Saturday, April 25, 2009

Britain: Gurkhas In British Forces Entitled To Settle In UK

Britain: Gurkhas In British Forces Entitled To Settle In UK
(NSI News Source Info) April 25, 2009: Up to 10,000 more Gurkhas and their dependents will be entitled to settle in the UK the Government has announced yesterday, Friday 24 April 2009. Gurkha soldiers of 22 Signal Regiment parade at Beacon Barracks, Stafford (Archive picture) [Picture: 5 Div Media Ops] This is in addition to the 6,000 Gurkhas and their dependents who have already been welcomed to the country. The increased numbers are a result of revised guidance on the rights to settle in the UK by Gurkhas who have left the British Army, and their dependents, issued by the Home Office today. The Minister of State for Borders and Immigration Phil Woolas said today: "We estimate that this guidance will mean that over 4,000 ex-Gurkhas and around 6,000 spouses and children will qualify for settlement rights in the UK. "We will be proud to welcome those individuals to the UK in recognition of the outstanding service that they gave. We will work with the Ministry of Defence to ensure that those who might be eligible in Nepal are fully aware of these changes and of the opportunity for settlement. "The Government both recognises and honours the huge contribution that the Brigade of Gurkhas has made, and continues to make, to the Armed Forces." General Sir Richard Dannatt, Chief of the General Staff, said: Rifleman Awash Limbu, 6 Platoon, 2nd Battalion The Royal Gurkha Rifles, requests an ammunition resupply for his light machine gun during Operation Mar Nonu (Archive picture)[Picture: Log (SC) Hammond] "The Army welcomes this announcement, which further underlines our extensive and ongoing commitment to the welfare of former Gurkhas whether in Nepal or the UK. "Generations of Gurkhas have served the UK with great courage, sacrifice and distinction and the Brigade of Gurkhas continues to make a vital and valued contribution to our operations around the world." In summary, the new guidance, available in full on the UK Border Agency website, means Gurkhas and their families will be able to come to the UK to settle where they meet one of the following criteria: *Three years' continuous lawful residence in the UK during or after service; *Close family settled in the UK with whom they enjoy family life within the meaning of Article 8 of the European Convention on Human Rights; *A Level 1-3 Award for gallantry, leadership or bravery for service in the Brigade; *20 or more years' service in the Brigade; *A chronic/long term medical condition which is attributable to, or was aggravated by, service in the Brigade. Additionally, discretion will normally be exercised and settlement in the UK granted if two or more of the following criteria are met: Claimants were previously awarded a UK Ministry of Defence disability pension but no longer have a chronic/long term medical condition attributable to, or aggravated by, service in the Brigade; Claimants received a Mention in Dispatches (Level 4 Award) for service in the Brigade; Claimants completed ten years' service in the Brigade or served less than ten years but received a campaign medal for active service in the Brigade. Gurkha soldiers performing the Kasam Khane ceremony (Archive picture) [Picture: Graham Harrison] The right of Gurkhas to settle in the United Kingdom was given in 2004 to those who had been discharged from the British Army on or after 1 July 1997. This was the date of the handover of Hong Kong from Britain to China and the point at which the Brigade of Gurkhas moved from Hong Kong to the United Kingdom. Guidance was issued to Immigration caseworkers on how to consider applications from Gurkhas who had been discharged before 1 July 1997. In September 2008 the High Court ruled that the policy of using 1 July 1997 as a cut-off date was fair but also found that the guidance used by caseworkers when making decisions on those discharged before 1997 needed to be much clearer in setting out the factors which were to be given weight in assessing which individuals should be offered settlement in the UK. The Government fully accepted this judgement and the revised guidance has been issued today as a result. In line with commitments to the High Court, Mr Woolas said that the Government will now reconsider all outstanding appeals by 11 June 2009. The Gurkhas are fiercely proud soldiers whose motto is 'Better to Die than Be a Coward'. They have fought as part of the British Armed Forces for almost two hundred years, taking part in every conflict side by side with their British and Commonwealth colleagues.

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