Ex Gurkha Army under Section 8

[Marishres]

Hi All Moderators!

Apology for asking this on behalf of my friend.

He joined the army in 19 Jan 2001 and arrived to UK. He left the army on 11 Dec 2014. He was issued with Armed forces: exempt from immigration control under Section 8 on 8 Nov 2005. Apparently his wife and two kids applied for ILR which was issued on 2013.

Now the problem is: He wasn't aware of applying for ILR or british passport after quitting the armed forces and assumed it would automatically be issued with passport if applied later which he only did on Sept 2017 and it is under consideration and haven't hear from home office apart from an acknowledgement. After leaving the army, he started to work for a company as a normal civilian. He's been suspended from his work and asked to prove his rights to work and live in the UK. Due to his own naivety, he is absolutely gobsmacked and stressed about losing his job!

I am not sure if I am posting this under an appropriate topic. Requesting all the experienced moderators to provide their insights! Thank you all in advance.

Best,
Marishres

[Marishres]

Does Section 3C save him?

[Marishres]

Just updating......

He's been dismissed from his job! ECS check came up as Not Confirmed!

[Marishres]

Dear Moderators!

Please need your advice as I ran the ECS on his profile through, it came up as positive in contrary to what his previous employer insisted.

Positive verification Notice has been served from the ECS. Does the discretion still persist with his employer to dismiss him? They have asked him to provide with an evidence for right to work which is manifested through the check I made.

I understand his previous stay in the country is completely out of immigration law and after leaving the army he made a mistake for not applying and following the bureaucratic procedure appropriately. His documents are still with the home office under consideration.

I would need your valuable advice to keep him motivated!

Best!

[secret.simon]

Not much grounds for optimism.

(Page 19) A full time member of HM Forces (that is, a member of the regular rather than reserve forces) ceases to be exempt on discharge from HM Forces.

As I see it, your friend does not have the right to work in the UK. Also, given that it has been about four years since he left the Armed Forces, I am not sure the ILR application has any chance of success. Technically, he has been residing AND working in the UK illegally for the past four years.

Assuming that he is granted ILR outside the Rules (by no means a certainty), the fact that he resided AND worked in the UK when he did not have leave to do so means that he will likely a face a 10 year ban from the date that he became legal again for naturalisation.

What is likely to happen is that he will be given a ten year FLR(FP) route, or LOTR (Leave Outside The Rules), which will lead to ILR after 10 years.

Have his wife and children applied for naturalisation/registration and British citizens? If they have ILR, they can apply for them independently of your friend's status.

[Marishres]

@secret.simon Thank you for your advice.

Yes, his family got the ILR. Seems like the ECS result is insignificant.