Chapter 29 - Settlement entry for former members of HM Forces and their dependants
Rules Paragraphs 276E-276Q

29.1	Introduction
29.2	Gurkhas
29.3	Transitional arrangements for Gurkhas
29.4	Discretion - Gurkhas
29.5	Referral of applications to Kathmandu: confirmation of identity and military service
29.6	Foreign and Commonwealth nationals (Rules Paragraphs 276L-276Q)
29.7	Discretion - Foreign or Commonwealth citizens discharged from HM forces
29.8	Endorsement
29.9	Dependants
29.10	Spouses and civil partners
29.11	Endorsements
29.12	Widows
29.13	Children
29.14	Dependants over the age of 18
29.15	Orphans
29.16	Endorsements

Chapter 29 – Settlement entry for former members of HM Forces and their dependants
Rules Paragraphs 276E-276Q

Entry clearance is mandatory for all applicants in this category, including dependants.

29.1 - Introduction
This section describes the entry clearance requirements for Gurkhas and foreign and Commonwealth nationals who seek settlement in the UK on discharge from HM Forces.

All those with at least 4 years service with HM Forces may apply for settlement in the UK after discharge. The HM Forces rule has two parts: the first relates to Gurkhas, who will continue to be discharged by the British Army in Nepal, and the second part relates to foreign and Commonwealth nationals who are normally discharged in the UK.

29.2 - Gurkhas (Rules Paragraphs 276E-276K)
For the purposes of the Immigration Rules the term ‘Gurkha’ means a citizen or national of Nepal who has served in the Brigade of Gurkhas of the British Army under Brigade of Gurkhas’ terms and conditions of service.

Gurkhas discharged from the British Army in Nepal, on or after 1 July 1997 and with at least 4 years service with the British Army may apply for settlement in the UK. The 1 July 1997 cut-off date reflects when the Brigade of Gurkhas moved its headquarters from Hong Kong to the UK, and Gurkhas discharged after this date will, therefore, have had the opportunity to develop close physical ties with the UK (but see below for further guidance).

Entry clearance requirements:

The requirements for indefinite leave to enter as a Gurkha discharged from the British Army are that the applicant:

• has completed at least four years service as a Gurkha with the British Army; and
• was discharged from the British Army in Nepal on completion of engagement on or after 1 July 1997; and
• was discharged from the British Army no more than 2 years prior to the date on which the application is made.

“On completion of engagement” means that the applicant must have been discharged from the armed forces in the normal course of events, after completing the agreed period of service and has been issued with a Certificate of Service.

29.3 - Transitional arrangements for Gurkhas
In view of the time taken to conclude the review of immigration policy in respect of Gurkhas, there was a two-year transitional period, from 25 October 2004 until 25 October 2006. During this period, a discretionary approach was adopted, and various requirements of the Rules were waived. Discretion may also be exercised in accordance with the guidance below.

29.4 - Discretion - Gurkhas
In addition to the discretion exercised during the transitional period, discretion may also be exercised by ECOs in individual cases where an applicant does not meet the requirement of discharge from the British Army in Nepal after 1 July 1997, or discharge not more than 2 years prior to the date of application. Discretion may be exercised to waive these requirements in cases where there are strong reasons why settlement in the UK is appropriate. For example, consideration should be given to the following factors:

• Strength of ties with the UK – have they spent a significant time living in the UK, such as a 3-year tour of duty pre-discharge or 3 years living in the UK after discharge?
• Do they have any close family living in the UK? What proportion of their close family are in the UK as opposed to living in Nepal?
• Do they have children being educated in the UK?
• Do they have a chronic/long-term medical condition where treatment in the UK would significantly improve quality of life?

If one or more of the factors listed above are present, ECOs may exercise discretion and grant entry clearance for settlement in the UK.

“Close family” means immediate family, such as brothers, sisters, children, parents or grandparents.

The requirements for an applicant to have completed at least four years service as a Gurkha with the British Army and to have been discharged on completion of their engagement should not be waived.

29.5 - Referral of applications to Kathmandu: confirmation of identity and military service
Posts should refer all settlement applications from Gurkhas and their dependants to Kathmandu for confirmation of applicant's identity and military service. You need to send your referral to the "Gurkha Referrals Kathmandu" Firecrest mailbox.

29.6 - Foreign and Commonwealth nationals (Rules Paragraphs 276L-276Q)
The requirements for indefinite leave to enter as a foreign or Commonwealth citizen discharged from HM Forces are:

• the applicant has completed at least four years service with HM Forces; and
• was discharged from HM Forces on completion of engagement; and
• was not discharged from HM Forces more than 2 years prior to the date on which the application is made.

“On completion of engagement” means that the applicant must have been discharged from the armed forces in the normal course of events, after completing the agreed period of service and has been issued with a Certificate of Service.

29.7 - Discretion - Foreign or Commonwealth citizens discharged from HM forces
Where an applicant for settlement as a foreign or Commonwealth citizen does not meet the requirement for discharge from HM Forces not more than 2 years prior to the date of application, discretion to waive this requirement may be exercised in an individual case if there are strong reasons why settlement in the UK is appropriate. For example, consideration should be given to the following factors:

• Strength of ties with the UK – have they spent a significant time living in the UK, such as a 3-year tour of duty pre-discharge or 3 years living in the UK after discharge?
• Do they have any close family living in the UK? What proportion of their close family are in the UK?
• Do they have children being educated in the UK?
• A chronic medical condition where treatment in the UK would significantly improve quality of life.

If one or more of the factors listed above are present, ECOs may exercise discretion and grant entry clearance for settlement in the UK.

The requirements to have completed at least four years service as a foreign and Commonwealth national serving with HM Forces, and to have been discharged on completion of engagement should not be waived.

29.8 - Endorsement
Entry clearances for Gurkhas and other former members of HM Armed Forces in this category should be endorsed: ‘D: Settlement – AF’

29.9 - Dependants (Rules Paragraphs 276R-276AC)
Dependants of those settled or seeking settlement under the HM Forces rule (including Gurkhas) may apply for settlement in line with the principal applicant.

29.10 - Spouses and civil partners
To qualify for indefinite leave to enter the UK as the spouse or civil partner of a person settled or seeking settlement under the HM Forces rule the following requirements must be met:

• the applicant must be married to, or a civil partner of, a person present and settled in the UK or who is being admitted for settlement or being granted settlement on the same occasion under the HM Forces rule;
• the parties to the marriage or civil partnership must have met;
• the parties were married or formed a civil partnership at least 2 years ago;
• each of the parties must intend to live permanently with the other as their spouse or civil partner;
• the marriage or civil partnership must be subsisting.

ECOs should note the lack of any maintenance or accommodation requirements.

If the marriage or civil partnership is less than 2 years old the spouse or civil partner should be granted a period of leave to enter up to a maximum of 2 years on Code 1.

Spouses or civil partners of Gurkhas who were stationed in the UK are not required to return to Nepal in order to apply for settlement: they may apply in the UK.

29.11 - Endorsements
Entry clearances for spouses and partners in this category should be endorsed:
‘D: Settlement to Join / Acc’

If the marriage or civil partnership is less than 2 years old, the entry clearance should be endorsed: ‘D: Husband / Wife’ (as appropriate). LTE 2 years. Code 1; or
‘D: To acc partner’. LTE 2 Years. Code 1.

29.12 - Widows
Applications for settlement in the UK from widows of Gurkhas and other foreign and Commonwealth members of HM Forces, irrespective of whether the deceased spouse was still serving with HM Forces or had retired at the time of their death, should be considered. There is no time limit for submitting such applications. Discretion to grant settlement outside the Rules should be exercised in individual cases where there are strong reasons why settlement in the UK is appropriate. In assessing whether settlement in the UK is appropriate consideration should be given to the presence of the following factors:

• The applicant has spent a significant time living in the UK accompanying their spouse during their service with HM Forces and has developed strong ties with the UK.
• There are close family living in the UK who are able to offer emotional and financial support.
• The applicant would find it difficult to function because of illness or disability without the help and support of relatives in the UK.
• The existence of a chronic medical condition where treatment in the UK would significantly improve the quality of life.

If one or more of the factors listed above are present, the ECO may exercise discretion and grant entry clearance for settlement in the UK.

29.13 - Children
To qualify for indefinite leave to enter as the child of a parent, parents or a relative present and settled, or seeking settlement in the UK under the HM Forces rule the following requirements must be met:

The applicant is seeking indefinite leave to join a parent, parents or a relative in one of the following circumstances:

• both parents are present and settled in the UK, or being admitted for, or being granted settlement on the same occasion; or
• one parent is present and settled in the UK and the other is being admitted for, or being granted settlement on the same occasion; or
• one parent is present and settled in the UK or being admitted for, or being granted settlement on the same occasion and the other parent is dead; or
• one parent is present and settled in the UK or being admitted for, or being granted settlement on the same occasion and has had sole responsibility for the child’s upbringing; or
• one parent or a relative is present and settled in the UK or being admitted for, or being granted settlement on the same occasion under the HM Forces rule and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care;

and

• the applicant is under the age of 18; and
• the applicant is not leading an independent life, is unmarried, and has not formed an independent family unit.

ECOs should note the lack of any maintenance or accommodation requirements.

29.14 - Dependants over the age of 18
It is not the intention to split a family unit solely because a dependant is 18 years of age or over. Applications for settlement from dependants who are 18 years of age or over will be considered and discretion to grant settlement outside the Rules may be exercised in individual cases. Dependants over the age of 18 need to make separate, individual applications and pay the appropriate fee. In assessing whether settlement in the UK is appropriate ECOs should consider the following factors:

• one parent or a relative of the applicant is present and settled, or being admitted for, or being granted, settlement in the UK under the HM Forces rule;
• the applicant has previously been granted limited leave as a dependant of a member of HM Forces;
• the applicant has been, and wishes to continue, pursuing a full-time course of studies in the UK;
• refusal of the application would mean that the applicant would be living alone outside the UK and is financially dependent on the parent or relative present and settled, or being granted settlement in the UK under the HM Forces rule;
• the applicant would find it very difficult to function because of illness or disability without the help and support of their parent or close relative in the UK.

If one or more of the factors listed above are present, the ECO may exercise discretion and grant entry clearance for settlement in the UK.

29.15 - Orphans
Applications for settlement in the UK from orphans of Gurkhas, and other foreign and Commonwealth members of HM Forces who are under the age of 18 will be considered irrespective of whether the deceased parent was still serving in HM Forces at the time of their death or had retired. Discretion to grant settlement outside the Rules should be exercised in individual cases where there are strong reasons why settlement in the UK is appropriate. In assessing whether settlement in the UK is appropriate consideration should be given to the presence of the following factors:

• The applicant has spent a significant time living in the UK accompanying their parent during their parent’s service with HM Forces and has developed strong ties with the UK.
• There are close family living in the UK who are able to offer emotional and financial support.
• The applicant would find it difficult to function because of illness or disability without the help and support of relatives in the UK.
• The existence of a chronic medical condition where treatment in the UK would significantly improve the quality of life.
• The applicant was, or is, pursuing a full-time course of studies in the UK and wishes to continue their full-time studies here.

If one or more of the factors listed above are present, the ECO may exercise discretion and grant entry clearance for settlement in the UK.

29.16 - Endorsements
Entry clearances issued to children in this category should be endorsed as follows:

‘D: Settlement to join/acc’