Gurkhas: Q&A

The Guardian
April 24

Background to the campaign to give Gurkha veterans who left army before 1997 automatic right to settle in UK

Who are the Gurkhas?

The Brigade of Gurkhas are Nepalese soldiers who have been recruited to the British army since a peace treaty between the two countries was signed in 1815.

They have fought as British soldiers in two world wars and many other conflicts including those in the Falklands, Sierra Leone, Iraq and Afghanistan.

They were described by a high court judge in 2003 as having "established a reputation as frontline troops which is second to none".

Do Gurkhas have the same rights as other foreign soldiers?

Since 1980, the Home Office has allowed foreign soldiers to settle in the UK in most circumstances, but Gurkhas have been excluded.

Home secretaries have said the terms of their service were different in order to maintain their links to Nepal.

While they were in active service, Gurkhas could enter and remain in the UK but, once finished, they were discharged to Nepal and not allowed to settle in Britain.

Is this still the case?

The government has become increasingly aware of public concern about the treatment of Gurkhas.

In 2003, the then prime minister and home secretary, Tony Blair and David Blunkett, delivered statements acknowledging that "the men of the Gurkha brigade have shown unquestioning loyalty to the Queen and people of the United Kingdom".

In 2004, the Home Office changed its policy and said Gurkhas who had been discharged from the army after 1997 could apply for indefinite leave to remain in the same way as other foreign soldiers.

What changed in 1997?

Until then, the Brigade of Gurkhas was based in Hong Kong.

After the handover of Hong Kong to China that year, the brigade relocated to the UK.

Gurkhas discharged before 1997 would not have been based in the UK, whereas Gurkhas discharged after that point were, so the year became the cutoff point.

What about Gurkhas discharged before 1997?

Hong Kong-based Gurkhas discharged before the handover were only likely to be granted settlement if they had served in the UK for at least three years.

Many Gurkhas had served in the army for long periods in other parts of the world, but had not spent three consecutive years in the UK.

The Home Office had the discretion to allow these Gurkhas to settle if they had children being educated in the UK, or had a chronic, long-term medical condition where treatment would significantly improve their quality of life.

The Gurkhas in court today claim this policy has very rarely been used in their favour and that even those with substantial and threatening medical conditions have not been granted settlement.

Why did the Home Office stand its ground?

Two reasons were given for the government's stance.

Firstly, as the pre-1997 Gurkhas were discharged to Nepal, they were seeking permission to enter, rather than remain in, the UK, putting them on a different footing to other foreign soldiers.

Secondly, the fact they were based in Hong Kong rather than the UK meant they had not developed the same "close ties" with Britain as other foreign soldiers who were based in the UK.

What did the pre-1997 Gurkhas argue?

They said their treatment was discriminatory and a violation of the human rights and race relations acts because they were being treated differently to other foreign soldiers and to other Gurkhas who were discharged after 1997.

They argued that the home secretary behaved irrationally by making three years service at British barracks – as opposed to service abroad, including in conflict zones – the criterion.

The current policy, which does not apply to pre-1997 Gurkhas, does allow foreign soldiers to count time spent serving abroad towards their application for UK citizenship.

The Gurkhas argue that their long and distinguished record of service for the British army, heavy losses in conflict zones and dedication to the UK should be given more weight than the amount of time they actually spent on UK soil.

What are the implications of the case?

If the policy is changed, it is estimated that between 7,000 and 10,000 Gurkhas may settle in Britain.