been offered employment as a Relevant Civilian Employee;
    3. (c) is not in breach of any immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded;
    4. (d) has made a valid application for leave to remain as a Relevant Civilian Employee;
    5. (e) does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
    6. (f) meets the general eligibility requirements set out in paragraph 61A.
  2. 61E. Leave to remain granted under paragraph 61D will be granted:
    1. (a) for:
      1. (i) in respect of an application from a civilian employee of a NATO force or the Australian Department of Defence, five years; or
      2. (ii) in respect of an application from a civilian employee of a company under contract to NATO, the duration of their period of employment in the United Kingdom, or, if the shorter period, four years; and
    2. (b) subject to the following conditions:
      1. (i) no recourse to public funds; and
      2. (ii) a prohibition on employment other than for the purposes for which the applicant was last granted leave to enter or remain.

Part 10 - Dependants of non-HM Forces and of Relevant Civilian Employees

General eligibility requirements

  1. 62. The general eligibility requirements to be met by dependants of a member of non-HM Forces or of a Relevant Civilian Employee are that:
    1. (a) the applicant is sponsored by:
      1. (i) a serving armed forces member who is exempt from immigration control under section 8(4)(b) or (c) of the Immigration Act 1971; or
      2. (ii) a serving armed forces member who: (aa) has leave to enter or remain under paragraph 56 or 59 of this Appendix or under any concession that existed outside these Rules whereby the Secretary of State exercised her discretion to grant leave to enter or remain to members of armed forces who are not exempt from immigration control; or (bb) is being granted leave to enter or remain under paragraph 56 or 59 of this Appendix at the same time as the applicant; or
      3. (iii) a Relevant Civilian Employee who: (aa) has been granted leave to enter or remain under paragraph 61B or 61D 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 Relevant Civilian Employee; or (bb) is being granted leave to enter or remain under paragraph 61B or 61D at the same time as the applicant;
    2. (b) the applicant’s sponsor is:
      1. (i) the applicant’s partner (except a fiancé(e) or proposed civil partner) where: (aa) both parties are aged 18 or over; (bb) both parties intend to live with the other during their stay in the United Kingdom; and
      2. (cc) the relationship is genuine and subsisting; or
      3. (ii) the applicant’s parent and the applicant:
        1. (aa) is under 18 years of age at the date of application;
        2. (bb) is not married or in a civil partnership;
        3. (cc) has not formed an independent family unit; and
        4. (dd) is not living an independent lifer; or
      4. (iii) a serving armed forces member who is exempt from immigration control under section 8(4)(b) or (c) of the Immigration Act 1971 or a civilian employed to work in the UK by a NATO force or the Australian Department of Defence and the applicant:
        1. (aa) is a dependant other than a partner within the meaning of section 12(4)(b) of the Visiting Forces Act 1952 or Article I(c) of the NATO Status of Forces Agreement; and
        2. (bb) is listed as a dependant of the sponsor on the sponsor’s military movement orders or equivalent civilian posting letter;
    3. (c) the applicant must provide evidence that their sponsor is able to maintain and accommodate themselves, the applicant and any dependants adequately in the United Kingdom without recourse to public funds;
    4. (d) the applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the applicant, the applicant’s sponsor and any other family members of the applicant, including other family members who are not included in the application but who will live in the same household, which the applicant, the applicant’s sponsor and the other family members own or occupy exclusively: accommodation will not be regarded as adequate if-
      1. (i) it is, or will be, overcrowded; or
      2. (ii) it contravenes public health regulations; and
    5. (e) the applicant intends to leave the United Kingdom at the end of their sponsor’s period of posting, employment, training, study or familiarisation in the United Kingdom.
  2. 63. Where the sponsor is the applicant’s parent, the applicant must meet one of the following criteria:
    1. (a) their other parent must:
      1. (i) also meet the criteria set out in paragraph 62(a)(i), (ii) or (iii); or
      2. (ii) either: (aa) have been granted leave to enter or remain as a partner in relation to that member of non-HM Forces or Relevant Civilian Employee under paragraph 64 or 66 of this Appendix or paragraph 276AE of these Rules or under any concession that existed outside these Rules whereby the Secretary of State exercised her discretion to grant leave to enter or remain to partners of non-exempt members of armed forces or Relevant Civilian Employees;or (bb) be being granted leave to enter or remain under paragraph 64 or 66 at the same time as the applicant; or
      3. (iii) have died; or
      4. (iv) be exempt from immigration control; or
    2. (b) the parent they are joining in paragraph 62(a) has sole responsibility for their upbringing; or
    3. (c) there are serious and compelling family or other considerations which make the applicant’s exclusion from the United Kingdom undesirable and suitable arrangements have been made for their care.

Leave to enter

  1. 64. Entry clearance (where required under paragraph 6(a)) or leave to enter as the dependant of a member of non-HM Forces or of a Relevant Civilian Employees will be granted to an applicant who:
    1. (a) is outside the United Kingdom;
    2. (b) has made a valid application for entry clearance or leave to enter as the dependant of a member of non-HM Forces or of a Relevant Civilian Employee;
    3. (c) does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
    4. (d) meets the general eligibility requirements in paragraph 62 and where relevant one of the criteria in paragraph 63.
  2. 65. Entry clearance or leave to enter granted under paragraph 64 will be granted:
    1. (a) for
      1. (i) in respect of an application from the dependant of an armed forces member who is not exempt from immigration control or of a civilian employee of a company under contract to a NATO force, the duration of the sponsor’s period of posting, employment, training, study or familiarisation in the United Kingdom or, if the shorter period, 4 years; or
      2. (ii) in respect of an application from the dependant of an armed forces member who is exempt from immigration control under section 8(4)(b) or (c) of the Immigration Act 1971 or of a civilian employee of a NATO force or the Australian Department of Defence:
        1. (aa) 6 months, where the duration of the sponsor’s period of posting, employment, training study or familiarisation in the United Knigdom does not exceed 6 months; or
        2. (bb) a maximum of 5 years, where the duration of the sponsor’s period of posting, employment, training, study or familiarisation in the United Kingdom exceeds 6 months; and
    2. (b) subject to the following conditions:
      1. (i) no recourse to public funds; and
      2. (ii) in respect of applications from dependants of Relevant Civilian Employees or of armed forces members who are not exempt from immigration control and are being granted leave to enter for less than 6 months, a prohibition on employment.

Leave to remain

  1. 66. Leave to remain as the dependant of a member of non-HM Forces or of Relevant Civilian Employees will be granted to an applicant who:
    1. (a) is in the United Kingdom;
    2. (b) in relation to an application to which sub-paragraph 62(a)(ii) applies, was last granted leave to enter or remain under paragraph 64 or 66 of his Appendix 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 the dependant of a member of the armed forces who is not exempt from immigration control;
    3. (c) is not in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded;
    4. (d) has made a valid application for leave to remain as the dependant of a member of non-HM Forces or of a Relevant Civilian Employee;
    5. (e) does not fall to be refused on the grounds of suitability under paragraph 8 or 9; and
    6. (f) meets the general eligibility criteria in paragraph 62 and, where the sponsor is the applicant’s parent, one of the criteria in paragraph 63, except that the applicant does not need to be under 18 years of age at the date of application where:
      1. (i) paragraph 66(b) applies; or
      2. (ii) sub-paragraph 62(a)(ii) applies and the applicant was last granted leave to enter or remain under paragraph 64 or 66 of this Appendix 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 the dependant of an employee of a company under contract to a NATO force; or
      3. (iii) paragraph 62(b)(iii) applies.
  2. 67. Leave to remain granted under paragraph 66 will be granted:
    1. (a) for:
      1. (i) in respect of an application from the dependant of an armed forces member who is not exempt from immigration control or of a civilian employee of a company under contract to a NATO force, the duration of the sponsor’s period of posting, employment, training, study or familiarisation in the United Kingdom, or, if the shorter period, 4 years; or
      2. (ii) in respect of an application from the dependant of an armed forces member who is exempt from immigration control under section 8(4)(b) or (c) of the Immigration Act 1971 or of a civilian employee of a NATO force or the Australian Department of Defence, a maximum of 5 years; and
      3. (iii) the duration of the sponsor’s posting, employment, training, study or familiarisation; and
    2. (b) subject to the following conditions:
      1. (i) no recourse to public funds; and
      2. (ii) in respect of applications from dependants of Relevant Civilian Employees or of armed forces members who are not exempt from immigration control and are being granted leave to remain for less than 6 months, a prohibition on employment.

Part 11 - English language requirements

Meeting the English language requirement in applications for leave to enter or remain

  1. 68. Where an English language requirement applies to an application for leave to enter or remain made by a partner under this Appendix, and if the applicant has not met the requirement in a previous application for leave as a partner, the applicant must provide specified evidence set out in Appendix FM-SE and Appendix O that they:
    1. (a) are a national of a majority English speaking country listed in paragraph 70 of this Part;
    2. (b) have passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with a provider approved by the Secretary of State for these purposes, as listed in Appendix O, for a test at a test centre approved by the Secretary of State as a Secure English Language Test centre;
    3. (c) have an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
    4. (d) are exempt from the English language requirement under paragraph 69 of this Part.

Exemptions from the English language requirement

  1. 69. The applicant is exempt from the English language requirement if at the date of application:
    1. (a) the applicant is aged 65 or over;
    2. (b) the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
    3. (c) there are exceptional circumstances which prevent the applicant from being able to meet the requirement, which for an application for entry clearance is prior to entry to the UK.

Majority English speaking countries

  1. 70. For the purposes of paragraph 68(a) of this Part the applicant must be a national of : Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, or the United States of America.
  2. 70A. For the avoidance of doubt paragraphs 27-32D of Appendix FM-SE apply to applications for entry clearance and limited leave to enter or remain made under Part 4 of this Appendix where English language requirements apply, regardless of the date of application.

Part 12 - Financial requirements

This Part applies where the financial requirements in Part 12 must be met in an application for leave to enter or remain or for indefinite leave to enter or remain made under this Appendix by a partner or child of a member of HM Forces. Paragraphs A. to 21 of Appendix FM-SE to these Rules apply to applications to which this Part applies. References in this Part to the applicant’s parent or the applicant’s parent’s partner relate only to applications made by a child under this Appendix. References in this Part to a partner or to the applicant’s partner do not refer to the partner of a child making an application under this Appendix.

Financial requirements for applications for leave to enter

  1. 71. The applicant must provide specified evidence, from the sources listed in paragraph 73, of:
    1. (a) a specified 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 of an amount equivalent to the difference - 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 73(a)-(f) and the total amount required under paragraph 71(a); or
    3. (c) the requirements in paragraph 74 are met.
  2. 72. In paragraph 71 “child” means a dependent child of the applicant or of the applicant’s parent 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;
    2. (b) applying for entry clearance or has limited leave to enter or remain in the United Kingdom under this Appendix;
    3. (c) not a British Citizen or settled in the United Kingdom; and
    4. (d) not an EEA national with a right to be admitted under the Immigration (EEA) Regulations 2006.
  3. 73. When determining whether the financial requirements in paragraph 71 are met only the following sources will be taken into account:
    1. (a) income of the applicant’s partner or the applicant’s parent’s partner from specified employment or self-employment, which, in respect of a partner (or applicant’s parent’s partner) returning to the United Kingdom with the applicant, can include specified employment or self-employment overseas and in the United Kingdom;
    2. (b) income of the applicant’s parent from specified employment or self-employment if they are in the United Kingdom unless they are working illegally;
    3. (c) specified pension income of the applicant and their partner or of the applicant’s parent and that parent’s partner;
    4. (d) any specified maternity allowance or bereavement benefit in the UK, or any specified benefit relating to service in HM Forces, received by the applicant and their partner or by the applicant’s parent and that parent’s partner;
    5. (e) other specified income of the applicant and their partner or of the applicant’s parent and that parent’s partner; and
    6. (f) income from the sources at sub-paragraphs (b), (d) and (e) of a dependent child of the applicant or the applicant’s parent under paragraph 72 who is aged 18 or over; and
    7. (g) 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 under paragraph 72 who is aged 18 or over.
  4. 74. The requirements to be met under this paragraph are:
    1. (a) the applicant’s partner or the applicant’s parent’s partner must be receiving one or more of the following:
      1. (i) Disability Living Allowance;
      2. (ii) Severe Disablement Allowance;
      3. (iii) Industrial Injury Disablement Benefit;
      4. (iv) Attendance Allowance;
      5. (v) Carer’s Allowance;
      6. (vi) Personal Independence Payment;
      7. (vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or
      8. (viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; and
    2. (b) the applicant must provide evidence that their partner (or their parent’s partner) is able to maintain and accommodate themselves, the applicant (and their parent) and any dependants adequately in the UK without recourse to public funds.
  5. 75. The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if:
    1. (a) it is, or will be, overcrowded; or
    2. (b) it contravenes public health regulations.

Financial requirements for applications for leave to remain

  1. 76. The applicant must provide specified evidence, from the sources listed in paragraph 78, of:
    1. (a) a specified 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 of an amount equivalent to the difference - multiplied by the length in years of any 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 78(a)-(f) and the total amount required under paragraph 76(a); or
    3. (c) the requirements in paragraph 79 are met.
  2. 77. In paragraph 76, “child” means a dependent child of the applicant or of the applicant’s parent 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;
    2. (b) applying for entry clearance or is in the United Kingdom;
    3. (c) not a British Citizen or settled in the United Kingdom; and
    4. (d) not an EEA national with a right to remain in the United Kingdom under the Immigration (EEA) Regulations 2006.
  3. 78. When determining whether the financial requirements in paragraph 76 are met only the following sources may be taken into account:
    1. (a) income of the applicant’s partner or of the applicant’s parent’s partner from specified employment or self-employment;
    2. (b) income of the applicant (where aged 18 or over) or of the applicant’s parent from specified employment or self-employment unless they are working illegally;
    3. (c) specified pension income of the applicant and their partner or of the applicant’s parent and that parent’s partner;
    4. (d) any specified maternity allowance or bereavement benefit in the UK, or any specified benefit relating to service in HM Forces, received by the applicant or their partner or by the applicant’s parent and that parent’s partner;
    5. (e) other specified income of the applicant and their partner or of the applicant’s parent and that parent’s partner;
    6. (f) income from the sources at sub-paragraphs (b), (d) or (e) of a dependent child of the applicant or their parent under paragraph 77 who is aged 18 years or over; and
    7. (g) specified savings of the applicant and their partner; of the applicant’s parent and that parent’s partner; or of a dependent child of the applicant or the applicant’s parent under paragraph 77 who is aged 18 or over.
  4. 79. The requirements to be met under this paragraph are:
    1. (a) the applicant’s partner or the applicant’s parent’s partner must be receiving one or more of the following:
      1. (i) Disability Living Allowance;
      2. (ii) Severe Disablement Allowance;
      3. (iii) Industrial Injury Disablement Benefit;
      4. (iv) Attendance Allowance;
      5. (v) Carer’s Allowance;
      6. (vi) Personal Independence Payment;
      7. (vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or
      8. (viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; and
    2. (b) the applicant must provide evidence that their partner (or their parent’s partner) is able to maintain and accommodate themselves, the applicant (and their parent) and any dependants adequately in the UK without recourse to public funds.
  5. 80. The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if:
    1. (a) it is, or will be, overcrowded; or
    2. (b) it contravenes public health regulations.

Financial requirements for applications for indefinite leave to enter or remain

  1. 81. The applicant must meet all of the requirements of paragraphs 71 to 75 (for indefinite leave to enter) or paragraphs 76 to 80 (for indefinite leave to remain), except that instead of the requirement in paragraph 71(b) or 76(b) the applicant must provide specified evidence from the sources listed in paragraph 73 or 78, (as the case may be) of specified savings of:
    1. (i) £16,000; and
    2. (ii) additional savings of an amount equivalent to the difference between the gross annual income from the sources listed in paragraph 73(a)-(f) or 78(a)-(f) and the total amount required under paragraph 71(a) or 76(a).