New UK marriage visa rules for families of HM Armed Forces
05/12/2013
There has been a change in the way UK settlement visa applications by non-EEA family members of HM Armed Forces personnel are processed from 1 December 2013. Those who applied for a UK marriage or partner visa before that date will still be considered under the old immigration Rules. The purpose of the changes was twofold; it was primarily designed so that non-EEA family members of HM Armed Forces personnel would not become an excessive burden on the UK tax system; and so that those applying for a UK spouse or de facto visa could blend easily into the British way of life.
The Home Office was aware that the Armed Forces situation is different from that of civilians. At the same time, it stressed the need to include them as part of an overhaul of the whole system. While the new UK immigration policy was being finalised, non-EEA family members of HM Armed Forces personnel were exempt until final decisions regarding the regulations were made. However, the rules relating to this have now been finalised, allowing discretion where that is appropriate (Ghurkhas discharged since 1 July 1997 would be an example).
One of the key requisites for UK marriage visa applications involves certain financial requirements, specifically income threshold. This is laid down as £18,600 for a partner with no dependents under the age of 18; £22,400 for a partner with one dependent child and £2,400 for each additional child. Because there were issues concerning the fairness of the current policy, UK Visas and Immigration – UKVI (formerly the UK Border Agency) has been putting thousands of UK marriage visa applications on hold since the High Court revealed its initial judgment concerning the income threshold on 5 July 2013. It has been decided to leave a moratorium in place until the Home Office appeal is heard in March 2014. Until then any UK marriage and partner visa applications that fall to be refused solely on financial grounds will be “paused” pending a final decision/ruling on this matter.
Any non-EEA partner of a serving HM Armed Forces member who is aged between 18 and 65 must now pass the Life in the UK test which is applicable to civilians also. The test evaluates a candidate’s understanding of British civics and whose who successfully pass the test can apply for indefinite leave to remain (ILR) – permanent residence or settlement in the UK. There will be a five year eligibility ‘probation’ period involved, but HM Armed Forces’ families have extenuating circumstances; for example if they are serving with their husbands/partners in an overseas post. In response to welfare requests by HM Forces, any family member suffering bereavement (even if the death is not directly as a result of service) will be able to apply for settlement immediately. The same immediacy pertains to a relationship that breaks down because of domestic violence or if the family member wants to become a British citizen; in the latter instance, there is no need to change immigration channels.
No plans have been formulated yet for foreign or Commonwealth members of the HM Armed Forces awaiting discharge; each case will be dealt with on its own merits, depending on the individual circumstances of the sponsoring British Citizen, e.g. the severity of a wound or medical condition. There are certain legal and technical rules under the UK Visas and Immigration (UK Border Agency) umbrella, covering specifics like foreign troops training in the UK or anyone coming to the UK from countries like Afghanistan where tuberculosis (TB) is endemic. In the latter instance, a medical test will be carried out on any non-EEA national applying for a UK settlement spouse or partner visa which will enable them to stay in the UK for more than six months.
