Switching Into Partner Visa As A Partner Of A Member Of HM Forces

You can apply for switching into partner visa as a partner of a member of HM Forces who is a foreign or Commonwealth citizen. 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 Appendix Armed Forces of the Immigration Rules 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.

Requirements For Switching Into Partner Visa

According to paragraph 28 of Appendix Armed Forces of the Immigration Rules, limited leave to remain as the partner of a member of HM Forces will be granted to an applicant who:

• is in the United Kingdom, but not:
  • as a visitor;
  • with valid leave that was granted for a period of 6 months or less, unless that leave:
    • is as a fiancé(e) or proposed civil partner; or
    • was granted pending the outcome of family court or divorce proceedings; or
  • on temporary admission or temporary release;
• is not in breach of immigration laws, except that, where paragraph 39E of the Immigration Rules applies, any current period of overstaying will be disregarded;
• has made a valid application for limited leave to remain as the partner of a member of HM Forces;
• does not fall to be refused on the grounds of suitability under paragraph 8 or 9 of Appendix Armed Forces of the Immigration Rules;
• meets the general eligibility requirements in paragraph 20 of Appendix Armed Forces of the Immigration Rules;
• is not a fiancé(e) or proposed civil partner of the member of HM Forces, unless:
  • the applicant is in the United Kingdom with leave as a fiancé(e) or proposed civil partner under paragraph 23 of the Appendix Armed Forces (and that earlier leave was granted in respect of the current sponsor);
  • there is good reason why the marriage or civil partnership has not taken place during that period of leave; and
  • there is evidence that the marriage or civil partnership will take place within the next 6 months;
• meets the English language requirement in Part 11 of Appendix Armed Forces; and
• meets the financial requirements in Part 12 of Appendix Armed Forces.

General Eligibility Criteria

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

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

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

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

Duration & Terms Of Leave

Limited leave to remain granted under paragraph 28 will normally be granted:

• for whichever is the shortest period of:
  • 5 years;
  • the remaining duration of the applicant’s partner’s enlistment; or
  • the remaining duration of the applicant’s partner’s extant leave under paragraph 276KA or 276QA of the Immigration Rules or paragraph 15 or 19 of Appendix Armed Forces 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
  • in the case of a fiancé(e) or proposed civil partner, a period not exceeding 6 months; and
• subject to the following conditions:
  • no recourse to public funds; and
  • in the case of a fiancé(e) or proposed civil partner, a prohibition on employment.

Super Priority Service (Decision Within 24 Hours) For Switching Into Partner Visa

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 application whereby decision on your 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 application to the Home Office, UKVI through Super Priority Service (SPS) and get a decision on your partner visa application within 24 hours. This way, you will not have to wait for the decision on your partner visa application for months (sometimes years).

How Can We Help?

Our expert team of immigration solicitors specialise in partner visa applications. If instructed to represent you regarding your application for switching into partner visa 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 application. The immigration casework to be carried out by our expert team of immigration solicitors will include the following:

• Assessing your eligibility for switching into partner visa by considering all your personal circumstances;
• Advising you on the weaknesses and strengths of your application;
• Advising you on the relevant documents to be submitted in support of your 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 switching into partner visa by gathering all the relevant information from you and your partner;
• Helping you with paying the partner visa application fee and booking your appointment with the application centre for enrolment of your biometrics;
• Where necessary, preparing detailed witness statement of the applicant and/or the sponsor explaining the background of their relationship and other relevant factors pertaining to the application;
• Preparing a detailed cover letter to introduce and support your 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 application.

How Much We Charge?

Unless your matter very is complicated, our fixed fees for switching into partner visa from inside the UK are given in the table below:

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