Borders, Citizenship and Immigration Bill — New Clause 3 — Right of Gurkhas to Live in the UK — 14 Jul 2009 at 20:15

The majority of MPs voted against giving Gurkhas discharged from the British Army prior to 1997, and those who had not applied within two years of discharge, the right to live in the UK.

MPs were considering the Borders, Citizenship and Immigration Bill^[1] when they rejected the following proposed new clause via this vote:

• (1) The Immigration Rules, as laid before Parliament under section 3(2) of the Immigration Act 1971 (c. 77), are amended as follows.
• (2) In Rule 276F (requirements for indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army) omit paragraphs (ii) and (iii).
• (3) In Rule 276I (requirements for indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army) omit paragraphs (ii) and (iii).
• (4) Gurkhas discharged from the British Army prior to 1997 shall have parity with Commonwealth servicemen in terms of the requirements for indefinite leave to enter and remain in the United Kingdom.'

Prior to the amendment rule 276F stated^[2]:

276F. The requirements for indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army are that:

• (i) the applicant has completed at least four years' service as a Gurkha with the British Army; and
• (ii) was discharged from the British Army in Nepal on completion of engagement on or after 1 July 1997; and
• (iii) was not discharged from the British Army more than 2 years prior to the date on which the application is made; and
• (iv) holds a valid United Kingdom entry clearance for entry in this capacity; and
• (v) does not fall for refusal under the general grounds for refusal.

Prior to the amendment rule 276I stated^[2]:

• 276I. The requirements for indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army are that the applicant:
• (i) has completed at least four years' service as a Gurkha

with the British Army; and

• (ii) was discharged from the British Army in Nepal on completion of engagement on or after 1 July 1997; and
• (iii) was not discharged from the British Army more than 2 years prior to the date on which the application is made unless they are applying following a grant of limited leave to remain under paragraph 276KA; and
• (iv) is not in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded; and
• (v) does not fall for refusal under the general grounds for refusal.

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• [1] Parliament's webpage on the Borders, Citizenship and Immigration Bill (now an Act)
• [2] Part 7 of the immigration rules

Debate in Parliament | Source |