SECTION 5 - HQ BFGCALL FORWARD PROCEDURE
FOR NON-EEA CITIZENS
(Sponsored by HQ BFG G1 CS)
ADDITIONAL BFG OFFICIAL TRAVEL REQUIREMENTS FOR NON- EUROPEAN ECONOMIC AREA (EEA) CITIZENS
References
A.Article 1.1(c) of the NATO Status of Forces Agreement of 19 June 1951 (SOFA).
B.Article 2 (2(a)) of the Supplementary Agreement of 3 August 1959 to SOFA (SA).
C.JSP 752 Tri Service Regulations for Allowances.
D.JSP 800 Defence Movements and Transport Regulations -Volume 2 Passenger Travel Instructions
E.British Army Guide to Supporting Foreign and Commonwealth Citizens and Their
Families – Edition 6
General
5.001 Scope. HQ British Forces Germany (BFG), G1 Branch, is the authority for the assessment and granting of applications for status under Art I of SOFA (SOFA status[1])for all Non-European Economic Area (EEA) members of the British Armed Forces, the Civilian Component and theirDependants[2]. This responsibility:
a.ensures that the UK’s obligations under SOFA and the Supplementary Agreement to SOFA for Germany are fulfilled;
b. protects the relationship between the Host Nation (Germany) and the British Armed Forces;
c.protects HQ BFG’s reputation and prevents unnecessary detrimental impact on resources; and
d.enables eligible Non-EEA members of the British Armed Forces, the Civilian Component and their Dependants to travel to and from BFG on official journeys in accordance with SOFA.
5.002Call Forward. Call Forward is the term given to the process under which permission is granted to the Non-EEA Dependant(s) of a member of the British Armed Forces or the Civilian Component to travel to Germany, and then obtain SOFA status.
5.003 Entry via the UK. When considering a Non-EEA Dependant’s application for SOFA status, HQ BFG must be satisfied that anindividual has demonstrated their ability to legally enter the UK from their country of origin or residence. During this process, United Kingdom Visas and Immigration (UKVI) provide assurances regardingan individual’s identity and immigration historyandmitigatesthe risk of an individual arrivingin Germany and then being unable to enterthe UKat a later date. Therefore, every Non-EEA Dependant(except Fijians travelling directly from Fiji) must enter BFG via the UK.
5.004 HQBFG Call ForwardProcedure. Thisprocesswas introduced to ensure that the movement of Non-EEA Dependants from their Countries of Origin (or country of residence at the time of application - e.g. UK), takes place in a manner that enablesthem to satisfy HQ BFG of their ability to enter the UK legally and to subsequently make applications for SOFA status on their arrival in Germany.
5.005 Notifying Intention to Travel. All members of the British Armed Forces or the Civilian Component wishing to Call Forward their Dependants to Germanyare toengage this process by notifying their local Chain of Command e.g. the Unit Welfare Officer.
Status of Non-EEA Passport Holders – SOFA Certificates & Dependant Status
5.006SOFA Status requirement. As part of the enlistment process, all Non-EEA soldiers must have a UKVI ‘Exempt UK Immigration Controls’ vignette inserted into their passports. On arrival in BFG,allNon-EEA soldiers, civilians and their Dependants are also required to apply for a SOFA Status Certificate by completing Annex A of Section 6tothis SIBFG–see Non-EEA Personnel (inc. Soldiers and Dependants) below. A valid permanent SOFA Status Certificate identifies the holder as a member of the BFG Community and, as it is recognised by the Germanborder control authorities, facilitates movement in and out of Germany.Note: Schengen visas are for visiting purposes only and are not appropriate for entering Germany in order to reside.
5.007Definition of a Dependant. At Reference A, the term “Dependant” is defined as being “the spouseof a member of a force or acivilian component, or a child of such member depending on him or her for support”. (Note: it is BFG policy to treat civil partners in the same way as spouses; the term “head of household” is used in this document to refer to members of the force and civilian component.)In Germany, the definition is extended by Reference B, to include “a close relative of a member of a force or of a civilian component… who is financially, or for reasons of health, dependent on, and is supported by, such member, who shares the quarters occupied by such member and who is present in the Federal territory with the consent of the authorities of the force”.
5.008 Entitlement to Dependant Status. In order to regulate and control entitlement to Dependant Status within BFG, and to assure compliance with MOD regulations, the definitions contained in Reference C are to be read in conjunction with References A and B and throughout this Annex. Therefore:
a.Immediate Family defined in Ref C paragraph 01.0230.
b.Close Familyis defined in Ref C paragraph 01.0212.
c.Childis defined in Ref C paragraph 01.0208.
d.Child of the Family. Ref C paragraph 01.0208 provides the MOD’s definition of ‘child’, which also defines a category of child as ‘child of the family’. A child under this category of a Serviceperson may only be granted Dependant Status if prior authority is granted by SPVA PACCC to include the child as a member of the immediate family. Members of the Civilian Component are to submit a case to the HQ BFG Dependant Status Review Panel (DSRP) withdocumentary evidence that the child has been brought up in the household prior to taking up their BFG appointment/employment.
5.009Identification of Dependant Status in BFG. All Non-EEA Dependants who obtain SOFA status will be issued with a Dependant Status Civilian Identity Card.
5.010Non-EEA Personnel (inc. Soldiers and Dependants). All military personnel and civilians who travel on a passport issued by a Non-EEA country are required to have a SOFA Status Certificate affixed into their passports[3]. This facilitates movement in and out of Germanywithout requiring further visas; however, it does not exempt the holder from immigration control when entering France, Belgium, HollandorLuxembourg.
The HQ BFG Call Forward Process
5.011The HQ BFG Call Forward Processhas beenintroduced to facilitate the movement of Non-EEA Dependants from their Countries of Origin or country of residence at the time of application (e.g. UK to BFG) and to also minimise the risk to the Dependant and the Command of an individual not being able to accompany their SP back to the UK at the end of their assignment.
5.012 Notification/Engaging the Call Forward Process. Before consideration can be given to a Non-EEA Dependant’s application for SOFA status, the Chain of Command, (e.g. the Unit Welfare officer (UWO)), is to be notified/engaged by the Serving Person of a Dependant’s intent to come to BFG so that the correct procedure can be initiated and followed. In each case, however, allNon-EEA Dependants wishing to be Called Forward to BFG must:
- already be in possession of a valid UKLeave To Enter (LTE) or Leave To Remain (LTR) visa for the purposes of acquiring settlement in the UK[4]
- obtain a UK LTE visa for the purposes of acquiring settlement in the UK by making an application at personal expense in their country of residence
Note: UK visit visas, Schengen visas, Family Reunion visas and EEA Family Permits are not acceptable for call forward purposes. Queries relating to visas are to be directed to HQ BFG.
5.013 The Call Forward Process has been divided into sub-sections to encompassthe most commonly occurring casework. Any scenario falling outside the scope of these procedures is to be referred to the HQ BFG Non-EEA Caseworker for further guidance.
SUB-SECTION 1
HQ BFG CALL FORWARD PROCEDUREFOR NON- EEA DEPENDANTS (EXCLUDING FIJIAN NATIONALS[5])WISHING TO ENTER BFG
(To be read in conjunction with the flowchart at Annex A)
5.014Aim of the HQ BFG Call Forward Procedure. This procedure is designed to ensure that all Non-EEA Dependants are in possession of a UK Leave To Enter, or Leave To Remain visa for the purposes of acquiring settlement in the UKprior to their arrival in BFG (see Annex E for guidance on how to apply) and, therefore, be in a position to enter the UK at the end of the SP’s assignment in Germany. Such a procedure is also necessary to fulfil the UK’s obligations under the Supplementary Agreement to Status of Forces Agreement (SOFA), as the German authorities reasonable expectation is that only those who have a right to live and work in the UK will be given SOFA status in Germany. This HQ will therefore only grant temporary SOFA Status (see para 5.061) to those who are able to demonstrate that they can obtain a valid Leave To Enter visa for settlement purposes, or already be in possession of a valid Leave to Remainvisa (and not a visit visa) prior to their arrival in BFG. On arrival, Dependants will then be able to apply for Permanent SOFA Status for the duration of their tour.
Note – this procedure does not guarantee in any way that a UK visa will be issued. The issuing of such visas is entirely a matter for UKVI, and HQ BFG has no control over the process or the ultimate decision of UKVI.
5.015Notifyingthe local Chain of Command. Any member of the British Armed Forces or the Civilian Component (the Service Person (SP)) wishing for a Non-EEA Dependant to join them in BFG must notify the Unit Designated Officer [6](UDO) of their intent so that the Call Forward Process can be initiated, monitored and adhered to.
5.016Notifyingthe HQ BFG Non-EEA Caseworker. All UDOs are to notify the Non-EEA Caseworker before the call forward process is initiated so that visa applicants can be made aware of the prevailing UK immigration regulations (e.g. the minimum income threshold and English language requirements[7]) before engaging in this procedure.
5.017Entering BFG via the UK. Non-EEA Dependants (except Fijian nationals)[8]must first of all enter the UK and then be called forward into BFG via this process.
5.018 Failure to Enter BFG via the UK. Failure to enterBFGwithout first transiting the UKwith the intention of residingas a member of the BFG Community, may lead to SOFA status being refused and the matter being referred to Germanborder authoritiesand a subsequent repatriation to Country of Origin at own expense.
5.019UKVisa Requirement. Following consultation with the UK Home Office and MOD, it is agreed that in accordance with Appendix Armed Forces to the Immigration Rules,all Non-EEA Dependants wishing to be called forward to BFG are to be in possession of eithera valid UK Leave to Enter or valid Leave to Remain visafor the purposes of acquiring settlement in the UK. Note: UK visit visas, Schengen visas, Family Reunion visas and EEA Family Permits are not acceptable for call forward purposes. Queries relating to visas are to be directed to HQ BFG.
5.020Document Check to Verify a Relationship. When approached, the UDOis to conduct a document check in order to reasonably verify that the relationship between SP and the Dependant exists(i.e. that names and dates of birth correspond). The UDO is to check and retain photocopies of the following documents and subsequently managed in accordance with current MOD data protection regulations:
a.Original Birth Certificate of Dependant.
b.Original Marriage/Civil Partnership Certificate.
c.Legible photocopies of the Dependant’s passport photo page.
d.Legible photocopies of any current, spent and refusals for UKvisas.
5.021 Certifying Documentation. Copies of documents should be annotated as “true copies of the original documents” and then signed and dated by the UDO.
5.022Documentation Queries. Concerns regarding the authenticity of documentation should be referred to the HQ BFG Non-EEA Caseworker.
5.023Failure to Produce the Required Documentation. The UDO is not to provide a Letter of Intent (see para 5.026) where the required documentation cannot be produced.
5.024Disabilities and Additional Needs. The UDO is to query whether theDependantbeing called forward has a disability or additional need. If so, reference is to be made to AGAI Vol 3 Chap 108[9] for further guidance.
5.025Permission to Proceed. The UDO is to forward photocopies of current and spent visas and correspondence relating to refusals to the HQ BFG Non-EEA Caseworker for verification. Permission to proceed further will then be confirmed by email. UDOs are not to proceed without prior permission.
5.026Unit Letter of Intent. Oncepermission to proceed has been granted, the UDO is toprovide the SP with a unit headed Letter of Intent (template at Annex C)This may then be forwarded to the Dependant for submission with their UK Visa application to their local British Embassy, High Commission or Consulate in order to explain the intent of their visa application.Note – A Unit Letter of Intent is not a supporting document and does not guarantee in any way that UKVI will issue a visa.
5.027Temporary Address in the UK. Dependants engaged in the Call Forward Procedure will be required to provide a UK address where they will temporarily reside on arrival in the UK and to where theirTemporary SOFA Status Certificate (TSSC) will be sent by Families Section, Abbey Wood(see para 5.035).This address must be included in the Unit Letter of Intent. Dependants who do not have family or friends in the UK may wish to consider staying at the Service Cotswold Centres in Corsham. In this instance, the UDO is to liaise with SCC before inserting its address in the Unit Letter of Intent.
5.028UK Accommodation Costs. All UK accommodation costs are the responsibility of the individuals involved.
5.029UK Visa Application and Costs. The responsibility for satisfying UKVI entry requirements (see for more information)lies solely with the applicant.All costs incurred in obtaining a visa for this purpose are the responsibility of the individuals involved.Application fees may not be refunded if the application is refused (see Annex E for further guidance).
Note –As the issuing of visas is entirely a matter for UKVI, and as HQ BFG has no control over the visa application process or UKVI’s ultimate decision,Serving Persons and Dependants are to be aware that visa application fees are at personal risk of being lost where the entry criteria cannot be satisfied and a visa is refused.
5.030Refusal of a UK Visa. If the application is unsuccessful, UKVI will issue a Refusal Document to the applicant detailing the reason for refusal. The Dependant may be able to appeal the decision directly with UKVI in accordance with the procedure laid down in the Refusal Document.However, HQ BFG cannot assist in the appeals process. At this point the call forward procedure cannot progress any further.
5.031Approval of a UK Visa. Once in possession of a visa, the Dependant is to send electronically scanned copies of the photograph page of their passport and visa to the SP who is to then forward them to the UDO.
5.032 Liaison with the HQ BFG Non-EEA Caseworker.The UDO is to send copies of the passport page and visa to the HQ BFG Non-EEA Caseworker for verification purposes. The Non-EEA Caseworker will then email the UDO and grant permission to proceed. The UDO is not to proceed until confirmation in the form of an email has been received.
5.033Flights to the UK. Once the Dependant has obtained a visa, flights into the UK may be reserved. All costs for flights that are reserved in anticipation of obtaining a UK visa are considered to be at own risk.
5.034Call Forward. Once confirmation has been obtained that flights to the UK are in place, the call forward from the UK is finalised by the unit[10] completing Form F564e and submitting it by email to the Families Section at Abbeywood[11]This must be done at least 20 working days prior to the requested date of travel.
5.035Temporary SOFA Status Certificate (TSSC). A TSSCis only recognised by German border officials and allows called forward Dependants to enterGermany. These are valid for 3 months from the date of issue; no other visa is required. On receipt of form F564e, Families Section (FS) will despatch a ‘Family Pack’ to the applicants requesting that Annex C (‘Willingness to Reside’) is completed and returned. On receipt of this, the FS may liaise with the HQ BFG Non-EEA Caseworker to determine if Temporary SOFA Status has been granted. If so, FSwill despatch a TSSC for each Dependant to the temporary UK address; this document must be kept with the passport.
5.036Flights from the UK to BFG. As TSSCs are only recognised by German border officials, travel from the UK to Germany must be direct by air. On receipt of the F564e, the FS will reserve seats on the relevant Germany Air Trooping Service (GATS) flight to Germany at public expense[12].
5.037Travel by Air from the UK to BFG. AsTemporary and Permanent SOFA Certificatesonly allow movement in and out of Germany, on initial assignment to BFG, Non-EEA family members are to travel from the UK to Germanyby air. Travel over land via the use of Schengen Visas is inappropriateon initial assignment to BFG. Schengen Visas are visitor visas and do not allow individuals to enter the Schengen Area and then remain there to reside. NATO Travel Orders are only appropriate for SP.
5.038Permanent SOFA Status Certificate. TSSCs are to be replaced by a Permanent SOFA Status Certificate on immediate arrival in BFG. Dependants are tosubmit applications to HQ BFG G1 Cas/Comp[13]. If approved, aPermanent SOFAStatus Certificate will be affixed to the applicant’s passport and may then be used to exit and re-enter Germany whilst assigned to BFG. Units are responsible for ensuring thatallNon-EEA soldiers and their Dependants apply for a Permanent SOFA Status Certificate and replace them on expiry.
5.039Appeals Relating to the Refusal of SOFA and Dependant Status. Appeals relating to the refusal of SOFA and/or Dependant status are to be submitted to HQ BFG G1 PS for review by the HQ BFG Dependant Status Review Panel (DSRP)[14]. All appeals relating to the refusal of UK entry visas are to be directed to UKVI.