UK gives equal rights to Nepali Gurkha veterans

LONDON (The International) — On May 21st the Home Secretary for the United Kingdom announced changes in the immigration policy allowing more Nepali Gurkha veterans to settle in the UK following their discharge from the British Army.

The government had to change their policy following a London high court ruling in September last year which found the current policy to be unlawful and in need of revision. A high profile campaign in the UK in support of the Gurkhas has been following the government to keep the issue in the public eye. This was greatly aided by the involvement of the famous British Actress Joanna Lumley.

The Gurkhas

After signing a peace treaty with Nepal in 1816 the British Army began to recruit Nepali volunteers for service in the British Indian Army. Following the partition of India in 1947, the regiments from the Indian army were transferred to the British Army to form the Brigade of Gurkhas. Part of the agreement included a clause that the Nepali soldiers would be recruited as Nepali citizens, serve as Nepali citizens and be resettled as Nepali citizens.

The recruitment procedure is very tough and competitive with less than three hundred making the pass each year from thousands of applicants. The motto of the brigade is "better to die than be a coward" and is one of the most decorated brigades in the British Army. They have fought alongside British born soldiers for almost 200 years in every major war including more recently the struggles in Afghanistan, The Falklands, Bosnia and Iraq. Historically the brigade was based in Hong Kong and relocated to the UK following the handover of the region to China in 1997.

Gurkha veteran rights in the UK

Foreign soldiers have had the right to settle in the UK since 1980, however this right was not extended to the Gurkha brigade because of the clause requiring them to be resettled as Nepali citizens. In 2004 the government extended the right to settle and offered equal pensions to Gurkhas who had served at least four years and were discharged after 1997, maintaining that those veterans who were based in Hong Kong would not have formed significant ties with the UK.

Exclusion on that basis was found to be unlawful at a high court test case in September 2008 and the government was told to review their policy. The judge Mr Justice Blake deemed that the Gurkhas did have significant ties to the UK by virtue of their service and that the UK has a "moral debt of honour" to the Gurkha brigade.

On the 24th of April the Home Office released their new regulations for Gurkhas who were discharged before 1997. The new policy required that applicants have one of the following: three years continuous UK residency either during or after service, close family ties in the UK, a bravery award at level one to three, twenty or more years of service or either a chronic or long-term illness that resulted from active service. Joanna Lumley, celebrity campaigner for ‘The Gurkha Justice Campaign’ whose father served with the Gurkhas, was furious at the government’s response and openly spoke of being "ashamed of our administration."

She highlighted that the changes would not mean much to most applicants. Firstly, as they were never allowed to settle in the UK it is unlikely that they would have close family ties, only officers can serve in the army for twenty years, most soldiers wont have obtained a bravery medal not making them any less of a soldier, and finally that it would be extremely difficult for those who served a long time ago to prove that their medical conditions were aggravated during active service. According to the Gurkha Justice Campaign the new regulations would only grant a further one hundred applicants the right to remain in the UK.

The government suffered a defeat in the House of Commons on April 29th, as ministers across all parties backed a Liberal Democrat motion to offer equal rights to the Gurkhas who were discharged prior to 1997. Joanna Lumley continued her campaign to get the government to announce their new policy. She had a meeting with Gordon Brown on May 6th and the following day held an impromptu press conference with Immigration Minister Phil Woolas after five Gurkhas received letters that day that their applications were rejected.

Due to the celebrity of Ms Lumley the exposure was significant and the government duly embarrassed agreed to hold talks. Campaigners met with the Home Office again on May 19th and Gordon Brown told the House of Commons that the Home Secretary would make the announcement on May 21st.

Changes to immigration policy

Home Secretary Jacqui Smith announced that "all former Gurkhas who retired before 1997, and who have served more than 4 years, [would] now be eligible to apply for settlement in the UK." It is believed that up to 15,000 applicants will be able to settle within the next few years. Furthermore
the Home Office requested that pending applications be processed using the new policy and completed by June 11th "as a matter of urgency." The veterans will be treated on "an exceptional basis" due to the "unique nature of the service given to the UK by the brigade of Gurkhas."

Joanna Lumley was told the news in person by Gordon Brown earlier that day and also stood outside the Commons with campaigners as the announcement was being read out. When asked if she thought the campaign would have been successful without her involvement, she said "of course it would. It might of taken a bit longer, but…the people of this country have made it work. The extraordinary thing is that today a great injustice has been righted."