We are a group of ex-armed forces personnel from Commonwealth countries who have served in the British armed forces. We have collectively served in war torn countries including the Balkans, Iraq and Afghanistan. We have been let down by Her Majesty’s Government as we were not properly guided or supported by HM Forces in relation to immigration resettlement leading up to being discharged from the army.

Many of us were discharged from the army before 2013 when the HM Forces were responsible for taking steps to help us in applying for settlement leading up to our discharge from the army. 

There have been countless and repeated failures by HM Forces’ to follow their own procedures which have led veterans like us being left without legal status in the UK after leaving the British armed forces.  

Most of us were not briefed at all regarding steps we needed to take to apply for settlement after leaving the army. In some cases when we were briefed, this has happened only weeks before our date of discharge when we were told that we have to pay thousands of pounds within 28 days to apply for settlement.

After serving the Queen and Country for years in conflict zones such as Iraq and Afghanistan, we deserve better treatment from the Ministry of Defence. Are we not deserving of an exemption from Home Office application fees after risking our lives in serving Her Majesty’s Armed Forces? 

Many of us are suffering from PTSD and struggling to cope with civilian life, yet we are also living with the added pressures of homelessness and fear of removal. Some of us have families with children who have only known this country as their home. This devastating situation has torn some of our families apart and has left our children traumatised.

If you believe those who have served in the armed forces should be given better treatment by the British government, please support our legal action by contributing now and sharing this page with your friends, family and on social media.

The Legal Case

The Ministry of Defence was previously responsible for taking specified steps on behalf of armed forces personnel in order for them to apply for settlement following discharge from the army. It is evident that in many cases, HM Forces failed in their obligations and did not properly follow discharge procedures.

Since March 2014, a change in Home Office policy has placed the onus on the soldiers themselves to take steps to apply for ILR after leave the army.

The current policy is based on the premise that the “the MOD has taken steps since that date to make sure appropriate and timely advice is given to discharging personnel regarding their immigration responsibilities”. However, some who have been discharged from the army have not been provided with timely guidance that enabled them to prepare for the financial cost of the necessary immigration applications. The significant cost of the immigration application fees is a factor that has led to many veterans remaining in the UK without regularised status.

What we are trying to achieve

Through Judicial Review action, we seek to achieve:

• Accountability on the part of the Ministry of Defence for the mistakes in discharge processes which have left these soldiers in a situation of hardship since leaving the army.
• A review of discharge processes within the army for foreign personnel to ensure that dischargees are fully aware of steps they need to take in order to remain in the UK after they leave the army.
• Provision of accurate advice and information about discharging personnel’s entitlement to apply for settlement during the course of their service in the army.
• An exemption of Home office fees for armed forces personnel for ILR applications in recognition of the years of service to the UK.

How much are we raising and why?

We can't bring this legal action alone. We need help to raise funds to cover our legal fees. Initially we will be raising £1,000 but we will then go on to raise £5,000 to carry the case as far as we can. 

Our future, and the future of other service members depends on our ability to take this action.

Case Background

The current fee for settlement is £2389.00 which is a massive rise from £1051.00 in 2013. It is not possible to afford this sum at short notice, especially when there are other family members who also need to apply for settlement. One veteran who served 14 years in the army was told only two weeks before being discharged of the need to submit applications and was faced with having to pay fees in excess of £10,000 to apply for settlement for himself, his wife and children. 

After 5 years of service in the Army, we and our families would have been eligible to apply for settlement in the UK. But the army has never provided us with this information, at a time when it might have been affordable. 

We are now left without financial means to resolve our situation because our cases are not in scope for legal aid to cover the cost of legal fees. We also cannot afford the Home Office’s application fees. Many of us have been left in this state of limbo for years. 

Over the years there have been news reports (even this week!) of veterans being detained and faced with removal. A common ground to all these cases is that Commonwealth veterans have been let down by the Ministry of Defence and the Home Office. It is time that something is done to change this so no foreign national soldier who has served this country should have to face such appalling treatment.

In November 2018 the British Armed Forces announced an intention to step up their “long-held global links, by increasing the number of recruits from Commonwealth countries”. The British government still relies heavily on the service of recruits from Commonwealth countries, yet continues to disregard the welfare of Commonwealth veterans after they have given years of service to this country!

Thank you for your support.