Article 13A Partners and children of members of HM ForcesF1

(1)

Any period of time spent by a person to whom this article applies accompanying their partner, or, as the case may be, parent, who is posted outside the United Kingdom F2and Islands as a member of Her Majesty’s Forces does not count towards the period mentioned in article 13(4)(a).

(2)

This article applies to a person who has leave—

(a)

as the partner or child of a member of HM Forces under Appendix Armed Forces to the immigration rules (“Appendix Armed Forces”);

(b)

as the spouse, civil partner, unmarried or same-sex partner, or child of a member of HM Forces under Part 7 of the immigration rules; or

(c)

as the spouse, civil partner, unmarried or same-sex partner, or child of a British citizen or person who is settled in the United Kingdom under Part 8 of the immigration rules where that British Citizen or, as the case may be, settled person, is a member of Her Majesty’s Forces.

(3)

In paragraph (1)—

(a)

the reference to a person’s “partner” means—

(i)

in relation to a person falling within paragraph (2)(a), the partner in respect of whom they have leave under Appendix Armed Forces and,

(ii)

in relation to a person falling within paragraph (2)(b) or (2)(c), the spouse, civil partner, unmarried or same sex partner in respect of whom they have leave under Part 7 or, as the case may be, Part 8, of the immigration rules; and

(b)

the reference to a person’s “parent” means the parent in respect of whom they have leave under Appendix Armed Forces, or, as the case may be, Part 7 or Part 8 of the immigration rules.

F3(4)

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Annotations

Textual amendments

F1: Art. 13A inserted (18.3.2015) by The Immigration (Leave to Enter and Remain) (Amendment) Order 2015 (S.I. 2015/434), arts. 1(1), 2(5)
F2: Words in art. 13A(1) inserted (30.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 (S.I. 2019/686), arts. 1(3), 8(4)(a)
F3: Art. 13A(4) omitted (30.3.2019) by virtue of The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 (S.I. 2019/686), arts. 1(3), 8(4)(b)