Further to yesterday’s post, VA staff have now been made aware of an instruction to UKBA staff advising them that F&C military personnel are NOT to be disadvantaged by service overseas.
It’s dated 13 October 2010 and was published more than two years before the recent confirmation to VA operational staff that such service did not contribute to its residence requirement.
The instruction to ‘Border Force’ says, ”Staff are required to familiarise themselves with the amended interpretations of the Immigration Rules 276AD, 276AG and 276R” and adds as background, “It has been agreed with the Ministry of Defence (MoD) that we will amend the interpretation of the Immigration Rules to treat Foreign and Commonwealth HM Forces personnel posted overseas as if they were based in the UK.
This interpretation will facilitate the entry and re-entry to the UK of spouses/partners and children of members of HM Forces who are exempt from control.
In addition it will prevent these spouses from being disadvantaged in applications for ILR or their children’s continuing education as a result of postings abroad.
The Border Force Manual will be amended to reflect the changes.”
Negotiation of the citizenship and residency requirement maze is challenging at best, which is why so many Veterans seek help from charities like ours. But when the Agency they are dealing with employs frontline staff who aren’t familiar with its own rules, the process becomes positively Kafkaesque.
