ILR Application On Discharge From HM Forces

You can apply for ILR as a foreign or commonwealth citizen discharged from HM forces if you meet the eligibility criteria as set out in Appendix Armed Forces of the Immigration Rules.

Requirements For ILR After Discharge From HM Forces

According to paragraph 16 of Appendix Armed Forces, an Indefinite leave to remain as a foreign or Commonwealth citizen discharged from 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 these Rules applies, any current period of overstaying will be disregarded;
• has made a valid application for indefinite leave to remain as a foreign or Commonwealth citizen discharged from HM Forces;
• does not fall to be refused on the grounds of suitability under paragraph 8 or 9 of the Appendix Armed Forces; and
• meets the general eligibility requirements in paragraph 11 of Appendix Armed Forces.

To be eligible the applicant on discharge must:

• have completed a minimum of four years ’reckonable service’
• meet the criteria for medical discharge
• have been discharged from HM Forces not more than two years before the application
• have leave under paragraph 276KA or 276QA of the Immigration Rules or paragraph 15 or 19 of Appendix Armed Forces or under the concession for medical discharge
• not fall for refusal under part 2 of Appendix Armed Forces to the Immigration Rules
• if the applicant is a Gurkha, be a citizen or national of Nepal;

And on medical discharge:

• have been medically discharged from HM Forces not more than two years before the application unless new evidence is produced regarding their prognosis
• have been medically discharged due to an illness or injury which is attributable to service in HM Forces either where it came about owing to deployment in an operational theatre (where military action takes place), or
  it is appropriate to grant leave taking into account the:
  • seriousness of the illness or
  • injury
  • need for further medical treatment, and the availability of such treatment in the applicant’s country of origin
  • prognosis for recovery including whether the injury or illness affects the applicant’s ability to support themselves in their country of origin
  • applicant’s length of reckonable service at the time of discharge

Circumstances In Which Limited Leave To Remain May Be Granted Instead Of ILR

According to paragraph 17 of Appendix Armed Forces, 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 (ILR) in paragraph 16 of this Appendix by reason only of failing to meet the suitability requirements in paragraph 8 or 9 of Appendix Armed Forces in respect of a grant of indefinite leave to remain (but not a grant of limited leave to remain).

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 of Appendix Armed Forces, provided that the following conditions are met:

• P has been medically discharged from HM Forces;
• the cause of P’s discharge was attributable to service in HM Forces; and
• before P can return to P’s country of origin it is appropriate to grant limited leave to remain to facilitate:
  • further medical treatment for P; or
  • a period of recovery for P.

Limited leave to remain granted under paragraph 17 or 18 of Appendix Armed Forces 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.

Super Priority Service For ILR On Discharge From HM Forces

As 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 application whereby decision on your application will be made by the Home Office UKVI within 24 hours of the submission of the application at a designated service centre.

Our ILR solicitors can prepare and submit your ILR application to the Home Office, UKVI through Super Priority Service (SPS) and get 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).

How Can We Help?

Our expert team of ILR solicitors specialise in ILR applications as a foreign or commonwealth citizen who has been discharged from HM forces. If instructed to represent you regarding your application for ILR after discharge from HM forces, we will carry out all the work on your ILR 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 ILR solicitors will include the following:

• Assessing your eligibility for ILR by considering all your personal circumstances;
• Advising you on the weaknesses and strengths of your ILR application after discharge from HM Forces;
• 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 after discharge from HM Forces by gathering all the relevant information from you;
• Helping you with paying the ILR application fee for your application;
• Booking your appointment with the application centre for verification of documents and enrolment of 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.

Our Fixed Fee For ILR After Discharge From HM Forces

Unless your matter is extremely complex, our fees for providing expert legal help and assistance with an application for ILR after discharge from HM forces are given in the fee table below:

The agreed fixed fee will depend on the complexity of the application for ILR and the volume of casework involved in the application. In addition to our fixed fee for helping with an ILR application, the applicant will also have to pay the Home office UKVI fees for the ILR application.