really need advice on ex millitary immigration status

[highlanderz1]

Hi guys, really need your advice on this..

A mate of mine who is an ex british army soldier from Fiji wanted to know how to go about fixing his immigration status, if thats the right way of putting it..he thinks he is here illigeally and asked for help..i thought that being an ex army he should be alright but he said he may not..
He joined the army in april 2002 and left in nov 2005..he spent 3 years and 7 months in the army..from my understanding he should be applying for LTR (leave to remain), question is how does he do it? what impact does it have on him since he didnt do it straight after leaving the army? can he still somehow have a slim hope of getting his status fixed while being here? does he risk being deported?

would really appreciate your advice guys, im friends with him through my brother and cousin who served with him in iraq and afghan and he is a really top bloke who genuinely didnt understand the immigration side of things..he thinks that he might be send back home although he really wants to stay, and i personally think that he deserves to be allowed to stay..

[newperson]

It doesn't look as if your friend will be allowed to stay based on his military service. He does not meet three of the requirements below:

Requirements for indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces

276O. The requirements for indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces are that:
(i) the applicant has completed at least four years' service with HM Forces; and
(ii) was discharged from HM Forces on completion of engagement; and
(iii) was not discharged from HM Forces more than 2 years prior to the date on which the application is made; and
(iv) on the date of application has leave to enter or remain in the United Kingdom.

Source is here (starting at section 276L for leave to enter, 276O for leave to remain): http://www.ukba.homeoffice.gov.uk/polic ... les/part7/

Based on what you have written, he has no legal basis for being in this country and is an overstayer. If he wants to stay in the UK, he needs to find a legal economic or family route to do so and return to Fiji to obtain proper entry clearance. Unfortunately his status as a former soldier does not matter. He didn't serve long enough AND he didn't apply in time AND he doesn't have a current valid leave to remain in the UK.

Would he have any intention of rejoining HM Forces? If he serves another 4 years, he would be entitled under current rules for settlement. At least he'd know what to do correctly this time.

[Mr Rusty]

I think newperson's advice is correct, as far as it goes.
What ought to happen when a foreign soldier is discharged from the British Army is that his CO should notify UKBA, who then write to the person giving them 28 days in which to apply for LTR under some other provision of the Rules. In many cases that letter is not issued, which creates an anomalous situation - persons serving in the armed forces are EXEMPT from immigration control; upon discharge they are no longer exempt, but unless they've had the letter referred to above (or it has at least been properly issued), they can not be classed either as illegal entrants or overstayers, as they did not enter the UK illegally and had not LTE/LTR to overstay.
So if the subject of the OP was arrested as an illegal and checks showed that the letter had not been issued, he would have to be released pending service, and given an opportunity to apply for LTR.
Whilst he may not qualify for ILR, he may be able to apply for LTR under some other category, and should consider doing this. He may be wise to seek assistance from an appropriately-qualified immigration solicitor or OISC-registered advisor.

[highlanderz1]

thank you very much for the advice guys, Mr Rusty he said that after leaving the army he has not received any letter from the immigration notifying him of what to do..

[mochyn]

Given the high profile of ex-soldiers as highlighted by Joanna Lumley's fight for rights of the Ghurka to stay in this country it may be wise to contact the British Legion or SSAFA and they might take up the fight on his behalf.
At least it is another weapon to be used in addition to looking at immigration consultants

[highlanderz1]

true very true, really appreciate all of your advice guys.. cheers..