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Limited Leave To Remain On Discharge From HM Forces

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Limited Leave To Remain On Discharge From HM Forces

You can apply for limited leave to remain 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 Limited Leave To Remain After Discharge From HM Forces

According to paragraph 14 of Appendix Armed Forces of the Immigration Rules, limited 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 limited 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 Appendix Armed Forces of the Immigration Rules; and
  • meets the general eligibility requirements in paragraph 11 of the Appendix Armed Forces of the Immigration Rules.

To be eligible the applicant must on discharge:

  • 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

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.

Super Priority Service For Leave To Remain 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 immigration solicitors can prepare and submit your limited leave to remain application to the Home Office, UKVI through Super Priority Service (SPS) and get decision on your limited leave to remain application within 24 hours. This way, you will not have to wait for the decision on your limited leave to remain application for months (sometimes years).

How Can We Help?

Our expert team of immigration solicitors solicitors specialise in limited leave to remain applications as a foreign or commonwealth citizen who has been discharged from HM forces. If instructed to represent you regarding your application for limited leave to remain after discharge from HM forces, we will carry out all the work on your limited leave to remain 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 limited leave to remain by considering all your personal circumstances;
  • Advising you on the weaknesses and strengths of your limited leave to remain application after discharge from HM Forces;
  • Advising you on the relevant documents to be submitted in support of your limited leave to remain 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 limited leave to remain after discharge from HM Forces by gathering all the relevant information from you;
  • Helping you with paying the limited leave to remain application fee for your application;
  • Booking your appointment with the application centre for enrolment of your biometrics;
  • Preparing a detailed cover letter to introduce and support your limited leave to remain 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 limited leave to remain application.

How Much We Charge?

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

Our Service Our Fee
Full help with application for limited leave to remain after discharge from HM forces to cover all the work until decision by the Home Office UKVI From £1,000 + VAT To £1,500 + VAT

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

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