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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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I was wondering, would it be possible for me to stay in the

Resolved Question:

I was wondering, would it be possible for me to stay in the U.K. after I get discharged out of the military if I am only staying for the six month visa period?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : Thank you for the question. I am currently in a meeting but will get back to you by this evening as soon as I am free.
Customer:

no problem thank you

Awan-Legal :

Thanks for being patient. Are you serving in ther

Awan-Legal :

the UK army?

Awan-Legal :

If you are serving in the UK army, you will be entitled to 28

Awan-Legal :

days leave with employment prohibited from the date you are discharged and can apply to the UKBA for this beforehand.

Awan-Legal :

I have just read your previous question and note that you were serving in the US army

Awan-Legal :

on which basis you can enter the UK on a visit visa for 6 months as a US national, which will be given in at the UK port provided you can show that you intend to return to the US at the end of your visit

Awan-Legal :

you would also need to show evidence of commitments in the US to which you will return, a return ticket if possible and your bank statements/pay slips from the army to show you can financially support yourself in the UK.

Awan-Legal :

You may be asked at port who you will be visiting and you can explain you are visiting your partner and daughter in the UK but will be returning as you are simply visiting (since you are separated from her and visiting your daughter for a few months).

Awan-Legal :

Further information can be found here:

Awan-Legal :

I hope that helps.

Customer:

I am currently stationed in the U.K. right now.. So after the end of my service I would have to leave the country or would I be able to stay for six months?

Awan-Legal :

How long have you been stationed in the UK?

Awan-Legal :

Are you stationed undeer

Awan-Legal :

sorry 'under' the NATO services or serving for the UK army?

Customer:

From 2001-2007 and from 2010-present is should be getting out within the next couple of months

Customer:

U.S. Army

Awan-Legal :

I assume you are therefore currently exempt from UK control?

Customer:

yes I think I am controlled under the Status of Forces Agreement

Awan-Legal :

Ok great - the UKBA state as follows: (I will also send the link)

Awan-Legal :


LEAVE TO REMAIN FOR MEMBERS OF NATO FORCES FOLLOWING DISCHARGE/SEPARATION

3.1.



Applications for leave to remain by members of visiting forces

Applications for leave to remain by members of a visiting force who have been exempt are dealt with by:



* ICC6





* General Group





- if they wish to remain for any other purpose.

Leave to remain




– postal applications where the applicant wishes to take civilian employment with the forces (including requests for approval of separation on this basis and recognition of civilian component status). PEO deal with any applications made in person under their premium service; or



cannot

be granted while a person is exempt under Section 8 of the 1971 Act.

3.2.




Procedure in separation cases

Applications are normally received from members of the United States forces in advance of discharge. This is in order to meet United States regulations, which require tentative Home Office approval/refusal before making a decision.




Despite applications seeking



1 IDI Jul/04 CH15 SECT2 – PERSONS DISCHARGED FROM ARMED FORCES



Home Office authority for discharge we can only decide whether or not to grant leave to remain under the Rules.








Awan-Legal :

The 'General Group - if they wish to remain for any other purpose' should cover a six month visit visa in that case.

Customer:

So what exactly would I have to do? I'm sorry if I seem slow lol.

Awan-Legal :

Not at all, you would need to write to the UKBA (addressed to the General Group) to apply for a visit visa extension on this basis.

Customer:

I see there is also a portion that states I can stay for 28 days without notice and I can apply for extension of leave?

Awan-Legal :

There is no clear guidance on whether this includes a visit visa although I would imagine so - I can double check with the UKBA for you tomorrow if you like.

Awan-Legal :

Yes that is correct

Customer:

I would really appreciate that

Customer:

you are helping me immensely :)

Awan-Legal :

great, I will check for you tomorrow in that case : )

Awan-Legal :

Hi

Awan-Legal :

I have nio

Awan-Legal :

I have now called the UKBA who have confirmed that the 'General Group - if they wish to remain for any other purpose' covers the additional 28 days leave but not a six month visitor visa - to enter as a visitor you will need to leave the UK and then re-enter at port with the above listed documents as a visitor. The UKBA did confirm that you can simply visit Europe and then re-enter from there.

Customer:

So if i would like to go to hungary for instance during those 28 days does my return ticket have to be back to the states or can it be to some place else?

Awan-Legal : I cannot see any problem with you coming back into the UK for a visit after that provided you perhaps have a return or ticket to the UsA after your visit to the UK and the above documents as evidence of your return to the US.
Awan-Legal : I hope that helps.
Awan-Legal : Please accept my answer, thanks.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and other UK Immigration Law Specialists are ready to help you

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