Spouse visa and UK Army Reserves

[Dominic1984]

Hi,

I have a question that I would really appreciate some help with. As a UK Army Reserves member is my wife on a spouse visa entitled to free NHS care? Is so does this mean we would not have to pay the immigration health surcharge (IHS) for her visa extension? I've searched for an answer on this with no luck.

Many thanks, Dominic

[seagul]

Yes she will be exempt from IHS

Who does not need to pay or get an IHS reference number
You’ll be able to use the NHS without paying the surcharge or getting a reference number if:

you’re applying for indefinite leave to enter or remain
you’re a diplomat or a member of a visiting armed forces and not subject to immigration control you’re a dependant of a member of the UK’s armed forces
you’re the dependant of a member of another country’s armed forces who is exempt from immigration control
you’re a family member of a European national with European Union treaty rights
you’re applying for a visa for the Isle of Man or Channel Islands
you’re a British Overseas Territory citizen resident in the Falkland Islands
you’re an asylum seeker or applying for humanitarian protection (or you’re their dependant)
you’re a domestic worker who has been identified as a victim of slavery or human trafficking
you’re applying for discretionary leave to remain in the UK as someone who has been identified as a victim of slavery or human trafficking (or you’re their dependant)
the Home Office’s domestic violence concession applies to you (or you’re their dependant)
being made to leave the UK would be against your rights under Article 3 of the European Convention of Human Rights (or you’re their dependant)

[Dominic1984]

Many thanks for your reply.

I've looked for definition of 'a member of HM Forces' as I'm now unsure if the UK Reserves count.

Immigration Rules (updated 23 April 2019):
https://www.gov.uk/guidance/immigration ... med-forces

Part 1 General, Interpretation and General Provisions:
2. d) “a member of HM Forces” is a person who, subject to sub-paragraphs (e) and (f), is a member of the regular forces within the meaning of the Armed Forces Act 2006;

The above states these rules apply to Army Regulars? Does anyone know anything to the contrary or if there have been any updates? Am I understanding this correctly. Any help is appreciated!

[Jon.Mason]

Army reserves get no special treatment for visa applications except for the fact that you are entitled to a cheaper lawyer to help you fill in your application if you choose a lawyer, and you can mention being with the army reserves in your covering letter as a supporting point to demonstrate good character.

The special rules relate to regular forces, not reserves unfortunately

[Dominic1984]

Many thanks for taking the time to reply. I agree it looks like there is no support for UK Reservists.

What gave me hope was the fact that The Armed Forces Covenant states that Reservists and their families (including spouses) are part of the Armed Forces Community.

https://assets.publishing.service.gov.u ... venant.pdf

It later states: 2. Health Care: 'The Armed Forces Community should enjoy the same standard of, and access to, healthcare as that received by any other UK citizen in the area they live'.

This doesn't really stand up if you have to pay up to £2000 immigration health surcharges to access the NHS over 5 years. Maybe the covenant is just text on a page, but I thought it was meant to be enacted into legislation. It doesn't seem like this has been achieved.

[seagul]

Better to check your contract or enquire directly from your army office regarding your & your dependant NHS entitlement (if any).