What are you looking for?

Back
Student & Graduate Visas
Back
Business Immigration
COMPANIES & LICENCES
ENTREPRENEURS INNOVATORS & INVESTORS
SPONSOR COMPLIANCE
SHORT STAY VISAS
TEMPORARY WORKER VISAS
GLOBAL BUSINESS MOBILITY & EXPANSION
SPECIALIST WORK VISAS
OTHER WORK VISAS
Back
Temporary Worker Visas
Back
Global Business Mobility & Expansion
Back
Specialist Work Visas

HM Forces and Family Members

Learn about UK Immigration routes for HM Armed Forces and family members. Visa and Migration offers expert guidance to help service membersand dependants secure the right UK visa or settlement options with ease.

Call us +44 (0)20 3411 1261

Book an appointment

 
 
 
 
 

Do you need to apply for a HM Forces and Family Members? Speak to our experts to find out about our fast, friendly and affordable service.

APPLY NOW

Table of contents

    HM Armed Forces and family member visa routes - Suitability. Eligibility & Application process

     

    HM Forces route is for members of HM’s (His Majesty's) Armed Forces discharging from service (‘service leavers’) who wish to come to or stay in the UK. A member of HM Armed Forces or a service leaver refers to an applicant who was a member of HM Armed Forces but was discharged from the service within the period of 2 years before the date of the application.

    The HM Forces visa route was established to ensure that military personnel can maintain family unity in the UK without having to face the same stringent immigration criteria that are imposed on civilian families. Unlike standard UK family visas, the HM Forces route provides several advantages, such as exemption from the financial income requirement that typically requires sponsors to earn a minimum gross annual income, exemption from the IHS (Immigration Health Surcharge) which is first paid and then refunded, and allow access to public funds if considered appropriate by the decision maker. 


    HM Armed Forces and Family Members

    The Armed Forces Act 2006 defines HM Armed Forces, which means regular service personnel in the British Army including the Brigade of Gurkhas), the Royal Navy, the Royal Marines, and the Royal Air Force. However, it does not include the Reserve Forces. 

    Close family members (spouse, civil/unmarried partner, fiancé(e)s, proposed civil partner, or dependent children), or other dependent family members of members of HM Armed forces can apply for entry clearance to the UK or permission to stay here. There is also a route for a partner of a member of HM Armed Forces who is the victim of domestic violence or who is a bereaved partner of a member of HM Armed Forces.


    Members of HM Armed Forces exempt from immigration control 

    The following categories of HM Armed Forces are exempt from the UK’s immigration control: 

    • A full-time member of the Home Forces (HM Armed Forces), subject to service law – regular (non-reserve) HM Forces personnel are subject to service law at all times whilst enlisted 

    • A reservist with HM Armed Forces deployed or due to be deployed. This means reserve forces are only exempt at those times they are subject to service law


    Family members of HM Armed Forces applying for leave to enter or remain

    A person applying for entry clearance for permission to enter or stay in the UK as a partner or dependent child of a HM Armed Forces member needs to meet the following requirements.

    Validity 

    The validity requirements for a partner or dependent child of a HM Armed Forces member are set out in Appendix HM Armed Forces - Paragraphs AF 9.1. to AF 9. 5. 

    Where the applicant does not meet any of these requirements, their application is invalid and may be rejected without consideration of the substantive application. 

    Please note that the IHS (Immigration Health Surcharge) does not apply, however a refund needs to be requested after payment. 

    Suitability 

    While considering the suitability criteria in Appendix HM Armed Forces - Paragraphs AF 10.1. to 10.2. and Part 9 of the Immigration Rules, the Home Office is mandated to refer to the Grounds for Refusal: Criminality Caseworker Guidance.

    AF Paragraph 10.1. -  The decision maker must be fully satisfied that the applicant (spouse/civil/unmarried partner or dependent children) should not be refused under Part 9: grounds for refusal.

    AF Paragraph 10.2. – If, on the date of application, the applicant is in the UK, they must not be:

    1. in breach of immigration laws (except that where paragraph 39E applies, that period of overstaying will be disregarded); or

    2. on immigration bail.


    Eligibility 

    The criteria for entry clearance or permission to stay as a partner or dependent child of a HM Armed Forces member are set out in Appendix HM Armed Forces - Paragraphs AF 11.1. to AF 19. 2. 

    Entry clearance 

    When a partner or dependent child of a member of HM Armed Forces is seeking entry clearance to the UK from abroad, they must apply for and get entry clearance as a partner or child before arriving in the UK.

    Tuberculosis (TB) certificate 

    The applicant must provide a valid TB test certificate (If Appendix Tuberculosis applies). 

    Relationship – partner 

    The applicant must be the partner of an individual who either: 

    • is a member of HM Armed Forces and exempt from immigration control 

    • has permission under Appendix HM Armed Forces 

    • is a British citizen and: 

               - naturalised after 5 years reckonable service 

               - is a member of HM Armed Forces 

               - is an HM Armed Forces service leaver 

               - is settled in the UK, provided the person had permission (or exemption from immigration control) as a member of HM Armed Forces or as an HM Armed Forces service leaver before they obtained settlement.

    The applicant must satisfy the requirements of Immigration Rules Appendix Relationship with Partner, which means the following:

    • The applicant and their partner must be 18 or over on the date of application.

    • Any previous relationships the applicant and/or their partner were previously in must have broken down permanently

    • The couple must be in a valid marriage or civil partnership 

    • If the couple is not married to or in a civil partnership, they must have been in a relationship akin to marriage or civil partnership for two or more years before the date of application.

    • The couple must have met in person, and their relationship must be genuine and subsisting 

    • The couple should normally not be in a polygamous or polyandrous marriage or civil partnership on the date of application

    A person can also apply for entry clearance or permission to stay as a fiancé or fiancée or proposed civil partner of a HM Armed Forces member, provided they meet the relationship requirements.

    Relationship – Child

    The applicant must meet the age, relationship, independent life, and care requirements for a dependent child in Appendix Children.

    English language requirement 

    Unless exempt, the applicant must show their English language ability in speaking and listening to at least level A1 of the CEFR (Common European Framework of Reference for Languages).

    Financial requirements 

    The MIR (Minimum Income Requirement) for new Appendix HM Forces applications made on or after 11 April 2024 is £23,496. This MIR is for all family members, regardless of the number of children in the family.

    Exemption from meeting financial criteria applies where the member of HM Armed Forces is in receipt of one of the state benefits, such as disability living allowance, severe disablement allowance, industrial injury disablement benefit, attendance allowance, or?carer’s allowance.

    Accommodation requirement 

    The applicant’s (partner or child of a member of HM Armed Forces) accommodation in the UK must not be overcrowded or contravene the UK’s public health regulations.


    Settlement as a family member of a HM Armed Forces member

    A person applying for settlement in the UK as a family member (partner or dependent child) of a HM Armed Forces member needs to meet the following requirements.

    Validity

    The validity requirements for settlement as a partner or child of a HM Armed Forces member are set out in Appendix HM Armed Forces - Paragraphs AF 22.1. to AF 22. 3.

    Where the applicant does not meet any of these requirements, their application is invalid and may be rejected without consideration of the substantive application. 

    Please note that the IHS (Immigration Health Surcharge) does not apply.

    Suitability

    While considering the suitability criteria in Appendix HM Armed Forces - Paragraphs AF 23.1. to AF 23.2., and Part 9 of the Immigration Rules, the Home Office is mandated to refer to the Grounds for Refusal: Criminality Caseworker Guidance.

    AF Paragraph 23.1. -  The decision maker must be fully satisfied that the applicant (partner or child) should not be refused under Part 9: grounds for refusal.

    AF Paragraph 23.2. – If, on the date of application, the applicant is in the UK, they must not be:

    1. in breach of immigration laws (except that where paragraph 39E applies, that period of overstaying will be disregarded); or

    2. on immigration bail.


    Eligibility

    The criteria for settlement as a partner or dependent child of a HM Armed Forces member are set out in Appendix HM Armed Forces - Paragraphs AF 24.1. to AF 32.5. 

    Entry requirements for partners

    When a partner or dependent child of a member of HM Armed Forces is applying from abroad, they must apply for and get entry clearance as a partner or child before arriving in the UK.

    Tuberculosis (TB) certificate 

    The applicant must provide a valid TB test certificate (If Appendix Tuberculosis applies). 

    Relationship – partner

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

    • is a member of HM Armed Forces and exempt from immigration control with reckonable service of 5 or more years

    • has been granted settlement or is at the same time applying for (and is being granted) settlement as an HM Armed Forces service leaver

    • has permission to enter or stay under Appendix HM Armed Forces or Immigration Rules - Part 7 paragraphs 276E-QA or under the concession which existed outside the Immigration Rules whereby the Secretary of State exercised discretion to grant permission to enter or stay to a member of HM Forces who has been medically discharged

    • is a British citizen and: 

    • naturalised after 5 years reckonable service 

    • is a member of HM Armed Forces 

    • is an HM Armed Forces service leaver 

    • is settled in the UK, provided the person had permission (or exemption from immigration control) as a member of HM Armed Forces or as an HM Armed Forces service leaver before they obtained settlement.

    • is settled in the UK, provided the person had permission (or exemption from immigration control) as a member of HM Armed Forces or as an HM Armed Forces service leaver before they obtained settlement.

    The applicant must satisfy the requirements of Immigration Rules Appendix Relationship with Partner.

    Financial requirements

    The MIR (Minimum Income Requirement) for new Appendix HM Forces settlement applications made on or after 11 April 2024 is £23,496. This MIR is for all family members, regardless of the number of children in the family.

    Exemption from meeting financial criteria applies where the member of HM Armed Forces or the applicant is in receipt of one of the state benefits, such as disability living allowance, severe disablement allowance, industrial injury disablement benefit, attendance allowance, or?carer’s allowance.

    English language requirement 

    Unless exempt, the applicant must show their English language ability in speaking and listening to at least the level B1 of the CEFR (Common European Framework of Reference for Languages).

    Knowledge of life in the UK requirements

    Unless an exemption applies, the applicant must meet the Knowledge of Life in the UK criteria.


    Bereaved partner

    This route allows settlement where a person has, or was last granted, permission as a partner on an HM Armed Forces route, and their partner has died. Dependent children can also apply for settlement on this route.

    Unlike bereaved partners on other visa routes, the bereaved partners applying for settlement on the HM Forces route are not required to be in the UK at the time of application.

    The applicant is required to satisfy the validity, suitability, and eligibility criteria set out in Appendix Bereaved Partner.


    Residence Requirements

    The applicant must have completed a continuous period of 5 years with leave to enter or remain under Appendix HM Armed Forces as the partner or child of the same member of HM Armed Forces (this does not include any period of entry clearance or leave to remain as a fiancé or fiancée or proposed civil partner). Any time spent accompanying the sponsor on postings outside the UK can be included in the 5 years.

    If the applicant does not meet the Paragraph AF 27.1, the qualifying period of 5 years can be met by including time spent with continuous residence on any other immigration route to settlement if the applicant: 

    • did not come to the UK illegally 

    • has permission as a partner of an HM Armed Forces member for at least one year immediately prior to the date of application


    Relationship - children

    The applicant applying for settlement must meet the age, relationship, independent life, and care requirements for a dependent child in Appendix Children.

    Children aged over 18 may also need to meet the KOLL (Knowledge of Language and Life) in the UK requirements.

    A child over 18 must apply separately.


    Applying for entry clearance, leave to enter or remain, and settlement as a partner or child of a HM Armed Forces member

    An applicant must apply online. Dependent children under 18 can be included in the main applicant’s application. Dependent children aged over 18 must apply separately.

    The applicant must provide supporting documents, which include but are not limited to:

    • Evidence of relationship, such as a marriage or civil partnership certificate or a birth certificate

    • Evidence on annual income, such as payslips, bank statements

    • Evidence of adequate accommodation in the UK

    • Evidence of knowledge of English 

    • Evidence of passing the Life in the UK test (when applying for settlement)

    Applicants need to prove their identity. When applying for entry clearance, the applicant needs to enrol their biometric information (fingerprints and facial photo) at a VAC (Visa Application Centre) in their country of origin.

    When applying for leave to remain or settlement, the applicants may need to enrol their biometric information at a VAC overseas or UKVCAS (UK Visa and Citizenship Application Service) service point in the UK. However, if the Home Office reuses the biometrics of the applicants enrolled in their previous application, they may not need to prove their identity again.

    Unless exempt, the applicant will need to pay the application fee. 


    Granting Permission 

    If the decision maker is fully satisfied that the applicant meets the validity, suitability, and eligibility criteria as a partner or child applying for leave to enter or remain under the HM Armed Forces route, they must grant the applicant permission to stay for:

    • five years; or 

    • the remaining duration of the applicant’s partner’s enlistment or extant permission; or 

    • 6 months if the applicant is being granted entry clearance to the UK or leave to remain here as a fiancé or fiancée or proposed civil partner; 

    - whichever is shorter. 

    The child, on the other hand, will be granted permission to stay, which will end on the same date as whichever of their parents’ permissions ends first, unless one parent is a British citizen or an individual with the right to enter or remain in the UK without any immigration restriction and is currently, or will be, ordinarily resident in the UK. In such a case, the child will be granted permission to stay, which ends on the same date as the parent who is granted as the partner of an HM Armed Forces service member.


    Settlement for personnel of the HM armed forces

    A person may be able to settle if they are leaving or have left the UK armed forces. 

    The applicant must usually be leaving the armed forces or have left in the past 2 years and have served for 4 or more years.

    There’s no minimum time the applicant needs to have served for if they have been medically discharged for an illness or injury that happened as a result of their service.

    There are different rules for former Gurkha or Hong Kong military unit veterans.

    Frequently Asked Questions

    HM Armed Forces means Regular service personnel in the Army (including the Brigade of Gurkhas), Royal Navy, the Royal Marines, and the Royal Air Force. It does not include the Reserve forces.

    HM Armed Forces service leaver means regular service personnel who was a member of HM Armed Forces but were discharged within 2 years of the date of their application for settlement, or a person who was within 18 weeks of their discharge date at the date of their application for settlement.

    Close family members of a HM Armed Forces member include spouse, civil/unmarried partner, fiancé(e)s, proposed civil partner, and dependent children.

    The permission to enter or stay in the UK does not permit the applicant to claim public funds and to work full-time or be self-employed.

    Where you do not meet all the suitability or eligibility criteria for a partner or child of an HM Armed Forces member, the Home Office must consider whether the application refusal would breach your human rights under ECHR Article 8 because it would result in unjustifiably harsh consequences for you or your family. 

    Yes, if your application under the HM Armed Forces route is refused, you have the right to appeal to the Immigration Tribunal.

    Partners of members of HM Armed Forces get permission to enter or stay for 60 months.

    Yes, partners of HM Armed Forces can include their time spent overseas if accompanying their sponsor on an overseas posting.

    Partners of members of HM Armed Forces with 4 years’ service may apply for settlement based on domestic abuse before their partner settles.

    The fee for each person applying for settlement is £3,029.

    If you are outside the UK, you need to download and fill in form VAF AF.

    Latest Blog

    Get in Touch

    Head Office:

    TBXH Sunley House, 4 Bedford Park, Croydon, CR0 2AP

    Contact our UK Immigration Lawyers today Or Call us on +44 (0)20 3411 1261