This section deals with applications from Ghurkhas and foreign and Commonwealth nationals who seek settlement in the UK on discharge from HM Forces. It also explains the circumstances under which their dependants may apply for settlement. On 25 October 2004 the Immigration Rules were amended to provide for all those with at least 4 years in service with HM Armed Forces to apply for settlement in the UK after discharge. Paragraphs 276E to 276Q of the Immigration Rules refers. Paragraphs 276E-K of the Immigration Rules relate to Ghurkhas, who will continue to be recruited in Nepal; and paragraphs 276L-Q of the Immigration Rules relate to foreign and Commonwealth nationals who are normally recruited and discharged in the UK. The Immigration Rules make provision in both parts for applications for settlement to be made either from overseas or from within the UK. 1.1 Caseworkers should ensure that they have read the information contained in Annex H (Changes to applications from over stayers) and Section 2B (Military Service Offences) when dealing with applications from those already discharged from HM Forces.
For the purposes of the Immigration Rules (Paragraphs 276E-K) a Ghurkha is a citizen or national of Nepal who has served in the Brigade of Ghurkhas of the British Army under Brigade of Ghurkhas‟ terms and conditions of service. On 30 September 2004 the Prime Minister and Home Secretary announced a change of policy in respect of Ghurkhas. Ghurkhas discharged from the British Army in Nepal, on or after 1 July 1997 and with at least 4 years in service with the British Army would be able to apply for settlement in the UK. The 1 July 1997 cut-off date reflected when the Brigade of Ghurkhas moved its headquarters from Hong Kong to the UK, and Ghurkhas discharged on or after that date would therefore have had more opportunity to develop close physical ties with the UK.
We offer various services to Ghurkhas and their relevant application regarding:
- Family Matters
- NTL (No Time Limit Application)
- Under 18 and Over 18 Applications
- Visitor Visa
Please contact us for any help with the application and regarding your immigration matter. We have relevant expertise and experiences dealing with these matters. Should you require further information, please book an appointment via email or telephone.
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