SO1 J1
HEADQUARTERS
BRITISH FORCES CYPRUS
BRITISH FORCES POST OFFICE 53
Telephone: Cyprus Mil 94120 3136
Civil
25-963136
Fax
25-963563
Reference:
01_02_06_02
Date:
22 Mar 11
See Distribution
FOREIGN AND COMMONWEALTH CITIZENS SERVING IN BRITISH FORCES CYPRUS IMMIGRATION AND ADMINISTRATIVE ISSUES
References:
A.
B.
C.
D.
E.
F.
DPS(A)28/9/PS4(A) dated 31 Mar 08.
JSP 752, Tri-Service Regulations for Allowances.
01_02_06_01 dated 22 Mar 11.
DE&S/SCM/DMTP dated 28 Feb 11.
Army Briefing Note 26/09 dated Jun 09.
Army Briefing Note 58/10 dated 17 Aug 10.
INTRODUCTION
1.
Reference A was produced by PS4(A) in recognition of the increased Foreign1 and
Commonwealth (F&C) contingent in the Armed Forces and to highlight the specific needs that F&C
personnel, and their dependants, might have or the additional support they might require. Whilst
Reference A is now over two years old and probably slightly out of date in places, it nevertheless
remains extant and it should be read in conjunction with this document.
2.
Although the specific needs and/or support required by the F&C community in Cyprus is
likely to be similar to that experienced throughout the Armed Forces, it is accepted that there are
certain nuances associated with being posted to overseas locations and the aim of this document
is to concentrate on Cyprus. The additional support required is usually linked to issues
surrounding passports, visas, immigration status, F&C children born in the SBAs and duty travel
entitlements. Whilst most of the administrative matters are dealt with under the policy and
guidance provided in Reference B, it is recognised that when assigned to Cyprus there is a limited
level of access to the UK Border Agency (UKBA) policy and regulation, especially with regards to
immigration issues which might, at times, cause some administrative difficulties for serving F&C
citizens and their dependants.
UNIT RESPONSIBILITIES
3.
Reference A, Para 9.a to 9.g, details the Unit responsibilities in supporting F&C personnel
through significant UK immigration and nationality events and this policy direction is to be followed
by all BFC Units. In addition, BFC Units should be aware of external agencies (see Para 23 and
24) and information sources that can advise and assist F&C personnel when dealing with
significant UK immigration and nationality events and refer individuals to them accordingly.
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Republic of Ireland, Gurkhas and Nepalese citizens serving in the British Armed Forces.
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4.
Units are to provide assistance to individuals in the preparation and finalisation of the
relevant documentation i.e. supporting letters from the Unit when applying for passports and/or
visas. However, the Unit is not expected to be the subject matter expert on issues of immigration
and where there is any doubt of interpretation or application of the UKBA policy, expert help is to
be sought immediately through J1 Branch. Notwithstanding this, the Unit F&C Focal point will
become well versed in dealing with passport, visa and birth status issues for F&C personnel and
this source of knowledge will be of great benefit to the Unit. Although it might be useful to refer to
past experiences when assisting an individual, it should not be forgotten that every case is
different, the immigration rules are complex and often require interpretation depending on
individual circumstances. It must also be remembered that the immigration rules change on a
frequent basis and what might be policy today, might not be policy tomorrow.
5.
It is recommended that each Unit considers nominating a F&C Focal Point or F&C
'Champion', from within the chain of command. In most instances, the default nominee will be the
UWO and this generally works very well. The F&C Focal Point is to be proactive in highlighting
and promulgating information pertinent to the F&C community. As a minimum, units are to ensure
that the following actions are taken:
a.
Create Part One Orders with specific information about F&C personnel (taken from
Reference A and B, plus other sources of information, as necessary).
b.
Maintain a F&C notice board positioned near the Admin Office or the Welfare Office
displaying information and updates pertinent to the F&C community from the UKBA on
immigration matters, relevent F&C Army Briefing Notes, Defence Briefing Notes and Pay
and Allowances information, including DOMCOL.
c.
Ensure that Admin Instructions for Units Moves or individual Assignments contain
information on visa and passport requirements prior to leaving Cyprus and any other
information specific to F&C personnel.
BRITISH HIGH COMMISSION
6.
The British High Commission (BHC) in Nicosia no longer processes UK passports. All UK
passports for applicants based in Cyprus are now handled by the Regional Passport Processing
Centre in Madrid (see Para 24). The BHC in Nicosia continues to issue emergency travel
documents but requests will only be approved in the most exceptional of circumstances and
evidence of the urgent nature of travel must be proven. Reference C has been produced in
conjunction with the BHC and provides full details of the passport application process, which must
be held by the Unit Admin Office and Unit Welfare Office.
7.
The BHC in Nicosia is still responsible for processing visa applications and handling
naturalisation and registration as a British Citizen. However, all information regarding eligibility and
application is to be obtained from the UKBA website (see Para 24). The BHC provides a reduced
application service and is not at liberty to provide advice, or entertain discussion, regarding
immigration matters. A reachback facility is provided by the UKBA and as such any complex cases
are passed to them for action. With this in mind, Units are to ensure that individuals are suitably
prepared when they submit applications to the BHC, ensuring that all supporting documentation is
enclosed, especially if they wish to avoid a returned application. J1 Branch has forged a strong
working relationship with the BHC and can assist in most cases, should difficulties be faced.
PASSPORT AND VISA REQUIREMENTS FOR CYPRUS
8.
Passport Applications. Reference C provides guidance on passport applications. All
passports are to be applied for through the Unit Admin Office and whilst an individual is assigned in
an overseas location e.g. Cyprus, costs will be met by the public purse. However, individuals are
expected to pay for the passport in advance and submit a retrospective claim on JPA. Advice on
this matter is to be sought by the individual from the Unit Admin Office in the first instance. Where
an individual is facing difficulty in obtaining a renewed passport from their country of origin or an
individual's country is not represented in Cyprus i.e. through a consulate or embassy, the BHC
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might be able to assist by liasing with the Ministry of Foreign Affairs in the Republic of Cyprus
(RoC), in order to gain the appropriate travel documents. However, this is a very drawn out
process and the individual should not underestimate the administrative burden this could present;
all other official channels (through their own country's authorities) should be exhausted before this
option is explored.
9.
Visa Requirements. Prior to being assigned to Cyprus, all dependent family members of
military personnel must have a valid passport (valid for at least 6 months). Passports are to be
submitted to Relocations, Abbeywood in advance of travel to Cyprus where a SBA Status Stamp
will be issued. This process is to be triggered by the losing Unit Admin Staff following receipt of an
assignment order or, in the case of a Unit move, by the Admin Staff and/or Welfare Office Staff of
that Unit. The Status Stamp affords an individual and his dependants (where applicable) certain
entitlements under the Treaty of Establishment, including access to tax-free goods. More
importantly, it also provides exemption from passport/visa regulations and in-depth immigration
inspections on entering or leaving Cyprus. In respect of F&C dependants, this means that a UK
dependants visa is not required for Cyprus. Should a F&C dependant wish to apply for a UK visa
for personal reasons, other than on posting, the cost is to be met at private expense. Only in the
case of a move for Service reasons (an official assignment order) or return to the UK on
welfare/medical/compassionate grounds will a visa be paid for at public expense.
10.
UK Visa Required for Medical/Compassionate Reasons. In cases of travel to the UK for
an F&C dependant on routine medical/welfare/compassionate grounds, who does not hold a valid
UK visa, the BHC typically processes visa applications within 24 to 48 hours providing there is no
requirement for further immigration checks. It is recommended that units advise all F&C
dependants to have all supporting documents prepared in case travel on routine
medical/welfare/compassionate grounds is necessary and a visa application is required to be
processed in quick order.
11.
Casualty/Compassionate Travel. The 48-hour visa application process is not suitable in
the event of a casualty or for compassionate A or the majority of compassionate B travel. In cases
of an urgent or immediate requirement to travel back to the UK for medical or compassionate
reasons, an interim policy for short notice applications for a visa waiver has been produced at
Reference D. Due to UKBA restrictions, this visa waiver is only applicable to travel on RAF
flights from Akrotiri to RAF Brize Norton and is not applicable to civilian flights from Cyprus
to UK. The application for visa waiver is to be sent by the J1 Duty Officer to both
martin.hurst@homeoffice.gsi.gov.uk and gerry.shields@homeoffice.gsi.gov.uk, (out of hours
+441993 845992/+44 7917067771 or through Brize Norton Load Control Clerk). Applications are
to be submitted immediately on casualty notification by the J1 Duty Officer in liaison with the Unit
Duty Officer. An example letter template can be found at Annex A.
12.
Should emergency travel for casualty/compassionate reasons require travel to a civilian
airhead, the VAF1a visitor visa application form2 will need to be completed as far as possible, a
photocopy of the photo page from the passport provided and a supporting letter from the unit
explaining the circumstances, using the template at Annex B. This will be checked by Entry
Clearance staff and authorisation to enter the UK will usually be approved and faxed back to the J1
Duty Officer; UKBA will also notify the port of entry immigration staff at the civilian airhead. This
process guarantees the production of a visa being issued within a maximum of 12 hours.
13.
Applying for a UK visit Visa. On assignment from one overseas location to another, or
when travelling from Country of Origin to join the serving person at an overseas assignment e.g.
Germany, Cyprus or Canada, all non-British dependants are required to transit through the UK
first. The UKBA has agreed to allow these dependants into the UK on a visit visa, but they will
require a letter from the Unit confirming the soldier's overseas assignment. This is to ensure that
all non-British dependants undergo full UKBA checks prior to entering the overseas location and
aims to avoid potential immigration issues further down the line. Application for a Status stamp, via
the Relocations cell at Abbeywood, should also be instigated at the same time. Once the
dependant is in the UK (or has his/her visa and can provide a copy to the Unit) the Unit is to liaise
2
This application form can be found at the following link: http://www.ukvisas.gov.uk/en/howtoapply/vafs/
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with the Relocations cell to ensure the Status stamp is issued, this will allow the spouse to continue
his/her journey. Information about other supporting documents, which may be required when
applying for a visit visa can be found on the AFF F&C Specialists' website (see Para 25) or at the
following link:
http://www.ukba.homeoffice.gov.uk/?requestType=form&view=Search+results&simpleOrAdvanced
=simple&page=1&contentType=All&searchTerm=twov.
14.
Renewing UK Visas. The UKBA has also recently revised the rules surrounding the
application process for a UK visa, whilst serving overseas. A dependants visa can now be
renewed or applied for whilst assigned in an overseas location. Indefinite Leave to Enter (ILE) can
also be applied for from an overseas assignment even if the serving F&C citizen is not about to be
assigned back to the UK. An Army Briefing Note is currently with the UKBA for clearance, the
details of which will be published in Soldier Magazine, Welfare Matters etc and by J1, once
approved.
15.
In advance of a Unit Arms Plot Move (or an individual assignment), action should be taken
to ensure that all F&C passports and visas are valid and in date. The BHC can provide assistance
with this process if required; a request should be submitted by the UWO, via HQ BFC J1 SO3 Wel,
6 months prior to the scheduled date of the Unit Move. As part of this process, all UK visas that
have expired will be replaced and costs will be met by the public purse.
16.
Journey costs, to and from the BHC in Nicosia, that are incurred as a direct result of a Unit
move, an individual assignment or a Service reason can be met by the public purse. However,
individuals are to be advised that they should request white fleet transport or use the pre-arranged
Unit transport in the first instance. Only with the prior authority of the Unit Admin Officer and on the
production of a non-availability certificate can an individual be authorised to claim MMA via JPA
when they have used their own vehicle to travel to and from the BHC to process passport and/or
visa applications.
17.
Non-EU Passengers Procedures at Akrotiri Air Terminal. All Non-EU nationals who
board an aircraft at Akrotiri, bound for RAF Brize Norton or RAF Lyneham, are to complete a NonEU national proforma, which will be forwarded to the receiving airfield by the movements staff. The
receiving airfield will then notify the UKBA Officer of the arrival of Non-EU passengers, who will be
present at the receiving air terminal to check immigration paperwork. Non-EU passengers are to
make themselves known when checking in at Akrotiri Air terminal to ensure this procedure is
followed.
APPLYING FOR BRITISH CITIZENSHIP/SETTLING IN THE UK
18.
F&C personnel who wish to apply for British citizenship, whilst still serving, will be required
to take the “Life in the UK” test. This test will have to be taken in the UK and any costs associated
with applying for British citizenship and taking the test will fall to the individual and not to the public
purse. Details about the test can be found at http://www.lifeintheuktest.gov.uk/. Information about
how to apply for Citizenship from Cyprus can also be found on the AFF F&C web page (see Para
24).
19.
Reference D states that dependants of serving F&C citizens can apply for ILE the UK from
an overseas assignment. The serving F&C citizen must have completed at least 5 years service
and have been in a relationship akin to marriage for at least 2 years at the time of application.
UKBA guidance is currently being updated and changes will be clarified as they come into effect.
20.
Serving F&C citizens who have not sought British citizenship and their dependants have
not been granted ILE or Indefinite Leave to Remain (ILR) in their own right, may apply for ILR or
ILE on discharge so long as they have served at least 4 years prior to discharge. Applications can
be made up to 10 weeks before discharge. Affected individuals will not be required to take the
“Life in the UK” test but any costs associated with applying for ILR/ILE will fall to the individual and
not the public purse.
F&C CHILDREN BORN IN THE SBA
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21.
Reference E details the requirements for children of F&C citizens, who were born outside
the UK whilst the serving parent was on an overseas assignment and are under the age of 18
when applying for British citizenship and if successful, a British passport.
22.
All births, whether they take place in the SBA or the RoC, are to be registered. The Unit
Admin office has copies of the registration form and once completed by the parent, the form is to
be sent to the Registrar (HQ BFC SO2 J1 Disc), who will in turn produce a Birth Certificate. A
child's passport cannot be applied for until a Birth Certificate has been obtained.
EQUALITY AND DIVERSITY3
23.
The Army’s approach to Equality and Diversity is endorsed by CGS and contributes to the
generation of properly trained and motivated forces. The Army (read 'Armed Forces') face
increasingly complex challenges worldwide, particularly in operations other than war. The ability to
draw on the broadest range of skills and experience assists in meeting the challenge of dealing
with people of different cultures, traditions and language. The United Kingdom, Commonwealth
countries and the Overseas Territories, from which we recruit, are diverse and culturally rich
societies. To continue to enjoy their support, the Army must be able to demonstrate that everyone
joining, or already serving in the Army, will be treated fairly and given the opportunity to make the
most of the talents that they possess.
24.
Units are to ensure that unit level Equality and Diversity training is applied equally to nonBritish soldiers and that their complaints are handled in accordance with current instructions.
Points of Contact and External Agencies.
25.
Annex A to Reference A provides useful information and points of contact in respect of F&C
citizens serving in the Armed Forces. In addition, AFF Cyprus is available to advise on such
matters, through the AFF F&C Specialist at the website detailed below:
http://www.aff.org.uk/foreign_commonwealth/index.htm
26.
In addition, further information can be obtained at the following links:
Defence ArmyNet:
http://defenceintranet.diiweb.r.mil.uk/DefenceIntranet/Teams/BrowseTeamCategories/Orgb
ased/Army/ForeignAndCommonwealthCitizensPs4aDpsa.htm
UKBA website:
http://www.ukba.homeoffice.gov.uk/
BHC Cyprus:
http://ukincyprus.fco.gov.uk
Regional Passport Processing Centre Madrid:
http://ukinspain.fco.gov.uk/en/help-for-british-nationals/passports/cyprus/
Army F&C Website:
http://www.army.mod.uk/welfare-support/family/6195.aspx
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Extract taken from Reference A, Para 17, which although an Army document is to be read for all 3 Services.
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J1 CASEWORK
27.
Complex J1 cases relating to F&C personnel and/or their dependants are to be staffed, via
the UWO and RAO/UAO/OC PSF, to J1 Branch in HQ BFC.
POC
28.
The HQ BFC J1 POC for all F&C issues is Flt Lt Hammond on Ext 3136 or by email at
BFC-HQ J1 SO3 PERS WEL.
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