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Index >> UK Residency >> Indefinite Leave to Remain >> Full - time service overseas as a member of HM armed forces reserve >&g back button

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Indefinite Leave to Remain

Full - time service overseas as a member of HM armed forces reserve

Under Section 4(1) of the Reserve Forces Act 1996, non-Economic European Area (EEA)national members of the following reserve forces of HM armed forces may be enlisted to serve overseas:

  • Royal Fleet reserve, Royal Naval reserve, Royal Marines reserve

  • Army reserve, Territorial Army

  • Air Force reserve, Royal Auxiliary Air Force

The enlistments concerned are permanent, full-time service that lasts for about 9 months and include a period of pre-operation training overseas.

The Reserve Forces (Safeguard of Employment) Act 1985 requires, where the reservist is in civilian employment before service the:

  • employer consents to the deployment 

  • reservist is re-employed after service by the same employer

Under the Armed Forces Covenant, no member of HM armed forces is to be disadvantaged because of their service.

This means any periods of permanent, full time reserve service mustbe disregarded and treated as though it had been spent in their relevant employment, for the purpose of calculating the continuous residence period for indefinite leave to remain (ILR),on any of the work-related routes.

The applicant must provide evidence in the form of a letter from the:

  • armed force concerned,which confirms the deployment and the dates 

  • employer, which confirmsthe applicant’s release for reserve service and their date of re-employment

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