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Fury over Gurkha settlement plan
Campaigners have reacted with anger to new rules on the eligibility of
Gurkha veterans to live in the UK.
The Home Office said that new rules would allow about 4,300 more to
settle, but the Gurkha Justice Campaign said it would be just 100.
Actress Joanna Lumley, a campaigner for the Gurkhas, said the
announcement made her "ashamed of our administration"
Immigration Minister Phil Woolas denied he had betrayed the Gurkhas,
adding: "This improves the situation."
He said: "It has never been the case that all Gurkhas pre-1997 were to
be allowed to stay in the country. With their dependents you could be
looking at 100,000 people.
"It's simply not true that we have betrayed the Gurkhas. When people
read the guidelines they will see the sense of them."
'Truly appalling'
In September 2008, the High Court ruled that immigration rules denying
Gurkhas who retired before 1997 - about 36,000 - an automatic right to
stay in the UK were unlawful.
Peter Carroll, from the Gurkha Justice Campaign, said the fight to allow
them to stay in this country would continue with renewed vigour.
“ If they want Gurkha soldiers, they should treat them equally ”
Dhan Gurung Ex-Gurkha
He added: "The one group of people that has never let this country down
has been let down today in a manner which is truly appalling."
David Enwright, a solicitor representing the Gurkhas, said: "This
government, Mr Woolas, should hang their head in shame so low that their
forehead should touch their boots.
"This is a disgrace and a betrayal of our armed forces and our
veterans."
Dhan Gurung, the first ex-Gurkha to be elected as a councillor in the
UK, said the announcement was "insulting to loyal Gurkhas".
He added: "If they want Gurkha soldiers, they should treat them
equally."
But Prime Minister Gordon Brown insisted that the new rules were fair.
Mr Brown added: "There used to be a bar at 1997, but we've moved that
right back to make it possible for people to live in this country."
Gurkhas have been part of the Army for almost 200 years and are hand-
picked from a fiercely-contested recruitment contest in Nepal to win the
right to join.
They have seen combat all over the world, with 200,000 having fought in
the two world wars and 45,000 believed to have lost their lives fighting
for Britain.
SETTLEMENT CRITERIA
# Three years continuous residence in the UK during or after service
# Close family in the UK
# A bravery award of level one to three
# Service of 20 years or more in the Gurkha brigade
# Chronic or long-term medical condition caused or aggravated by service
Gurkhas who retired before 1997 must meet at least one of these
conditions
The regiment moved its main base from Hong Kong to the UK in 1997 and
the government had argued that Gurkhas discharged before that date were
unlikely to have strong residential ties with the UK.
That meant those who wanted to settle in the UK had to apply for British
residency and could be refused and deported.
Mr Woolas outlined the eligibility criteria in a written ministerial
statement. Gurkhas and their families will be allowed to stay in the UK
if they meet at least one of five requirements.
These are three years of continuous residence in the UK, close family in
the country, 20 or more years of service, a level one to three bravery
award, and a serious medical condition caused or aggravated by service.
Alternatively, veterans can gain residency if they meet at least two of
an additional set of three criteria.
These are having been awarded an MoD disability pension but no longer
having a chronic condition, having been mentioned in dispatches, and 10
years' service or a campaign medal.
But Ms Lumley, whose father served with the Gurkhas, said most Gurkhas
would not have been allowed to stay in the UK for three years or have
gained a bravery award.
ALTERNATIVE CRITERIA
# Awarded a UK MoD disability pension but no longer have a chronic
medical condition
# Mentioned in dispatches
# Service of 10 years, or a campaign medal for active service Gurkhas
who retired before 1997 must meet at least two of these conditions
She added that only officers would have achieved 20 years of service,
and that it would be near-impossible for troops who served in the 1950s
and 1960s to prove that their medical conditions were caused by their
time in the forces.
"They've given five bullet points that virtually cannot be met by the
ordinary Gurkha soldier," she said.
"It is so obvious that the treatment of the Gurkhas has been a huge
injustice," she said.
"To treat them like this is despicable."
'Moral debt'
The Home Office said that as a result of the decision, a total of 4,300
Ghurkas who served prior to 1997 would be eligible for residency.
A spokesman added there were currently 1,300 applications outstanding,
300 of which would now be granted.
In September, Mr Justice Blake ruled that instructions given by the Home
Office to immigration officials were unlawful and needed urgent
revision.
He said the Gurkhas' long service, conspicuous acts of bravery and
loyalty to the Crown all pointed to a "moral debt of honour" and
gratitude felt by British people.
The government promised to revise its guidance, but in March 2009, the
Gurkhas returned to the High Court to try and enforce the ruling.
Story from BBC NEWS:
http://news.
Published: 2009/04/24 11:01:21 GMT
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