Home Office
January 31
08:12
2024
Who these rules apply to
- 1. The rules contained in this Appendix apply to those seeking to enter or remain in the United Kingdom as:
- (a) a foreign or Commonwealth member of HM Forces (on discharge);
- (b) a partner or child of a member of HM Forces;
- (c) a partner, child or other dependant of a member of non-HM Forces who is exempt from immigration control by virtue of section 8(4)(b) or (c) of the Immigration Act 1971;
- (d) a member of non-HM Forces who is not exempt from immigration control;
- (e) a partner or child of a member of non-HM Forces who is not exempt from immigration control;
- (f) a Relevant Civilian Employee as defined in paragraph 2(j)(a); and
- (g) a partner, child or other dependant of a Relevant Civilian Employee.
Interpretation and general provisions
- 2. In this Appendix (including as it applies to applications under Part 7 or 8 of these Rules):
- (a) an application for leave to enter or remain includes an application for variation of leave to enter or remain;
- (b) a reference to a British Citizen in the United Kingdom includes:
- (i) a British Citizen who is coming to the United Kingdom with the applicant as the applicants partner or parent; and
- (ii) a British Citizen who has naturalised having accrued 5 years reckonable service in HM Forces;
- (ba) a reference to a civilian employee of a NATO force includes an employee of the American National Red Cross working with US Forces in the United Kingdom;
- (c) Gurkha means a member of HM Forces who is serving or has served in the Brigade of Gurkhas of the British Army under the Brigade of Gurkhas terms and conditions of service;
- (d) a member of HM Forces is a person who, subject to sub-paragraphs (e) and (f), is a member of the regular forces within the meaning of the Armed Forces Act 2006;
- (e) a person is not to be regarded as a member of HM Forces if the person is treated as a member of a regular force by virtue of:
- (i) section 369 of the Armed Forces Act 2006, or *(ii) section 4(3) of the Visiting Forces (British Commonwealth) Act 1933;
- (f) a reference to a member of HM Forces includes a person who was a member of HM Forces but was discharged within the period of 2 years prior to the date of the application under these Rules made in relation to that member (unless a different meaning applies elsewhere in this Appendix);
- (g) a member of non-HM Forces means a member of other armed forces who is:
- (i) exempt from immigration control under section 8(4)(b) or (c) of the Immigration Act 1971, or
- (ii) not exempt from immigration control;
- (ga) other dependant means an applicant under Part 10 of this Appendix, other than a partner or child under the age of 18, who is named on the original movement or posting order;
- (h) partner includes the applicants fianc(e) or proposed civil partner (unless a different meaning of partner applies elsewhere in this Appendix).
- (i) ..
- (j) reckonable service is the service which counts towards pension, which starts from the first day of paid service in HM Forces;
- (ja) a reference to a Relevant Civilian Employee means a civilian who is being employed to work in the United Kingdom by:
- (i) a NATO force;
- (ii) a company under contract to a NATO force; or
- (iii) the Australian Department of Defence;
- (k) specified means specified in Appendix FM-SE and Appendix O to these Rules;
- (l) where a financial or maintenance requirement applies in this Appendix, paragraphs A. to 21 of Appendix FM-SE to these Rules shall apply as appropriate.
- 3. If an Entry Clearance Officer, or the Secretary of State, has reasonable cause to doubt the genuineness of any document submitted in support of an application, and having taken reasonable steps to verify the document, is unable to verify that it is genuine, the document will be discounted for the purposes of the application.
- 4. A reference to an application being considered under this Appendix includes, where relevant, an application considered under Part 7 or 8 of these Rules which requires compliance with this Appendix.
- 5. Paragraphs 277-280, 289AA, 295AA and 296 of Part 8 of these Rules apply to applications made under this Appendix.
- 5A. Where a person aged 18 or over is granted entry clearance or limited leave to enter or remain under this Appendix, or where a person granted such entry clearance or limited leave to enter or remain will be aged 18 before that period of limited leave expires, the entry clearance or leave will, in addition to any other conditions which may apply, be granted subject to the conditions in Appendix ATAS of these Rules.
Leave to enter
- 6. The requirements to be met by a person seeking leave to enter the United Kingdom under this Appendix are that the person:
- (a) must have a valid entry clearance for entry in a route under this Appendix, unless they are:
- (i) a non-visa national;
- (ii) not seeking entry for a period exceeding 6 months; and
- (iii) applying for leave to enter under paragraphs 56, 61B or 64 of this Appendix; and
- (b) must produce to the Immigration Officer on arrival a valid national passport or other document satisfactorily establishing their identity and nationality.
- (a) must have a valid entry clearance for entry in a route under this Appendix, unless they are:
- 7. If a person does not meet the requirements of paragraph 6, entry will be refused.