AFF is able to provide practical one-on-one support to F&C families dealing with the issues below.
The support can be offered in any location in the UK or overseas. We will do all the substantive work required to make the applications, including collating all evidence, completing the forms and writing letters of representation.
If you are currently supporting an F&C spouse in these circumstances who needs immigration advice, then please contact AFF at fcsupport@aff.org.uk.
If you are the spouse, you can contact us directly, but we would prefer that you are referred to us via your local Army Welfare Service or SSAFA caseworker.
Unless you already have Indefinite Leave to Remain (ILR), you are likely to have a visa as a partner of a soldier, therefore your entitlement to remain in the UK is reliant on you having a subsisting relationship. Once you separate, you are no longer meeting the terms of that visa and are required to either return to your home country or to apply for a visa in a different immigration category. You will no longer be able to apply for ILR in the Armed Forces category.
Back to topThis will really depend on your personal circumstances. Please have a look at the options below and contact the F&C team for further assistance.
If you don’t meet any of the above circumstances, then you may find that your only option is to return to your home country. However, there are other exceptional circumstances, which may need to be taken into account.
Exceptional circumstances could include:
You should contact the F&C team in the first instance. We will assess whether we are able to offer further assistance or whether we will need to refer you to a solicitor or a more suitable agency. See below for information about further immigration advice.
Back to topAgain, this depends on the circumstances. You are not required to have a valid visa to apply to remain under routes 1, 2 and 4 below. You should contact the F&C team for further assistance.
Back to topEU spouses in the UK with pre-settled status will need to be exercising a qualifying right to reside in order to be eligible for benefits and housing support in the UK. If you are working in the UK and meet the minimum earnings threshold you will be eligible for benefits. For more information, see nrpfnetwork.org.uk/EEA nationals and family members
If you are an EU national and you do not have pre-settled status you should get in touch with the F&C team.
Back to topIf you have children, cannot work and have no other means of income, then you can apply for a fee waiver for the application.
To be successful, you will need to provide detailed information about your current circumstances to prove that you are destitute. Your AFF immigration advisor will assist you with this.
Back to topNot usually. Limited leave visas are only issued with the condition of ‘no recourse to public funds (NRPF)’ unless you can prove you are destitute or where there are compelling reasons relating to the welfare of a child. Your AFF immigration advisor will assist you with this.
Not all benefits are classed as public funds. People with no recourse to public funds who have paid the necessary National Insurance contributions or have relevant periods of employment or self-employment can claim contributory benefits and statutory payments.
The following benefits and statutory payments are not considered public funds for immigration purposes:
Yes. If you have children and they live with you most of the time, then the soldier has a legal responsibility to support them. See GOV.UK: Child Maintenance Service to find out more.
If you are overseas and wish to enforce a Foreign Court Order to compel the soldier to make payments, you will first need to have the order registered in a UK court. This is done through the central authority (or local courts) in your home country and the GOV.UK: UK REMO unit (Reciprocal Enforcement of Maintenance Orders).
Back to topTo see whether you are eligible for social services support you will need speak to the Children’s Social Care unit in the council area where you live, or your SSAFA/RBL/AWS caseworker (see below) can refer you. For more information about social services support available, see nrpfnetwork.org.uk/Social services support for families
Local authorities have a duty to safeguard and promote the welfare of children in need within their jurisdiction. Families with no recourse to public funds will usually be assessed to see if they are eligible to receive residential accommodation and subsistence under Section 17 of the Children Act 1989.
Unfortunately there are substantial restrictions on the support that can be provided under Section 17 CA to families that are unlawfully in the UK. Support under the Children Act to such families can only be provided if it is assessed, in a Human Rights Assessment, that withholding or withdrawing this support would breach your human rights.
Back to topIn some cases, Royal British Legion (RBL) and SSAFA will provide small grants and vouchers to assist with day-to-day living, but this will very much be on a case specific basis.
Charities will sometimes assist with visa costs if its not possible to get a fee waiver for the application. You are advised to contact RBL if you are in need of financial assistance for your application, your F&C immigration advisor will liaise with the caseworker you are allocated.
Caseworkers can also provide practical support with housing and benefits and can refer you to your local social services department.
Back to topSee the Housing section on our Separation & Divorce page for further information where it details the process for remaining in your Service Family Accommodation (SFA) and the housing options for you once you have to leave your SFA. These can include the Services Cotswold Centre or the SSAFA stepping stone home.
You are still expected to pay for the accommodation, but funding may be provided by Service charities depending on your specific circumstances.
You should speak to your caseworker for more information about your options.
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