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Blackstone Law Associates

‘HM Forces’ means a member of the Royal Navy, British Army or Royal Air Force who is serving as a member of the regular forces.

‘Gurkha’ means someone enlisted in the Brigade of Gurkhas as part of the British Army.

‘Discharge’ means an HM Forces member who has permanently left HM Forces. All those who have been discharged will hold a certificate of discharge. Those about to be discharged will hold a letter from their commanding officer confirming their date and reasons for discharge.

Anyone compelled to leave HM Forces following a court martial has not been discharged but dismissed.

‘Medical discharge’ is when an HM Forces member is prematurely discharged because their health prevents effective service. They will often receive compensation for this discharge.

‘Reckonable service’ is the service which counts towards pension. This starts from the first day of paid service in HM Forces and does not include certain absences including any period of detention, unauthorised absence or unpaid leave.

Eligibility

To apply under these rules the applicant must:

  • have completed at least four years reckonable service with HM Forces (this excludes periods where the applicant was absent without leave, in military detention or on unpaid leave)
  • meet the medical discharge criteria
  • if they were a Gurkha, be a citizen or national of Nepal and on the date of the application
  • have been discharged from HM Forces less than two years before the date of application
  • if medically discharged more than two years before, new information regarding their prognosis is being considered
  • have been granted their most recent period of limited leave under either paragraph 15 or 19 of Appendix Armed Forces or under paragraphs 276KA or 276QA of the Immigration Rules as a foreign or Commonwealth citizen who has been discharged from HM Forces or under the concession which existed in respect of those medically discharged from HM Forces

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

Medical Discharge

To qualify for settlement the applicant must have been medically discharged by the Ministry of Defence (MOD) as a result of an injury or illness which is attributable to service in HM Forces and which either:

  • came about due to deployment in an operational theatre (a place where military action takes place)
  • did not come about due to deployment in an operational theatre but it is appropriate to grant leave to enter or remain following an assessment of the factors below:
    • seriousness of the illness or injury
    • the need for any further medical treatment in the UK
    • availability of medical treatment in the individual’s country of origin
    • the prognosis for recovery including whether the injury or illness will affect their ability to support themselves in their country of origin
    • length of reckonable service completed at the point of discharge

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

Discharged members of the armed forces: indefinite leave to enter

If an applicant has completed at least four years’ reckonable service with HM Forces, an application for indefinite leave to enter can be made.

An individual has to be outside the UK to be issued entry clearance for indefinite leave to enter. The other requirements are:

  • they must meet the general eligibility requirements as either a member of HM Forces who was discharged after at least four years’ reckonable service
  • meet the medical discharge criteria
  • they must not fall for refusal on suitability grounds
  • they must have submitted a valid application for indefinite leave to enter as a foreign or Commonwealth citizen discharged from HM Forces

Settlement after entry

An individual must be present in the UK to be granted indefinite leave to remain as a foreign or Commonwealth citizen who has been discharged from HM Forces. They must:

  • not be in breach of any immigration laws, except for any period of overstaying for a period of 28 days or less which will be disregarded
  • have made a valid application for indefinite leave to remain as a foreign or Commonwealth citizen discharged from HM Forces
  • meet the general eligibility criteria
  • not fall for refusal on grounds of suitability

Need a legal advice?

UK immigration law is extremely complex and constantly changes. The UKVI has strict criteria relating to different types of visa. Therefore, it is essential you get the right legal advice from an expert UK immigration lawyer to make sure your application is successful, first time. We will guide you through every step of the process, putting you in the best place possible to get a good result.

Why choose Blackstone Law Associates?

Competitive Fixed Pricing

We offer a fixed price service, this means the price you are quoted does not change; We work on fixed fees basis unlike other firms who charge you for each and every call and letter.

Dedicated Lawyer with Direct Access

You will have direct access to our qualified lawyers, with in-depth knowledge of UK Immigration law. Upon instructing us you will be allocated an experienced lawyer who will contact you within 24 hours to discuss your case.

Expert Advice

Immigration laws in the UK change frequently. Our team of lawyers are trained and are kept up to date on all the latest developments. We have a combined wealth of knowledge and experience. Our expert immigration lawyers can provide advice and the best possible option available for you.

Highest Success Rate

We are proud to claim that through our wealth of knowledge and experience we are able achieve the results that are needed. Our expert Lawyers put their full efforts in your case as we strongly believe in getting for you what you want.

What to do next?

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