Written evidence submitted by the Home Office

What impact would the extension of the Armed Forces Covenant legal duty to central government and devolved administrations have?

The Home Office greatly values the contribution that all service personnel make to this country through their service in HM Armed Forces and remains committed to upholding our obligations under the Armed Forces Covenant. The Home Office works closely with the Ministry of Defence (MOD) to ensure we uphold the principles of the Armed Forces Covenant throughout immigration and citizenship policies.

To ensure non-UK citizens are able to enlist and serve in the Regular HM Armed Forces, and be accompanied by their family members, there are already special Immigration Rules in place that put them and their family members in a more favourable position compared to other British, Irish, Commonwealth and Nepalese citizens and ensures those who serve or have served, or their family members, are not disadvantaged due to their service.

Appendix HM Armed Forces, published in April 2024, sets out the Immigration Rules for HM Armed Forces personnel. Immigration and Nationality are both reserved matters.

Immigration Rules for members of HM Armed Forces

HM Armed Forces personnel are exempt from immigration control in service and can apply for settlement under Appendix HM Armed Forces of the Immigration Rules on discharge when their exemption from immigration control ends, or for up to 18 weeks before their discharge or for up to two years after discharge.

To meet the requirements of the rules for settlement, those who apply to stay on, must:

• have completed 4 years of regular service in HM Armed Forces (minimum service period)

• meet the requirements of the Immigration Rules – including validity, suitability and eligibility requirements.

There are specific Immigration Rules that those discharged on medical grounds must meet to qualify for settlement.

We cannot determine decisions on applications for settled status until an individual discharges from HM Armed Forces. Once discharged, they are given a period of 28 days leave outside the rules with work and no access to public funds restrictions, following discharge to allow any application for settlement to be submitted and concluded.

The Home Office is working with stakeholders to consider how to streamline further the transition from holding exempt status to receiving a decision on a settlement application.

Most HM Armed Forces personnel also have the option of applying to naturalise as a British citizen whilst still serving. To succeed they will need to meet the requirements of section 6 of the British Nationality Act 1981. These include completion of the relevant residence period, being settled in the UK and satisfaction of the good character requirement.

Immigration Rules for family members of serving or discharging members of HM Armed Forces

Partners and dependent children of members of HM Armed Forces and service leavers can apply to join them in the UK. They can accompany them on overseas postings, regardless of the length of the posting, with time spent on postings counting towards their five-year route to settlement.

Partners must complete a continuous period of at least five years with lawful status before they are eligible to apply for settlement.

The Immigration (Leave to Enter and Remain) Order 2000 provides for any time spent by a person accompanying their HM Armed Forces partner or parent on an overseas posting to count towards the continuous period of five years.

Any members of HM Armed Forces, including the Brigade of Gurkhas, or service leavers (veterans) who wish to sponsor a visa for an eligible partner and child(ren) to enter, stay or to settle in the UK must meet the Minimum Income Requirement (MIR).

The MIR for those applying to join family members under Appendix FM is currently set at

£29,000, but there are special provisions in place for those who serve(d) which mean that the MIR for HM Armed Forces partner route is in line with the HM Armed Forces salary threshold for on completion of training, which was £23,496 for financial year 23/24. This no longer includes an additional income requirement to sponsor a child.

There are a number of factors which make the situation with the Armed Forces and the MIR for partners and children unique, differentiating applications they make from those made under Appendix FM.

Manifesto commitment to scrap visa fees for those who have served for four years and their family members

The Government committed to scrap visa fees for non-UK veterans who have served for four or more years, and their dependants. Officials from the Home Office and the Ministry of Defence continue to engage on delivery of this commitment.

Nationality applications from serving and discharging members of HM Armed Forced and their family members

Children born overseas to people in the Armed Forces can be registered under section 4D of the British Nationality Act 1981. To qualify the child must have been born overseas when their father or mother was a member of the armed forces serving outside the United Kingdom and the qualifying territories.

Implications of extending the Armed Forces Covenant for immigration and citizenship policy

HM Armed Forces and their family members are already treated differently from others under the Immigration Rules. This differentiated treatment is driven by The Armed Forces Covenant despite it being applied in the context of immigration policy as a moral rather than a legal obligation at the moment.

The provisions of the Immigration Rules already recognise the moral obligation this Government has in relation to HM Armed Forces personnel and their family members, due to the unique nature of the HM Armed Forces person’s service, the sacrifices, dangers and risk of injury or death they face. This means that HM Armed Forces and their family members are not disadvantaged because of that service, but in fact are subject to more generous requirements than others and no such Covenant exists for any other profession or occupation.

These include:

• HM Armed Forces personnel who would, due to their nationality, be subject to immigration controls, are exempt from immigration control for the duration of their service which allows them to travel without needing a visa during their service;

• There is an exemption from the Life in the UK test and Knowledge of Language Test for members of HM Armed Forces applying to settle in the UK;

• There is an exemption from the Immigration Health Surcharge for members of HM Armed Forces and their partners and children;

• Entry clearance or permission to stay for partners and children is granted up to the discharge date of the serving member of HM Armed Forces or for up to five years, as opposed to for periods of up to 30 months (33 months entry clearance) on the family (partner/parent/child) routes;

• Members of HM Armed Forces and their partners and children are able to count time on overseas postings as if they are in the UK towards settlement and British citizenship applications;

• Those who have served a period of at least 6 years are not required to pay an application fee for settlement; and

• Partners and children of members of HM Armed Forces are exempt from the mandatory interview for a first British passport following naturalisation/registration as a British citizen.

Because immigration and citizenship policies already take account of serving and discharging members of HM Armed Forced and their family members, we are satisfied that no additional measures would be required with regard to them if the Covenant legal duty were to be extended. It is anticipated there will need to be no rowing back from the more generous provisions under the immigration and citizenship system as a result of the Covenant being brought into legislation.

We recognise the Covenant does not distinguish between Regulars and Reservists; however, the immigration and citizenship systems do. There are no provisions within the Immigration Rules for someone to obtain leave or settlement purely on the basis of their reserve service.

To join the Reserves, you must be a British or Irish citizen, or a Commonwealth citizen with settled status, or a former member of the Regular Armed Forces with a non-UK nationality (British Overseas Territory, British Overseas Territory Citizen, British National (Overseas) Citizen, Commonwealth Citizen or Gurkha who served for at least four years and has settled status.

Reserve service is considered to be supplementary to employment.

There are no provisions within the Immigration Rules for the dependant of a reservist to enter or remain in the UK solely on the basis of their sponsor’s reserve service.

A reservist wishing to join or remain with them in the UK may instead choose to sponsor a migrant partner, adult dependent relative or child under the provisions of Appendix FM to the Immigration Rules.

If the Covenant is applied as a legislative duty, the Home Office expects it to apply to Regulars and not Reserve forces.

The Home Office only considers issuing a vignette to confirm that an individual has exempt status for periods of pre-mobilisation training, mobilisation or deployment.

Mobilisation or deployment includes but is not restricted to:

• a deployment to an operational area

• undertaking peacekeeping duties to provide humanitarian aid

• enforcing anti-terrorism measures

• helping combat the international drugs trade

• defence engagement

• mobilisation in support of a UK operation in support of the Civil Power.

Sir Matthew Rycroft KCMG CBE

Permanent Secretary at the Home Office

14th March 2025