Commonwealth Veterans
Immigration Policy

Response to reports in the media that Commonwealth citizens who have served in HM Forces are being denied the right to settle in the UK after discharge.

It has been reported across a number of media outlets that a group of Fijian former soldiers have been denied the right to settle in the UK despite having met the eligibility criteria (set out in the linked UK Home Office document “HM Forces Applications on Discharge”).

It is often difficult to accurately establish the facts of a case from media reports or from support groups, as all invariably have their own bias, however well intentioned. However, it would appear that the case in question concerns a group who, having served for at least the required minimum term of four years full time engagement, were denied the right to settle permanently in the UK. The reason for refusal is given as the application being made outside the maximum two year post discharge period during which applications can be made, meaning that these ex-soldiers, who had remained in the UK, were “overstayers” and therefore disqualified by the legislation.

The group had applied for a judicial review on the grounds that that they had not been advised by the Army of the time limit for application. The review was refused on the grounds that this is an administrative dispute and not a point of law.
It is clear form the linked guidance document that immigration officials can process applications if there are grounds to suspect that the applicant had not in fact been advised of this time limit on discharge. This situation appears to have arisen because on the one hand the Army failed to fully inform these men and, on the other, the Home Office is refusing to abide by its own rules.

Our proposed policy solution to this situation, which is undoubtedly not unique, is very simple:

The Alliance for Democracy and Freedom would amend immigration law to make the offer of British citizenship automatic to all qualified personnel on discharge, removing the need for those leaving Crown service to make the application themselves. It would be incumbent on all branches of HM Forces to proactively engage with Commonwealth and other eligible personnel to ensure they are fully aware of their right the citizenship on discharge from a qualifying engagement. This amendment would apply retrospectively, to cover all of those affected by what we see as an injustice against those to whom we owe a debt of gratitude.

ADF want to see the “military covenant” properly enshrined in law and for veterans to be given priority in social housing and public sector jobs.

We must see meaningful and properly funded action to deal with the alarming number of homeless veterans and to help those suffering permanent mental and physical damage as a result of their selfless service.