Indefinite Leave to Remain Armed Forces

Posted onSeptember 4, 2023

Not everyone realises that there are special immigration rules for applicants for indefinite leave to remain who were in the UK armed forces.

In this blog, our immigration solicitors look at indefinite leave to remain applications by those who served as a member of the UK armed forces and by their families.

UK Online and London-Based Immigration Solicitors and Indefinite Leave to Remain Lawyers

For indefinite leave to remain application advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.

Immigration Rules Appendix Armed Forces

The immigration rules relating to indefinite leave to remain applications by members of the armed forces are contained in a separate appendix ‘’ Immigration Rules Appendix Armed Forces’’.

In this article, our specialist indefinite leave to remain lawyers summarise the key points. For advice and to make an ILR application call us on 0203 959 9123.

Indefinite leave to remain if you are leaving or have left the UK armed forces

Leaving a career that you love or that has been your way of life is tough. It is that much harder when you may also think that you have to leave a country that you have grown to love to return to your home country.

You may be able to apply to settle in the UK if you are leaving or have left the UK armed forces. You can settle in the UK by applying for indefinite leave to remain. This does not confer British citizenship on you. After you have ILR you can go on to apply for British citizenship. Once you have your British citizenship you can apply for a British passport.

What does indefinite leave to remain give a former member of the UK armed forces?

Indefinite leave to remain gives you the right to live, work, and study in the UK free of immigration controls. You may also be eligible to apply for some state benefits. After you have held indefinite leave to remain status for 12 months you can apply for British citizenship provided you meet the British citizenship eligibility criteria.

Armed forces indefinite leave to remain eligibility criteria

To apply for indefinite leave to remain as ex-armed forces personnel you must normally meet these 2 criteria:

Be leaving the armed forces or have left the armed forces in the past 2 years

Have served in the armed forces for a minimum of 4 years

But there is no minimum service time if you are medically discharged for an injury or illness that happened as a result of your service in the armed forces.

Also, different rules apply to you if you are a former Gurkha.

Applying for indefinite leave to remain as a member of the UK armed forces

The immigration rules say that you can make an application for indefinite leave to remain up to 10 weeks before you leave the armed forces. The immigration rules are different if you are being medically discharged from the service; you can apply up to 12 weeks before you are medically discharged.

The deadline for an ILR application as an ex-member of the UK armed forces is 2 years from the date of discharge.

If you are nearing the end of your service and need immigration law advice, call us on 0203 959 9123 or contact us online.

Family members of UK armed forces applying for indefinite leave to remain

Your husband, wife, civil partner unmarried partner, or your children may be eligible to apply for indefinite leave to remain if you are in the armed forces or left in the past 2 years.

Family members can apply for indefinite leave to remain either as part of your ILR application if you are leaving the armed forces or separately if you are still serving in the armed forces or if you already have indefinite leave to remain status or are a British citizen.

A family member may meet the eligibility criteria if you either:

Have been discharged from the UK armed forces in the past 2 years or
Are currently in the UK armed forces and you have at least 5 years of service

Unless you are a former Gurkha, for your family member to qualify, you must either be applying to settle in the UK or you must already hold indefinite leave to remain status or be a British citizen.

Partners must have been in the UK for 5 years with permission as your partner on your visa. Importantly, postings outside the UK are included in the 5-year ILR residence requirement.

A partner of an ex-member of the armed forces must also meet a financial requirement to qualify for indefinite leave to remain. The amount of the financial requirement depends on whether you also have non-British dependent children.

The financial requirement for a partner is that either you or the partner (or a combination of 2 incomes) have at least £18,600 gross per year coming into your household.

The financial requirement increases by an extra:

£3,800 for your first child
£2,400 for each additional child

If a sponsor is eligible for state benefits, then the financial requirement may be met simply through the sponsor receiving a specified benefit. If you have been medically discharged from the UK armed services it is worth checking benefits entitlements as this may make a partner’s indefinite leave to remain application more straightforward.

A partner applying for indefinite leave to remain will also need to show that they have adequate accommodation and that they have passed the life in the UK test and meet the English language requirement. These tests are not as onerous as you might think.

Different rules apply to children applying for indefinite leave to remain as the dependent of a former member of the UK armed forces. A child may still be eligible even if they are over 18 at the date of their application.

Settlement for Gurkhas and their family members

Different rules apply to applications for indefinite leave to remain made by Gurkhas. You can apply if you both:

Left the Brigade of Gurkhas before 1 July 1997
Served for at least 4 years

A partner and children under 18 can also apply for settlement. Widows of former Gurkhas can apply if their spouse meets the eligibility criteria. Applications can be made from within the UK or overseas.

Home Office fees and applying for indefinite leave to remain as ex-armed forces

You may be concerned about the Home Office application fees for an indefinite leave to remain application, especially if your partner and children also want to apply to settle in the UK.

Normally the Home Office charges £2,404 for each application. The fees are higher if you ask the Home Office to prioritise your application to give you a speedy decision. However, the Home Office does not charge an ILR application fee if:

You served for a minimum of 6 years before leaving the armed forces or
You were medically discharged for an injury or illness that happened as a result of your service

Family members applying for indefinite leave to remain still need to pay the Home Office application fee.

Applying for indefinite leave to remain

Our indefinite leave to remain lawyers understand that the thought of applying to settle in the UK can be a worry when you are not used to form filling or you are uncertain about the immigration rules or how they apply to you or your family.

OTS Solicitors provides specialist indefinite leave to remain legal advice for all types of ILR application, including those from ex-members of the UK armed forces and their families.

UK Online and London-Based Immigration Solicitors and Indefinite Leave to Remain Lawyers

For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.

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