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ARMY WELFARE INFORMATION SERVICE
DISCLAIMER (Whilst every care is taken in the preparation of AWIS Information Sheets, they are intended as a guide only and must be read in conjunction with current legislation/regulations)
Immigration Information
Immigration Information for Service Personnel with foreign born spouses
Introduction
Service personnel marry partners from all over the World. The aim of this fact sheet is to give to service personnel and foreign born wives/husbands some understanding of the immigration rules in order that they can avoid administrative and immigration problems later on.
The following is a very brief guide to immigration rules as they would affect foreign born wives/husbands of Service personnel. It is stressed that it is only a guide, each case is different and quite often complicated. Further detailed advice is available from the Immigration and Nationality Directorate website at www.homeoffice.gov.uk.
Entering the United Kingdom
When a foreign born wife/husband travels to the UK, they enter the country with the official immigration status of ‘spouse’. What this means is that under the immigration rules they need entry clearance granted for that purpose. Entry clearance is not necessary for spouses who are EEA, (European Economic Area), citizens Entry clearance is obtained from British Embassies or High Commissions and is usually given in the form of a visa, entry certificate or letter of consent. Entry clearance is only given when it can be shown that the prime purpose of the marriage is not just to obtain admission into the UK, that the couple are going to live together permanently as man and wife and can house and maintain themselves without recourse to public funds. In other words, the spouse is not coming to the UK for economic reasons. On entering the UK, she/he is admitted for 24 months initially. (A spouse who is an EEA citizen generally does not have a time limit on her stay in the UK). They are free to work. Normally, she/he should not have ‘recourse to public funds’ (i.e. claim state benefits or council housing), although there are certain circumstances when they could.
Settled Status
Before the end of the initial 24 months, the spouse should apply for ‘settled status’ (indefinite leave to remain in the UK). An EEA spouse does not need to apply for settled status unless at some future stage she wished to obtain British Nationality. If a spouse has been married for 4 years or more on application to enter the UK, then settled status should be granted on entry, providing there is no other reason not to allow it.
How to apply for Settled Status:
Write to the Home office at the following address:
Immigration and Nationality Division,
Home Office
Lunar House
40 Wellesley Road
Croydon
Surrey
CR9 2BY
The Home Office will need both passports, marriage certificate and other documents such as evidence of income and housing etc. Passports should be sent recorded delivery and a record kept of the number and date and place of issue. Once a spouse has ‘settled status’, she/he may live permanently in the UK. Although the spouse will live freely in the UK with no restrictions on working, claiming benefits, NHS treatment or council housing, she/he will still be subject of immigration control. This means that although the spouse can come and go to and from the UK freely, if they are out of the UK for a period of more than 2 years, they could lose their settled status.
British Nationality
After 3 years residence in the UK, a spouse with settled status can apply for British citizenship is they wish. It must be pointed out that some countries do not allow dual nationality and they would therefore lose their original nationality if they take British Nationality.
Useful telephone numbers
To ask for an Application Form - 0870 606 7766
Questions about individual applications - 0870 606 7766
General enquiries about UK visas - 020 7008 8438/8307
Application for British Nationality 0845 010 5200
www.ind.homeoffice.gov.uk
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