Resettlement rights in the UK for members of the Brigade of Gurkhas
Diana Johnson MP
06/05/09, 00:00
Following interest from a number of Hull North constituents, Diana Johnson MP has made the following statement on the issue of the Brigade of Gurkhas:
As you know, there has been a lot of publicity recently about the Gurkhas and their rights to settle in the UK.
There was a debate in the House of Commons on Wednesday 29 April 2009 and a number of constituents have written to me about this debate, asking for my views. I thought it might be helpful if I set out the actual facts about the Gurkhas, as I do not believe that these have been reported adequately in much of the news media.
What is the current position of Gurkhas?
First of all, the Gurkhas are a courageous group of soldiers who have served this country with loyalty and distinction for 200 years.
Prior to 1997 no UK government allowed any settlement rights to Gurkhas.
I am proud that the Labour Government elected in 1997 is the first and only government since the Second World War to give UK settlement rights to Gurkhas.
In 2004, the Government brought in rules which, for the first time, allowed Gurkhas to apply to stay permanently in the UK. Since then, 6,000 Gurkhas and their families have settled in the UK. Rules announced in September 2004 enabled Gurkhas who had completed at least four years' service, and been discharged in Nepal from 1 July 1997 onwards, to apply for settlement in the UK within two years of their discharge.
This was the date of the handover of Hong Kong from Britain to China and the point when the Brigade of Gurkhas moved their headquarters from Hong Kong to the UK. There has also been scope for Gurkhas who retired before 1997 to apply to settle in the UK on a discretionary basis, where there are strong reasons why settlement in the UK is appropriate. The current argument is mainly about how we treat these Gurkhas who retired before 1997 and their families.
In September 2008 the High Court agreed that the Government's recognition, in its approach to settlement rights, of this change of location of the regiment's base was correct. However, they judged that the policy on those Gurkhas discharged before 1997 needed to be much clearer, setting out what factors should be given most weight in offering individuals settlement rights in the UK.
What is the proposal for Gurkhas who retired prior to 1997?
On 24 April the Government published this updated resettlement policy. It is available on the Borders Agency website at http://www.bia.homeoffice.gov.uk/sitecontent/documents/news/factsheet-Gu.... This policy observes both the letter and spirit of the High Court judgement.
The new guidance proposed by the Government ensured that Gurkhas who have given outstanding service to this country will be entitled to settle in the UK where they meeting one of the following criteria:
Three years continuous lawful residence in the UK during or after service;
Close family settled in the UK with whom they enjoy family life, as defined under Article 8 of the European Convention of Human Rights (ECHR);
A level 1-3 Award for gallantry, leadership for bravery for service in the Brigade;
20 or more years service in the Brigade of Gurkhas;
A chronic long term medical condition which is attributable to or aggravated by service in the Brigade.
Additionally, discretion will normally be exercised and settlement in the UK granted if two or more of the following criteria are met:
Gurkhas previously awarded a UK Ministry of Defence disability pension but no longer have a chronic long term medical condition caused or aggravated by service in the Gurkhas;
Claimants who received a Mention in Dispatches (Level 4 Award) for service in the Brigade;
Claimants who served 10 years in the Brigade or fewer than10 years, but received a campaign medal for active service in the Brigade.
How many Gurkhas will be affected by the changes?
The Government estimates that this guidance will mean that over 4,300 ex-Gurkhas more than 10,000 people in total when about 5,800 spouses and children are included - will qualify for settlement rights in the UK. In respect of the 20 or more years service criterion, the majority of those eligible will be below commissioned officer rank. Contrary to some of the misinformation you may have heard, this is not an 'officers only' charter.
Some supporters of the Gurkhas have claimed that only 100 ex-Gurkhas will benefit from the revised guidelines and this figure has been reported in the media. However, the Government's estimates are based on the actual records held in the Ministry of Defence.
In line with the Government's commitment to the Courts, and following the debate on Gurkha resettlement in the House of Commons on 29 April, all 1,350 outstanding appeals from ex-Gurkhas will now be resolved by the end of May.
The Ministry of Defence is working to ensure that those who might be eligible in Nepal are fully aware of the opportunities for settlement in the UK. I would be proud to welcome these individuals to the UK in recognition of the outstanding service they have given to this country.
Is there are any other help for Gurkhas?
Additional assistance has been extended to Gurkhas by this Government. For example, Gurkhas can complete their service from the age of 33 and from that time and for the rest of their life they receive a pension which allows for a very good standard of living in Nepal.
Gurkhas who served on or after 1 July 1997 were eligible to transfer to the Armed Forces Pension Scheme for the wider Army. Gurkhas who served for at least 15 years before 1 July 1997 receive a pension under the Gurkha Pension Scheme (GPS).
The GPS pension rate is regularly reviewed and increased in accordance with annual inflation in Nepal. The GPS pension is comparable to the salary of an engineer for corporals and below, and is the equivalent to a Member of Parliament in Nepal for sergeant and above. Around 26,500 ex-Gurkhas in Nepal receive a pension funded by the Ministry of Defence. In 2000, Gurkha pensions were doubled. In April 2009, in addition to the inflationary uplift of 14%, those over 80 received an additional 20%.
How does Gurkha resettlement fit into wider immigration policy?
There has never any suggestion from the Government that the opportunity to settle in the UK would be offered instantly to all 36,000 former member of the Brigade of Gurkhas, going back over many years. With their dependants this could amount to over 100,000 people and cost tax-payers, mainly from the country's Defence budget, up to £1.4 billion.
It would also set precedents for the treatment of Commonwealth soldiers, and other immigration categories, from many other nations outside the European Union, for example from countries on the Indian sub-continent. This could run into the hundreds of thousands of people.
However warm our sentiments are towards the Gurkhas, the Government has a responsibility to run a fair, firm and consistent immigration policy. I do not support an unrestricted open-door immigration policy for any one group coming to the UK. This is why I did not vote for the decision that MPs took on 29 April.
No matter how deserving a group of people like the Gurkhas may be, the process of migration - including its impact upon aspects of our national life such as housing, welfare, jobs and services such as the NHS - must be managed carefully by any responsible government.
In my view, we cannot just sign a blank cheque and hope that it is not cashed too quickly.
This is one reason why, for example, I oppose the irresponsible policy supported by the Tory Mayor of London and the Lib Dems of granting an amnesty, leading to full UK citizenship, for hundreds of thousands of immigrants currently living in the UK illegally.
Conclusion: A fair deal for the Gurkhas
All soldiers who serve in our armed forces are brave and many have risked their lives in combat, whether they reside in the UK or anywhere else around the world.
The Gurkhas have played a distinguished role in our armed services and deserve to be treated fairly. The Labour Government has been doing this in a way that no previous government ever did.
Immigration issues are complex and have wide-ranging implications. The direct cost of implementing the motion passed by the House of Commons on 29 April could well run into billions of pounds for UK taxpayers. The Government must also consider the precedent for future immigration decisions in other immigration categories, wider Government policy and potential costs to UK taxpayers. The Government cannot, therefore, responsibly or fairly rush into a new policy.
The Government has, however, made it clear that the scheme for resettling ex-Gurkhas will be reviewed in light of the debate in the Commons on 29 April and the outcome published this summer. The issue will also be kept under review in order ensure an outcome that is both fair to ex-Gurkhas, and affordable to the British tax-payer. This may result in further changes in the future.
Finally, for your information I attach below links to recent media articles on the Gurkhas. The first is by Lord Edwin Bramall, a former Chief of the Defence Staff and Colonel with the 2nd King Edward VII's Own Gurkha Rifles in the Independent on Sunday from 26 April; the second by Dominic Lawson in the Sunday Times of 3 May:
http://www.timesonline.co.uk/tol/comment/columnists/dominic_lawson/article6211395.ece.
Diana Johnson
Labour MP for Hull North
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