Written question asked by Nick Clegg (Liberal Democrat) on Tuesday, 5 June 2007, in the House of Commons. It was due for an answer on Thursday, 7 June 2007. It was answered by Lord Reid of Cardowan (Labour) on Monday, 25 June 2007 on behalf of the Home Office.

Entry Clearances

Question: (2) under what criteria non-UK nationals can legally (a) reside and (b) work in the UK;

Answer: The rules applying to applications for indefinite leave to enter or remain in the United Kingdom by foreign and Commonwealth nationals discharged from HM Forces and by former Gurkhas who completed their service on or after 1 July 1997 are set out in paragraphs 276E to 276Q of the Immigration Rules. They include the requirement for a minimum of four years’ service to have been completed prior to discharge. I would refer the hon. Member to the relevant policy contained on the Border and Immigration Agency website at:"http://www.ind.homeoffice.gov.uk/lawandpolicy/immigrationrules/part7"Discretion may be exercised for former members of HM Forces discharged from service before 1 July 1997 or discharged more than two years prior to the date of application where there are strong reasons why settlement in the UK is appropriate. In such cases there is the same requirement for a minimum of four years’ service to have been completed prior to discharge. The relevant guidance is contained in Chapter 15, Section 2A of the Immigration Directorate Instructions at:"http://www.ind.homeoffice.gov.uk/documents/idischapter15/"

Secondary information