Appendix HM Armed Forces-What do you need to know

Appendix HM Armed Forces, published in April 2024, sets out the immigration rules for HM Armed Forces personnel and HM Armed Forces service leaver personnel and their family members. It replaced the Appendix Armed Forces on 11 April 2024.

In Appendix HM Armed Forces, HM (His Majesty’s) Armed Forces means regular service personnel in the Royal Navy, the Royal Marines, the Army (including the Brigade of Gurkhas), and the Royal Air Force and does not include the Reserve forces.

References to members of HM Armed Forces or service leavers include applicants who were members of HM Armed Forces but were discharged within 2 years before the date of this application or a person who was within 18 weeks of their discharge date at the date of this application.

In this blog, we are going to discuss a few important things you need to know about Appendix HM Armed Forces.

What is Appendix HM Armed Forces?

Appendix HM Armed Forces sets out rules for HM Armed Forces personnel or HM Armed Forces service leavers and their family members who want to apply for:

• Leave to enter or remain as a partner or child of a member of the HM Armed Forces.
• Settlement (Indefinite Leave to Remain) for Armed Forces personnel and their families.
• Applications by former members of the Armed Forces who now qualify for settlement.

What is the Armed Forces Covenant?

The Armed Forces Covenant reflects the country’s moral obligation to those who choose to sacrifice civilian freedoms and put themselves in danger on its behalf. It states:

“Those who serve in the Armed Forces, whether Regular or Reserve, those who have served in the past, and their families should face no disadvantage compared to other citizens in the provision of public and commercial services.”

“Special consideration is appropriate in some cases, especially for those who have given the most, such as the injured and the bereaved.”

For example:

• Partners of members of the HM Armed Forces get permission to enter or stay for 5 years instead of 30 months.
• Partners of HM Armed Forces can spend their probationary period overseas if they are accompanying their sponsor on an overseas posting.
• A member of HM Armed Forces could settle after 4 years’ service if discharged from HM Armed Forces. Hence, partners of members of HM Armed Forces with 4 years’ service may apply for settlement based on domestic abuse before their partner settles.

Appendix HM Armed Forces Immigration Rules for Settlement for the members of HM Armed Forces

HM Armed Forces personnel are exempt from immigration control when they are in service. Under Appendix HM Armed Forces of the Immigration Rules, they can apply for settlement on discharge when their exemption from immigration control ends, or for up to 18 weeks before their discharge, or for up to two years after discharge.

To meet the requirements for settlement, those who apply to stay on must:

• Have completed at least 4 years of regular service in HM Armed Forces.
• Meet the validity, suitability, and eligibility conditions of the Immigration Rules.

Those discharged on medical grounds must meet specific requirements to qualify for settlement. Once discharged, they are given a period of 28 days' leave outside the rules. During this period, they can work or study but cannot access public funds. They can apply for settlement during these 28 days' leave outside the rules.

Appendix HM Armed Forces Nationality Applications from Serving and Discharging Members of HM Armed Forces and Their Family Members

Most HM Armed Forces personnel can also apply to naturalize as a British citizen whilst still serving. For this, they will need to meet the requirements of completion of the relevant residence period, being settled in the UK, and meeting the ‘good character’ requirement under the British Nationality Act 1981.

Children of people in the Armed Forces who were born overseas can be registered under the British Nationality Act 1981. For this, the child must have been born overseas during the period their mother or father was a member of the armed forces serving outside the UK and the qualifying territories.

Appendix HM Armed Forces Immigration Rules for Leave to Enter or Remain for Family Members of Serving or Discharging Members of HM Armed Forces

Partners and dependent children of members of HM Armed Forces and service leavers can apply to join them in the UK. When their partner or parent is on an overseas posting, they can accompany them there, regardless of the length of the posting.

Relationship Requirement -

The applicant must be the partner of a person who either:

• Is a member of the HM Armed Forces who is exempt from immigration control
• Has permission under this Appendix
• Is a British citizen and
• Naturalized after 5 years of reckonable service
• Is a member of the HM Armed Forces
• Is an HM Armed Forces service leaver
• Is settled provided the person had permission or exemption from control as a member of HM Armed Forces or as an HM Armed Forces service leaver before they were granted settlement. A dependent child applicant must meet the age, independent life, care, and relationship requirements for a dependent child in Appendix Children.

Minimum Income Requirements (MIR) -

Any member of HM Armed Forces, including the Brigade of Gurkhas, or service leavers (veterans) must sponsor their partner and children if they wish to apply to enter or stay in the UK. This also means the sponsor must meet the MIR.

The MIR for those applying to join family members as partners or children on or after 11 April 2024 under the Appendix FM is set at £23,496. This no longer includes an additional income requirement to sponsor a child.

However, there are special provisions in place for those who have already applied for (and are being granted) or have permission as a partner, or child of HM Armed Forces, or an HM Armed Forces service leaver before 11 April. They will benefit from transitional arrangements whereby they must meet the earlier lower threshold of £18,600 plus an additional amount for children, capped at a maximum of £23,493.

English Language Requirement -

Unless exempt, applicants must show knowledge of the English language to at least CEFR level A1 in speaking and listening for initial application.

Accommodation Requirement -

There must be adequate accommodation for the applicant in the UK, which must not be overcrowded or contravene public health regulations.

Appendix HM Armed Forces Immigration Rules for Settlement for Family Members of Serving or Discharging Members of HM Armed Forces

Partners and dependent children of members of HM Armed Forces and service leavers can apply for settlement to join them in the UK. When their partner or parent is on an overseas posting, they can accompany them there, regardless of the length of the posting.

Relationship Requirement -

The applicant must be the partner or child of a person who is one of the following:

• A member of HM Armed Forces with at least 5 years’ reckonable service who is exempt from immigration control.
• Someone who has been granted, or is at the same time applying for and is being granted settlement as an HM Armed Forces service leaver.
• Someone who has leave to enter or remain under Appendix HM Armed Forces or Part 7 paragraphs 276E-QA of the Immigration Rules or under the concession that existed outside the Immigration Rules, which allowed the Secretary of State to exercise discretion to grant leave to enter or remain to a member of HM Armed Forces who has been medically discharged.
• Is a British citizen and

         • Naturalized after 5 years of reckonable service
         • Is a member of the HM Armed Forces
         • Is an HM Armed Forces service leaver

• Is settled provided the person had permission or exemption from control as a member of HM Armed Forces or as an HM Armed Forces service leaver before they were granted settlement

5 Years Continuous Residence -

Partners and dependent children must meet the 5 years continuous residence in the UK requirement. However, they are allowed to count time spent with their HM Armed Forces partner or parent on overseas postings towards their five-year route to settlement.

Partners must complete a continuous lawful residence for at least five years before they are eligible to apply for settlement.

Minimum Income Requirement (MIR) -

Same as MIR for Appendix HM Armed Forces Immigration Rules for Leave to Enter or Remain for Family Members of Serving or Discharging Members of HM Armed Forces.

English Language Requirement -

Unless exempt, applicants must show knowledge of the English language to at least CEFR level B1 in speaking and listening.

Knowledge of Life in the UK Requirement -

Unless exempt, applicants must meet the Knowledge of Life in the UK requirement as set out in Appendix KOLL UK.

How Can We Help?

Appendix HM Armed Forces helps ensure its members who served the country and their family members are supported and given fair immigration rights. As an immigration lawyers in London, we have helped HM Armed Forces personnel and their family members apply for leave to enter, remain, or settle. We ensure they meet the suitability, validity, and eligibility requirements for it.

We help them understand the relationship, financial, knowledge of the English language, accommodation, and Life in the UK requirements, and how they can meet these requirements.

We help them select the correct application form and complete the data correctly. Hence, right from the beginning till the end, our caseworker ensures that their visa application process goes smoothly. If you need assistance you can call us at +44 (0)20 3411 1261.