Non-UK Armed Forces Personnel: Immigration Requirements

Jim Shannon Excerpts

Wednesday 5th January 2022 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. and gallant Member for Barnsley Central (Dan Jarvis) on setting the scene. He often does so on these issues, and few in the House could disagree with his point of view. I also commend the hon. and gallant Member for Plymouth, Moor View (Johnny Mercer), who clearly has a heart and a passion for this matter, for his contribution. It is hard to ignore the contributions of both Members, given their service, and their knowledge of the subject matter and how it can be taken forward. I also thank the hon. Member for Stockport (Navendu Mishra) for his contribution—he mirrors the opinion of us all.

I have always been an avid supporter of the Gurkhas and the need for fair and right treatment. However, it is worth pointing out that this issue is not simply about the Gurkhas. It is about every man and woman who puts on a uniform in any branch of the armed services. It is also about the families who they leave behind while on service—families who undergo years of sleepless nights, missed birthdays and missed events, all because their loved one stands for democracy and freedom under the Union flag, and is in the service of Her Majesty the Queen. We see that as a key issue.

I am a simple man and like the simple things in life. Perhaps I view this matter too simplistically. If someone serves this nation, the nation owes them a debt that we can and must repay. That debt is equally owed to the families. That seems simple to me and every one of us here.

The Government seem to understand the principle, but scale is a problem. There is a proposition that these provisions be waived for the individual after 12 years’ service, but that is only for indefinite leave to remain, and only for service personnel. I have the utmost respect for the Minister and regard him as a friend, as he knows. We converse on many matters all the time. I look to him for a response that encapsulates what we are saying. I am pleased to see the shadow Minister, the hon. Member for Barnsley East (Stephanie Peacock), in her place, and look forward to her contribution, which I know will sum up all the things that we are saying.

My view is straightforward: our position on the repayment of the debt owed is skewed. While the Government have tinkered around the edges of immigration, there is an acknowledgment that we have not got it right; the provision quite clearly does not go far enough. For example, the exemption from UK immigration control ceases when the person is discharged from the armed forces. They have 28 days following their discharge to apply to remain in the UK, if they have not already done so. The Government confirmed in March 2021 that “Her Majesty’s forces” means a serving member of the regular forces of the Royal Navy, British Army—including the Brigade of Gurkhas—or the Royal Air Force, and the length of time for an application to be made would be increased to 18 weeks in advance of discharge, rather than the 10 weeks previously allowed.

I welcome that, but I feel it is not enough. The holder of a family visa will need to accrue five years’ residence in the UK to be eligible for indefinite leave to remain. Time spent overseas on an accompanied posting is counted as time spent in the United Kingdom. Under the armed forces rules, it may be possible for a family visa holder to be eligible for indefinite leave to remain after four years. That is because a service leaver is eligible after four years’ service, and the family members can apply concurrently. I am really concerned to ensure that we do not forget that this is not just about those who served in unform, but about their families as well. I know others here share that opinion.

How can we make the need to meet the standard requirements for indefinite leave to remain under the family visa route easier? How can we make that a responsibility for us in the House and Government? I believe there is consensus of opinion in Westminster Hall today, including on the need to continue to meet the minimum income requirement, which is very difficult for someone who has just left the service. That issue has to be addressed. The hon. Member for Barnsley Central referred to that at the beginning of his contribution. We need clarification and help on that matter, because we must get that right. To be fair to the Minister, without putting words in his mouth, he has acknowledged the issue, and I hope we can get some response on it. Those who have served Queen and country need these matters reviewed urgently.

The work carried out by the Royal British Legion in response to the Government consultation makes it clear that Government proposals do not go far enough to make the difference needed to make things right. The Royal British Legion is highly respected and renowned, and has a lot of knowledge of these matters, because it has dealings every day with soldiers and their families. As one in 10 members of the Army are non-UK, this is an issue that we must get right. We must also consider that not all of those people wish to move here permanently—that is a fact—and not all of them have family to bring over. When looking at the 10% affected, we have to address that issue.

With respect, we are not attempting to circumnavigate immigration procedures, which are necessary. I understand that we must have rules in place, but we are talking about allowing a small number of people, who have given so much, the opportunity to rebuild their civilian life in this country. My plea on their behalf—I honestly do not believe that this is too much to ask, which is why I add my voice to the voice of colleagues who have spoken and who will speak—is that the Government take on board the views of the Royal British Legion and other charities, and the personal stories to which hon. Members have referred, and implement meaningful changes to our immigration policy for those who dedicated their lives to secure ours. They did their best for freedom and democracy, and we support them. Let us support them now, because it is now that they need our help.