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E.R.

From:

R M Morris IND

760 2733

5 February 1990

1.

2.

Ms Spencer

Mr Walters

CONFIDENTIAL

CC

Mr Yates

Mr Langdon

Mr Mower

Mr Harrington Miss Dews Mrs Grimsey, Mr Gilbert Mr Godfrey

Hren 340/13

RECEIVER MEGISTRY

2 0 JUL 1990

TV Page.

WH 308

See Sub. out

میم +

Vak

GURKHA LEGISLATION

DESK OFFICER

REGISTRY

INDEX

PA

Action Taken

A

1. You asked for advice on the attached minute from the

Secretary of State for Defence in which he suggests that the

Hong Kong Bill should be used to restrict settlement and

citizenship rights for Gurkhas and their families. OD decided

on 9 May 1989 that these changes should be accomplished though

the Armed Forces Bill 1991.

Background

3. The decision to have a post-1997 Gurkha force of some

4,000 which would be primarily based in the UK gave rise last

year to concern about large numbers of them and their families

achieving settlement here and, in the case of children born in

the UK, British citizenship, In order to reduce these possibilities to a minimum OD agreed, inter alia,

Lof a May 989.

J

to Armed Force

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 the 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) of the BNA) were

not British citizens by birth in the UK; and

CONFIDENTIAL

FEB 1990

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