ILR As A Partner Of A Member Of HM Forces
You can apply for Indefinite Leave to Remain (ILR) as a partner of a member of HM Forces who is a foreign or Commonwealth citizen if you meet the relevant requirements as set out in Appendix Armed Forces of the Immigration Rules.
According to paragraph 31 of Appendix Armed Forces, Indefinite Leave to Remain (ILR) as the partner of a member of HM Forces will be granted to an applicant who:
- is in the United Kingdom;
- is not in breach of immigration laws, except that, where paragraph 39E of Immigration Rules applies, any current period of overstaying will be disregarded;
- 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, or is being granted at the same time as the applicant, indefinite leave to enter or remain under paragraph 13 or 16 of Appendix Armed Forces or paragraphs 276E-Q of Immigration Rules; 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 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 32 of Appendix Armed Forces, 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:
- by reason only of failing to satisfy the suitability requirements in paragraph 8 or 9 of Appendix Armed Forces in respect of a grant of indefinite leave to remain (ILR) (but not a grant of limited leave to remain); or
- 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 Appendix Armed Forces; or
- by reason only of failing to meet the requirements of paragraph 31(f).
Limited leave to remain granted under paragraph 32 will be subject to a condition of no recourse to public funds.
As one of the expert immigration solicitors based in London we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your ILR application whereby decision on your ILR application will be made by the Home Office UKVI within 24 hours of the enrolment of biometrics at a designated service centre.
Our specialist immigration solicitors can prepare and submit your ILR application to the Home Office, UKVI through Super Priority Service (SPS) and get a decision on your ILR application within 24 hours. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).
Our expert team of immigration solicitors specialise in ILR applications. If instructed to represent you regarding your application for ILR as a partner of a member of HM Forces who is a foreign or Commonwealth citizen, we will carry out all the work on your application until a decision is made by the Home Office UKVI on your ILR application. The immigration casework to be carried out by our expert team of immigration solicitors will include the following:
- Assessing your eligibility for ILR by considering all the relevant information and evidence;
- Advising you on the weaknesses and strengths of your ILR application;
- Advising you on the relevant documents to be submitted in support of your ILR application;
- Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
- Completing and submitting the online application form to apply for ILR by gathering all the relevant information from you and your partner;
- Helping you with paying the ILR application fee and booking your appointment with the UKVCAS centre for enrolment of your biometrics;
- Preparing a detailed cover letter to introduce and support your ILR application;
- Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
- Liaising with the Home Office UKVI for a timely decision on your ILR application.
Unless your matter very is complicated, our fixed fees for ILR as a partner of a member of HM forces who is foreign or Commonwealth citizen are given in the fee table below:
|Our Service||Our Fee|
|Full service for your ILR application to cover all the work until decision by the Home Office UKVI||From £800 + VAT To £1,500 + VAT|
The agreed fixed fee will depend on the complexity of the ILR application and the volume of casework involved in the application. In addition to our fixed fee for the ILR application, the applicant will also have to pay the Home office UKVI fees for the application.