Indefinite Leave To Enter (ILE) As A Bereaved Partner Of Member Of HM Forces

Entry Clearance for Indefinite Leave to Enter (ILE) allows eligible former members of His Majesty’s Armed Forces to settle permanently in the UK after leaving military service. The application must be made from outside the UK and, in most cases, within two years of the applicant’s discharge date. Individuals discharged on medical grounds may still qualify outside this timeframe, subject to specific conditions.  

For a successful application, the applicant must meet the requirements set out in Appendix HM Armed Forces of the Immigration Rules, including service length, discharge status, and suitability criteria. This route applies only to regular service personnel in the Royal Navy, Royal Marines, British Army (including the Brigade of Gurkhas), and Royal Air Force and does not include the Reserve forces. 

Sunrise Solicitors offers specialist legal support to former Armed Forces personnel seeking ILE. Contact us today and get free immigration advice from our expert solicitors. 

Requirements For Indefinite Leave to Enter (ILE)

An applicant seeking to settle in the UK as a HM Armed Forces service leaver must apply for and obtain entry clearance from outside the UK before arrival. The following are the requirements for a valid application under Appendix HM Armed Forces. 

Suitability Requirement

The applicant must meet the suitability requirements under Part Suitability of the Immigration Rules. In accordance with paragraphs AF 2.1 of Appendix HM Armed Forces, the application must not fall for refusal on any mandatory or discretionary suitability ground set out in Part Suitability, including grounds relating to criminality, exclusion on public good grounds, deception or false representations, conduct or character concerns, or other refusal grounds.  

Tuberculosis Test Certificate (if applicable)

Where an applicant applies for entry clearance for ILE on discharge from HM Armed Forces, a tuberculosis test certificate is required if the applicant has been continuously present for six months or more in a country listed under Appendix Tuberculosis (TB) immediately prior to the application. The applicant must provide a valid certificate from an approved medical practitioner confirming that they do not have active pulmonary tuberculosis. 

Military Service Requirement for HM Armed Forces Service

To meet the military service requirement for entry clearance for ILE, the applicant must have either completed a minimum of four years of reckonable service in HM Armed Forces or have been medically discharged in accordance with the requirements under Appendix HM Armed Forces. Reckonable service is limited to periods that count towards an Armed Forces pension, excluding specified periods of unpaid or non-active service.  

At the date of application, the applicant must meet one of the timing requirements set out in paragraph AF 5.3. The application must be made either within 18 weeks before discharge from HM Armed Forces or within two years after discharge. Where the applicant was medically discharged more than two years before the application, they must provide new and relevant medical evidence that is under consideration by the Home Office. This requirement is also met where the applicant was last granted leave as a service leaver under this route. 

Medical Discharge Requirement for HM Armed Forces Service Leavers

Where applicable, an applicant must meet the medical discharge requirement for entry clearance for Indefinite Leave to Enter by showing that they have been medically discharged from HM Armed Forces. Settlement may be granted where the medical discharge was due to an illness or injury directly attributable to deployment on operations. Settlement may also be granted where the medical discharge was attributable to service and it is considered appropriate after assessing the seriousness of the condition, the need for ongoing medical treatment and its availability in the applicant’s country of origin, the applicant’s prognosis for recovery, and the applicant’s length of reckonable service at the time of discharge. 

Where the applicant does not meet the requirements for settlement under AF 6.1 and AF 6.2, they may still meet the medical discharge requirement for temporary permission to stay. This applies where the applicant was medically discharged due to a condition attributable to service and it is considered appropriate for them to remain in the UK. Permission to stay may be granted to allow further medical treatment or a period of recovery before the applicant is medically fit to travel. 

Challenging a Refusal of Entry Clearance for ILE

If an application for ILE under Appendix HM Armed Forces is refused, the applicant may request an Administrative Review if they believe there was an error in decision making. This process allows the applicant to challenge case working mistakes made by UK Visas and Immigration (UKVI) without submitting a new application. The request must be submitted within 28 calendar days of the date of the refusal decision if the application was made from outside the UK, in accordance with Appendix Administrative Review of the Immigration Rules.  

How can Sunrise Solicitors Help

Our expert team of immigration solicitors specialise in entry clearance applications for Indefinite Leave to Enter (ILE) after discharge from HM Forces. If instructed to represent you regarding your application for ILE after discharge from HM Forces, we will carry out all the work on your application until a decision is made by the Entry Clearance Officer (ECO) on your ILE after discharge from HM Forces application. The immigration casework to be carried out by our expert team of immigration solicitors will include the following: 

• Assessing your eligibility for Indefinite Leave to Enter (ILE) after discharge from HM Forces by considering all your personal circumstances 

• Advising you on the weaknesses and strengths of your entry clearance application for Indefinite Leave to Enter (ILE) after discharge from HM Forces 

• Advising you on the relevant documents to be submitted in support of your entry clearance application for Indefinite Leave to Enter (ILE) after discharge from HM Forces 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 entry clearance for Indefinite Leave to Enter (ILE) after discharge from HM Forces by gathering all the relevant information from you 

• Preparing a detailed cover letter to introduce and support your entry clearance application for Indefinite Leave to Enter (ILE) after discharge from HM Forces 

• Uploading online all the relevant supporting documents and scheduling an appointment for submission of passport and enrolment of your biometrics 

• Liaising with the Entry Clearance Officer (ECO) for a timely decision on your application 

How Much We Charge?

Unless your matter is extremely complicated, our fixed fees for partner visa entry clearance application for indefinite leave to enter as a bereaved partner are given in the fee table below:

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