‘Betrayed’ Gurkhas to fight on

Campaigners for Gurkha soldiers who want to settle in the UK branded new rules on who could stay a “betrayal” yesterday.

They pledged to continue their legal fight after the Home Office said those given medals or injured in battle would be given residency.

Campaigners said the changes would benefit around 100 Gurkhas, mostly officers, but leave thousands more who fought for the UK unable to come here.

Immigration Minister Phil Woolas said the changes would allow around 4,300 more former Gurkhas to settle here out of the 36,000 who served in the British Army before July 1997.

But actress Joanna Lumley attacked the new criteria as “unattainable”, and said she felt “ashamed” of the government.

Speaking at a rally of Gurkhas outside parliament, she said: “The Gurkhas cannot meet these new criteria. It makes me ashamed of our government. We will fight on. We don’t stop. This has been a setback but that is all.”

“I think this is inexplicable. I can only think they have no notion of the armed services. They have no direct experience of what it is.”

Immigration rules introduced in 2004 allowed serving Gurkhas with at least four years’ service to settle in the UK.

But they do not apply to Gurkhas discharged from the British Army before July 1, 1997, when the Gurkhas’ base moved from Hong Kong to Folkestone, in Kent.

Lawyers for the Gurkhas launched a legal battle to allow soldiers serving before then to stay.

The High Court ruled last year that the government policy on older veterans was unlawful and in need of urgent review. Ministers were set a deadline of yesterday to act.

The rules outlined yesterday mean Gurkhas and their families will be allowed to settle in the UK if they meet one of five criteria:

Three years’ continuous residence in the UK during or after their service.

Close family in the UK.

A level 1-3 bravery award (including the Victoria Cross, the Distinguished Service Order and the Military Cross).

Service of 20 years or more in the Gurkha brigade.

A chronic or long-term medical condition caused or aggravated by service.

In addition Gurkhas will be allowed to settle in the UK if they meet two or more of the following criteria:

They were previously awarded a UK MoD disability pension but no longer have a chronic medical condition.

A mention in dispatches.

Service of 10 years or a campaign medal for active service in the brigade.

Mr Woolas said: “This guidance honours the service, commitment and gallantry of those who served with the Gurkhas brigade.”

But Ragprasad Purja, 43, who served with the Gurkhas for 17 years, said: “It is the saddest day for the Gurkhas and the saddest day for the British Government.”