Gurkhas: discretionary settlement criteria
In May 2009, the Home Secretary announced to Parliament that any former Gurkha with more than 4 years continuous service who had been discharged from the Brigade of Gurkhas prior to 1 July 1997 would be eligible for settlement in the UK. The original arrangements initially only applied to the former Gurkha, their partner and their children aged under 18. The discretionary arrangements were subsequently widened to include widows of former Gurkhas as well.
The Home Office reviewed the 2009 policy in 2014 to 15, taking into account case law and evidence provided to the All Party Parliamentary Group on Gurkha Welfare. As a result of this review, the 2009 discretionary arrangements were adjusted on 05 Jan 2015 to allow adult children of former Gurkhas to be granted settlement in certain limited circumstances.
Gurkhas: Adult Children: Eligibility
In order for settlement to be issued to the adult child of a former Gurkha under this policy, a valid application for entry clearance must be made in accordance with paragraphs 24 to 30 of the Immigration Rules and the applicant must meet the following conditions:
• The former Gurkha parent has been, or is in the process of being granted settlement under the 2009 discretionary arrangements or was granted leave under the 2004 Immigration Rules where the requirement to have been discharged on or after 1 July 1997 had been waived
• The applicant is the son or daughter of the former Gurkha
• The applicant is outside the UK • the applicant is between 18 and 30 years of age (including applicants who are 30 on the date of application)
• The applicant was under 18 years of age at the time of the former Gurkha’s discharge
• The applicant is financially and emotionally dependent on the former Gurkha
• The Secretary of State is satisfied that an application for settlement by the former Gurkha would have been made before 2009 had the option to do so been available
• The applicant has not been living apart from the former Gurkha for more than 2 years on the date of application, and has never lived apart from the sponsor for more than 2 years at a time, unless this was by reason of education or something similar (such that the family unit was maintained, albeit the applicant lived away)
• The applicant has not formed an independent family unit
• The applicant does not fall to be refused on grounds of suitability under paragraph 8 or 9 of Appendix Armed Forces or those provisions of part 9 of the Immigration Rules (general grounds for refusal) that apply in respect of applications made under Appendix Armed Forces of the Immigration Rules
An adult child is defined as the son or daughter aged 18 or over of a Gurkha who was discharged from service prior to 1 July 1997. Gurkha A Gurkha is a citizen or national of Nepal who served in the Brigade of Gurkhas of the British Army under Brigade of Gurkhas’ terms and conditions of service.
Kindred roll refers to British Army records.
Not leading an independent life
This means that the applicant does not have a partner as defined in Appendix FM. The applicant must be:
• living with their parents (except where they are at boarding school, college or university as part of their full-time education)
• not be in full - time employment (unless aged 18 years or over)
• wholly or mainly dependent upon their parents for financial support (unless aged 18 years or over)
• wholly or mainly dependent upon their parents for emotional support Where a relative, other than a parent may act as the sponsor of the applicant, references in this definition to ‘parents’ shall be read as applying to that other relative.
For the purpose of this guidance a widow is the first wife listed on the kindred roll. Where there is proof that the first widow permanently waives her right to settlement an application may be accepted from the next widow in turn according to the date in which they were married – verified by British Army records.