Members of the armed forces and civil servants

Where an individual is absent from the UK in the course of their employment as:

• a member of the UK armed forces;
• a civil servant; or
• a family member of one of these individuals

they are treated as though they continue to meet the residence and presence conditions. This is when their absence from the UK is solely due to their work as a member of the armed forces or as a civil servant.

A serving member of the UK armed forces can be any individual who is a member of a regular or reserve force as defined in the Armed Forces Act 2006:

A ‘civil servant’ means a person employed in the civil service of the state. Essentially this means individuals working for governments or their agencies.  

Someone is a family member of a member of the armed forces or a civil servant where they are that individual’s:  

• spouse;
• civil partner;
• son;
• daughter;
• step-son;
• step-daughter;
• father;
• father-in-law;
• step-father;
• mother;
• mother-in-law;
• step-mother; or
• a child in the care of that individual

References to ‘step’ relationships or ‘in-laws’ are to be read as including situations where that relationship arises through civil partnership or marriage. References to spouse or civil partner apply regardless of the individuals’ sex. 

Individuals who fall within these groups are treated as meeting each of the relevant residence and presence criteria. This is for the duration of any work-related absence caused by their employment or the employment of their family member. This means that ongoing CSP awards should continue to be paid for the duration of those absences. 

These provisions also have effect retrospectively from the time of application. This applies when an individual in these categories or their family member has returned to the UK from time abroad for work. That time spent abroad counts towards any periods of past presence required.

Mariners, aircraft workers and continental shelf workers

Mariners, aircraft workers, and continental shelf workers are treated as though they continue to meet the presence and past presence tests for the duration of any absence from the Common Travel Area caused by their job.

A mariner is an individual who is or has been in employment either: 

• as a master or member of the crew; or
• in any other capacity 

on board any ship or vessel. This is when the employment is for the purposes of that ship or vessel or her crew or any passengers or cargo or mails carried by the ship or vessel. The contract of employment must be entered into in the UK. It must be for work carried out while the ship or vessel is on her voyage. This can be wholly or partly.

An aircraft worker is essentially the same as a mariner but whose work takes place on aircraft rather than a ship or vessel. Similarly to mariners, the aircraft worker’s contract of employment must have been entered into in the UK.  

An individual is a continental shelf worker if they are:

• employed offshore in a specific geographic area 
• working on the exploration, exploitation, transport, storage or offloading of oil, gas or mineral resources 

The area prescribed in UK legislation  includes UK territorial waters in the parts of the North Sea, the North Atlantic, the Irish Sea and the English Channel.

Examples of armed forces and civil servants

David lives on a UK military base in Belize, where he is stationed as part of his job as a soldier. Before David was posted to Belize he lived in Edinburgh, where he attended school. David is: 

• a serving member of the forces
• treated as though he continues to meet the residence and presence conditions for the duration of his stay in Belize

Fiona has returned to the UK with her family after living for three years in UK military accommodation in Cyprus. She was posted there by the Royal Air Force. They are now living at their former home address in Lossiemouth. Fiona is a serving member of the forces and she satisfied the residence and presence conditions before moving abroad. Her absence from the UK was as a result of her employment. Therefore, Fiona satisfies CSP residence and presence conditions during the three years she spent living in Cyprus.