Gurkhas: Discretionary Settlement Criteria
In May 2009, the Home Secretary informed Parliament that any former Gurkha with over four years of continuous service, who had been discharged from the Brigade of Gurkhas before 1 July 1997, would be eligible for settlement in the UK. Initially, this policy applied solely to the former Gurkha, their partner, and children under 18. Over time, the policy was extended to include widows of former Gurkhas as well.
Following a review in 2014–2015, the policy was updated on 5 January 2015 to allow adult children of former Gurkhas to apply for settlement under specific circumstances.
Gurkhas: Adult Children Eligibility
To qualify for settlement as an adult child of a former Gurkha, applicants must meet the following criteria:
- The former Gurkha parent has been granted settlement under the 2009 discretionary arrangements or was granted leave under the 2004 Immigration Rules where the requirement to have been discharged on or after 1 July 1997 was waived.
- The applicant is the biological son or daughter of the former Gurkha.
- The applicant is outside the UK at the time of application.
- The applicant is between 18 and 30 years of age (inclusive) on the date of application.
- The applicant was under 18 years old at the time of the former Gurkha's discharge.
- The applicant is financially and emotionally dependent on the former Gurkha.
- The Secretary of State is satisfied that an application for settlement by the former Gurkha would have been made before 2009 had the option been available.
- The applicant has not been living apart from the former Gurkha for more than two years at the time of application, except for reasons such as education.
- The applicant has not formed an independent family unit.
- The applicant does not fall under grounds for refusal as specified in paragraphs 8 or 9 of Appendix Armed Forces or relevant provisions of part 9 of the Immigration Rules.
Gurkhas: Definitions
- Adult Child: A son or daughter aged 18 or over of a Gurkha discharged before 1 July 1997.
- Gurkha: A citizen or national of Nepal who served in the Brigade of Gurkhas of the British Army under its terms and conditions of service.
- Kindred Roll: British Army records listing the official spouses of Gurkhas.
- Not Leading an Independent Life: The applicant must not have a partner as defined in Appendix FM and must be:
- Living with their parents (except during full-time education).
- Not in full-time employment (unless aged 18 or over).
- Wholly or mainly dependent on their parents for financial support (unless aged 18 or over).
- Wholly or mainly dependent on their parents for emotional support.
- Widow: For the purpose of this guidance, a widow is the first wife listed on the kindred roll. If this widow permanently waives her right to settlement, an application may be accepted from the next widow in line, as verified by British Army records.
Recent Updates and Considerations
As of June 2025, the Immigration Rules have been updated to reflect changes in eligibility criteria for international civilian employees and other minor administrative updates. These changes are part of the Statement of Changes HC 836 laid in Parliament on 24 June 2025. However, specific details regarding the impact of these updates on Gurkha settlement policies are not explicitly outlined in the available documents.