Naturalisation for Members of HM Forces Exempt from Immigration Control

If you are a member of the British Armed Forces exempt from immigration control and have lived in the UK lawfully for at least five years, you can apply for naturalisation as a British Citizen using form AN. This applies to those who have been serving in the military for the past five years and are still in active service. The application is made to the UKVI using the appropriate form. What Are the Requirements for Naturalisation as a British Citizen? To be eligible for naturalisation as a British Citizen as a current or former member of the British Armed Forces, you must meet the following criteria:

1- You must be free from immigration time restrictions when you submit your naturalisation application.

2- You must have resided in the UK continuously for the five years preceding your application date.

3- You must demonstrate good character, as required for all naturalisation applicants.

4- You must meet the Knowledge of Life in the UK and English Language requirements.

Residence Requirements for Current Members of the Brigade of Gurkhas If you are currently serving in the Brigade of Gurkhas at the time of your application, the Home Office, UKVI will:

1- Calculate any technical absences during the qualifying period and exclude these from the total residence count.

2- Combine technical absences with actual absences to determine the total number of days absent during the qualifying period.

3- Apply the standard limits for permitted absences (450/270/90 days) without waiving any excess absences.

Appropriate Work Experience

What Is Discretion for Absences?

The British Nationality Act 1981 allows for discretion to waive the requirement for an applicant to have been in the UK on the first day of the 5-year qualifying period for a 6(1) application if the applicant is or was a member of the Armed Forces. The Home Office, UKVI, should typically exercise this discretion in the following circumstances:

1- The applicant was serving in the UK armed forces on the first day of the 5-year qualifying period.

2- The applicant was unable to be physically present on that date due to their military service.

3- The applicant meets all other requirements under section 6(1). In such cases, the Home Office, UKVI, should use discretion under paragraph 2(b) of Schedule 1 to the BNA 1981, counting any "technical" absences during the qualifying period as residence. Additionally, the Home Office should be willing to overlook any actual absences from the UK that occurred due to the applicant’s service in the armed forces.

Age

What Is the Requirement of Being Free from Immigration Control?

While serving in the armed forces, applicants are exempt from immigration control and therefore free from immigration time restrictions. Many applicants will have had no time restrictions throughout their service and may have been granted Indefinite Leave to Remain (ILR) upon discharge, meeting the requirement to be free of immigration restrictions for 12 months before applying for naturalisation. In some instances, a former armed forces member may have been given 28 days of limited leave on discharge before being granted ILR. In these cases, the Home Office, UKVI, should exercise discretion regarding the requirement to be free of immigration time restrictions in the 12 months prior to the application. However, this discretion is usually not applied if the former armed forces member was granted a longer period of limited leave on other grounds.

Education Levely

Naturalisation for Spouses/Civil Partners and Children of Members of HM Forces

Spouses, civil partners, and children of servicemen are not exempt from immigration control while living in the UK. Typically, they are granted leave to remain as long as their spouse or civil partner is in service. If they still have limited leave to remain, they will not meet the criteria to be free of immigration time restrictions (spouses/civil partners) or fulfill future intentions (children). Consequently, their applications may be refused if they have not held ILR for the past 12 months. Spouses or civil partners of servicemen who are exempt from immigration control might have high levels of absences due to accompanying their partner overseas or not being able to join them while in the UK. The Home Office can exercise discretion to disregard absences due to service abroad, similar to how it is done for servicemen. Any child born in the UK to a parent serving in HM armed forces is automatically a British citizen. For children who are not already British citizens, the Home Office, UKVI, should consider their application alongside the parents' and be prepared to waive the requirement for children over 13 to have completed two years of residence in the UK.



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