CONFIDENTIAL
i. to amend the Immigration Rules so that members of the Home
Forces (which includes Gurkhas) were no longer deemed to be
settled in the UK for the purpose of the Rules. This would
prevent Gurkhas from being joined for settlement by spouses,
fiancees and dependent children;
ii. to amend BNA 1981 so that children born here to Gurkhas
(who as members of the Home Forces are exempt from immigration control and thus deemed to be settled here for the purposes of
Section 50(2)) were not British citizens by birth in the UK;
and
iii.
to disapply by Parliamentary statement the long residence
concession from Gurkhas and their families.
4.
Since the OD decision on 9 May 1989, MOD have been seeking to
get themselves off the legislative hook, arguing that the
uncontentious quinquennial Armed Forces Bill was not the right
vehicle for amending immigration legislation. They have been told
repeatedly by the Home Office at official level that the decision
must stand, and that changes caused by MOD action should be dealt
with by means of available MOD legislation.
5. As the Home Secretary's letter argues, the Hong Kong Bill will
be quite controversial enough without the added complication of
seeking to deal with the Gurkhas at the same time. The
juxtaposition of the two sets of measures would simply play into the
hands of the critics of both, and significantly increase the likely
handling difficulties.
DAWACG
Alianc
A R Paul
CONFIDENTIAL