Border Force Operations Manual Categories of Passenger Armed Forces

Armed Forces
Contents
1. Introduction 2. On-entry 2.1 Former members of the United States forces (veterans) 2.2 Procedure 3. After entry 3.1 Persons who cease to be exempt from control under Section 8(4) of the 1971 Act 4. Dependents of members of the armed forces leave to enter 5. Special categories leave to enter/remain 5.1 Gurkhas 5.2 Territorial Army (TA) 5.3 Training/familiarisation courses 5.4 Non-NATO or non-Commonwealth personnel undergoing training / familiarisation courses 6. Refusal of leave to enter 6.1 Rights of appeal and corresponding refusal forms

Border Force Operations Manual

Border Force Operations Manual Categories of Passenger 1. Introduction Section 8(4) of the Immigration Act 1971 exempts from immigration control certain members of the Armed Forces. Normal document checks still apply and include UK members of the Armed Forces. A person is to be regarded as exempt from control (except for the provisions relating to deportation) so long as he is: a member of the home forces subject to service law; a member of a Commonwealth force or a force raised under the law of an associated state, colony, protectorate or protected state who is undergoing or due to undergo training in the UK with any body, contingent or detachment of the home forces including NATO forces; serving or posted for service in the UK as a member of a visiting force including NATO forces; Serving or posted for service as a member of an international headquarters or defence organisation. Armed Forces

2. On-entry A member of the NATO forces should carry the following documentation: a personal identity card issued by his national authorities bearing his name, date of birth, rank and number, branch of the service and photograph (he may also carry a passport). All serving members of the US forces are issued with a blue/green identity card, known in the Air Force, Army and the Navy/Marines as a 2AF, 2AR and 2NA respectively; Individual or collective movement orders, when travelling on duty or on leave, authorising journeys. These orders may be issued by the force concerned, by Supreme Headquarters of the Allied Powers in Europe (SHAPE) or, in some cases, by other Allied Headquarters.

2.1 Former members of the United States forces (veterans) Certain former members of the US forces may carry veteran identity cards and occasionally travel on forces flights. Such persons are not entitled to exemption under the Act. They should carry passports and have visas where appropriate and may be regarded as civilians who may, or may not, qualify for leave to enter. 2.2 Procedure On arrival, a passenger who is exempt from control should have his passport endorsed with the immigration officers open date stamp. No landing card is Border Force Operations Manual 2

Border Force Operations Manual Categories of Passenger Armed Forces required. If the immigration officer is not satisfied as to the passengers claimed status, he may regard him as a civilian who requires leave to enter. A passenger who clearly qualifies for leave to enter should not be delayed while enquiries are being made of the military authorities. Back to Top Where a member of any branch of the US forces is concerned and further enquiries are necessary, the Security Police Commander at the location where the subject claims to be based may be consulted. 3. After entry A person who is admitted as exempt from control will remain exempt provided he is still within the provisions of Section 8(4) of the 1971 Act. A person admitted in another capacity who wishes to join the Armed Forces should be advised to contact them directly. Enlistment is entirely a matter for the relevant Armed Forces. If a person is accepted into one of the Armed Forces, he will become exempt from control under Section 8(4). The passport should be endorsed with suspension of any limited leave to enter/remain by Managed Migration. 3.1 Persons who cease to be exempt from control under Section 8(4) of the 1971 Act Such persons are not covered by Section 7 of the 1999 Act and will continue to be treated as before. A person who ceases to be exempt i.e. his posting in the UK finishes, does not commit any offence if he fails to apply for leave to remain in the UK, however, he may still be liable to administrative removal as an overstayer if he previously held limited leave to enter which expired before he became exempt or while he was exempt from control. 4. Dependents of members of the armed forces leave to enter With effect from 15 March 2005 dependents of Armed Forces are eligible for leave to enter/remain in the UK. Before this time there was no provision to allow them entry although they would normally have been granted entry for the duration of the posting. Fiance(e)s and children over the age of 18 should not normally be granted leave to enter as dependents of visiting forces. However each case should be considered on its merits, taking into account any factors which might justify exceptional treatment. Entry clearance in this category is not mandatory and non-visa nationals can be admitted as dependents for up to 6 months on a Code 1, and then apply to the UK Border Agency for extensions if appropriate.

Border Force Operations Manual

Border Force Operations Manual Categories of Passenger Armed Forces

In order to meet agreed commitments outlined in the MoD Command Paper The Nations Commitment: Cross-Government Support to our Armed Forces, their Families and Veterans, the Government agreed to take steps to ensure that Armed Forces personnel serving overseas and their partners/dependants are not disadvantaged as a result of that posting. Applications for leave to enter from a spouse/partner of a foreign or Commonwealth national serving in HM Forces who is living overseas with their serving partner should have their application for leave to enter the UK considered under paragraph 276AD of the Immigration Rules. Paragraph 276AD should be applied to applications from: spouses/partners who have previously been treated as dependants and who have had leave under 276AD which has expired whilst they are overseas with a serving partner those who have travelled directly from their own country (and so without having resided in the UK) to join their partner on an overseas posting those that have travelled via the UK on visit visas before transiting to join their partner on an overseas posting

We should continue to insist that the parties intend to live together on the date of application for leave under paragraph 276AD, by virtue of 276AD(ii). However, it is now imperative that with immediate effect sub-paragraph 276AD(ii) is no longer interpreted so as to require the serving member of the Armed Forces to be in the UK at the date leave under 276AD is granted or when entry to the UK is being sought by the holder of such leave. This means that paragraph 6 of the Interpretation section of the Immigration Rules does not apply and that we should not require the couple to intend to live in the UK following the application for leave to enter. This will enable a spouse/partner of a serving member of HM Forces to acquire and use leave to enter the UK when living with their spouse/partner on an overseas posting and so will prevent the overseas posting from disadvantaging the serving member of HM Forces. This approach is also consistent with paragraph 4.3, section 1, of Chapter 15 of the Immigration Directorate Staff Instructions which requires officials to allow for circumstances where it is unreasonable to expect cohabitation, such as where the sponsor is posted on an overseas mission. Applications for leave to enter or leave to remain from children of members of the Armed Forces are considered under paragraph 276AG of the Immigration Rules. With immediate effect, sub-paragraph 276AG(vi) should no longer be interpreted so as in practice to require the non-serving parent to be present in Border Force Operations Manual 4

Border Force Operations Manual Categories of Passenger Armed Forces the UK on the date application for leave to enter or leave to remain is submitted. It is adequate merely for the non-serving parent to have leave to enter the UK on the date the application is made (this will normally be leave under paragraph 276AD of the Immigration Rules). This approach will enable children to enter or remain in the UK for study purposes whilst both their serving and non-serving parents are overseas as a result of an Armed Forces posting. In practice any children encountered at the border holding such leave as a dependant should be granted entry within the validity of that leave. Although such children are coming to the UK primarily to study they remain dependants of HM Forces personnel and so should not be refused entry because they are not being accompanied by or joining a parent. These changes in interpretation have been agreed by the Immigration Minister. Where these requirements are not met refusal may be considered under paragraph 276AF of HC 395. Back to Top 5. Special categories leave to enter/remain 5.1 Gurkhas Gurkhas are members of the home forces within the meaning of the 1971 Act. They are exempt from control when entering/remaining in the UK. After discharge from the British Army in Nepal, Gurkhas may apply for settlement in the UK. As of 22 November 2006, time spent in the UK forces even if not stationed on UK soil counts towards the period necessary to be eligible for UK citizenship. 5.2 Territorial Army (TA) Recruitment into the TA is a matter for the Army. Although it appears unlikely that Parliament intended for a person in the TA to be exempt from control, our legal advice is that while a person is serving on duty in the TA (e.g. weekend exercises) he should be regarded as exempt from control. On completion of exercise, a person would resume his previous immigration status (i.e. a person who was an overstayer before going on exercise would become an overstayer on completion of the exercise). 5.3 Training/familiarisation courses

Border Force Operations Manual

Border Force Operations Manual Categories of Passenger Armed Forces Members of NATO or Commonwealth Armed Forces who are posted to the UK for training are exempt from control and the above noted advice will apply when dealing with such persons. Any person or group of persons not falling within this category who have nevertheless been invited to train in the UK may be admitted/allowed to remain for the duration of the course, on a Code 3. Dependents should be granted leave for the same duration on a Code 1.
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5.4 Non-NATO or non-Commonwealth personnel undergoing training / familiarisation courses As noted above, members of NATO or Commonwealth Armed Forces who are posted to the UK for training are exempt from control. Applications for leave on behalf of persons or a group of persons not falling within this category may also be encountered, i.e. non-NATO or Commonwealth military personnel invited to undergo training in the UK by H.M. Forces or invited to become familiarised with military equipment being supplied by British firms, overseen by the Ministry or Defence (MOD). Such applicants are subject to immigration control but they do not require a work permit. Their applications must be accompanied by a letter from their HM Forces/MOD sponsor and are dealt with outside the immigration Rules.

6. Refusal of leave to enter Where a person who seeks entry in this capacity does not meet the requirements of entry, he should be refused entry under Paragraph 320(1) HC 395 as he is seeking admission outside the Rules. Where a person is the subject of an extant deportation order, any leave that he may have been granted is invalidated and he should be refused under Paragraph 320(2) of HC 395. However, reference must be made to HQ before the notice of decision is served. Where refusal is considered on grounds of national security, public policy, sensitive information or where granting leave to enter may affect our relations with another country, reference must be made to HQ. 6.1 Rights of appeal and corresponding refusal forms As persons in this category are exempt from control it would be unlikely that they would hold prior entry clearance, therefore they would not be entitled to a right of appeal (bar residual grounds) and should be issued with form IS 82A.

Border Force Operations Manual

Border Force Operations Manual Categories of Passenger Armed Forces

A person seeking entry while subject to an extant deportation order does not have a right of appeal and should be served with form IS 82A. Where a person is subject to an exclusion order or you wish to invite the Secretary of State to make an exclusion order the person should be served with form IS 82NC, their appeal rights will be restricted to residual grounds; cases should be referred to HQ before serving the notice of decision. Further guidance regarding appeals and for dealing with residual claims (second stage refusal forms) can be found in the Appeals section.

November 2011

Border Force Operations Manual