What a Difference a Year Makes. . . or does it?

Behind an undistinguished street door not far from Buckingham Palace a small group of dedicated case workers and expert volunteers have given hope to Foreign & Commonwealth veterans from all over the world after they’ve received bad (or no) advice, been baffled by bureaucracy, cut off from medical care, benefits, the right to work – or simply got lost in UK Border Agency’s backlog.

GLYN STRONG revisits the charity at the heart of the issue to see what has changed.

by Glyn Strong

One year ago, Dr Hugh Milroy, CEO of Veterans Aid, wrote an open letter to the Prime Minister via The Times Thundered column, protesting about the treatment of Foreign & Commonwealth soldiers. This sparked a David-v-Goliath standoff that resulted in the Home Office announcing that it would relax rules so that personnel with only minor disciplinary convictions could stay in Britain after leaving the services. It also promised to review the criteria for granting settlement rights. The charity’s 82-year history of dealing with homelessness, alcoholism, drug addiction and other issues affecting veterans has seen an increase in the number of Commonwealth personnel seeking legal advice about immigration. This has put pressure on the charity’s resources and realigned its focus. 

Veterans Aid has welcomed MP Jonathan Lord’s Private Members Bill – Citizenship (Armed Forces) 2013-14 – which seeks to amend the British Nationality Act of 1981 so that Foreign & Commonwealth citizens in the forces who want to apply for naturalization as British citizens are not disadvantaged because of time served overseas. Immigration Minister Mark Harper quoted Milroy’s words during its debate. However, a visit to Veterans Aid reveals that last year’s publicity has given more of those likely to encounter problems the courage to seek its help. Outreach worker Debbie Langdon deals directly with the Border Agency on behalf of all who qualify for the charity’s help. 

The latest case is that of a former Royal Engineer from Nigeria who left the Army in September and was medically discharged. With VA’s help the family were moved to a hotel, paid for by the charity. On the anniversary of Milroy’s open letter, it is clear that while some progress has been made, the issues faced by veterans remain complex and require further attention.

Shervon Louis case has been resolved after a lengthy battle. The 28-year-old St Lucian was medically discharged from 3rd Battalion The Yorkshire Regiment with the cold weather injury NFCI, just shy of the qualifying period that would give him the right to apply for ILR (Indefinite Leave to Remain). Louis was forced to sell his car, move in with relatives and live off his pension from the Army, amounting to £67.66 per week, while he waited for his application to be processed. 

After six months, he sought help from Veterans Aid and Langdon intervened. After two months of biometric tests, Louis was finally granted the right to reside and work in the UK. Langdon and her colleagues have worked hard to build a relationship with Border Agency staff, which has led to progress in similar cases. Louis is now feeling much better and is grateful for the help he received.

Immigration Minister, Mark Harper said:

“The Home Office greatly values its working relationship with Veteran’s Aid, the Families Federations and other excellent charities supporting the Armed Forces community. It’s important when developing policy that we have a good understanding of how it will impact the people it affects. Armed Forces organizations work as our eyes and ears on the ground pinpointing where policies don’t work for Foreign and Commonwealth troops and giving us feedback on Home Office issues affecting members of the Armed Forces.

“The Armed Forces Community makes a huge contribution to this country and they deserve our respect, support and fair treatment.”

The landscape of settlement and nationality for foreign and Commonwealth soldiers in the British Armed Forces has changed considerably since last year, with the introduction of a five-year residency qualification for Commonwealth recruits. This rule does not apply to Gurkhas, those from the Republic of Ireland, Malta or Gibraltar. 

Despite the clarity, legacy issues remain, with many High Street solicitors unfamiliar with the intricacies of the situation. Veterans Aid has been providing advice and support to those affected, and Alan Olson, a volunteer with the organization, has been working in the immigration sector for thirteen years. He has seen first-hand the difficulties faced by those serving in the British Army, particularly with the introduction of the ‘Knowledge of Language and Life in the UK for Settlement and Naturalization test. This test, which takes effect from this month, is exempt for members of HM Forces at settlement, but must be met if they choose to naturalize as a British Citizen. 

The Home Office estimates that only around 200 people at any point in time will be affected by the Citizenship Bill, however Veterans Aid receives calls from at least two new people every week, with many of them still serving. The process of application is complex, and many are left without guidance or misled, leading to them disappearing below the radar. The charity has built up a strong rapport with the UKBA, and the volunteers have nothing but praise for their work. Despite this, many are still facing financial hardship and confusion over the changing rules. It is clear that there is still a long way to go for those grappling with the situation.

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