Written question asked by Jo Swinson (Liberal Democrat) on Tuesday, 5 May 2009, in the House of Commons. It was due for an answer on Thursday, 7 May 2009. It was answered by Phil Woolas (Labour) on Monday, 20 July 2009 on behalf of the Home Office.

Immigration: Gurkhas

Question: To ask the Secretary of State for the Home Department what (a) legal status and (b) residency rights Gurkhas who do not qualify to settle in the UK but who are not subject to immediate deportation have.

Answer: On 21 May 2009 the Home Secretary announced a revised policy for former members of the Brigade of Gurkhas who had been discharged prior to 1 July 1997. Under the terms of this policy any former Gurkha with more than four years' service who had been discharged from the Brigade of Gurkhas before 1 July 1997 would be eligible for settlement in the UK.All Gurkhas who meet the criteria and who wish to settle in the United Kingdom will be eligible to do so unless there are particular reasons for excluding an individual from settlement, for example criminality. We therefore cannot foresee circumstances in which ex Gurkhas in the UK do not meet the criteria but are not subject to immediate administrative removal or deportation. If this unlikely situation did arise the legal status and residency rights of the individual would be considered on a case by case basis.

Secondary information

Type: Written question
Reference: 496 c930W; 273542
Session: 2008-09
Related items: Written Questions: Government Responses
Tuesday, 21 July 2009
Written questions
House of Commons
Subjects: Immigration Gurkhas
Link: View this Written question on www.publications.parliament.uk