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Gurkha children leave to enter outside the rules

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bhimgrg
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Joined: Thu Jan 25, 2018 4:27 am
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Nepal

Gurkha children leave to enter outside the rules

Post by bhimgrg » Thu Jan 25, 2018 4:50 am

This question is dedicated to CR001 or VINNY

I have similar problem like “Baijal”. I applied for settlement visa from Nepal to join family in the UK using VAF 4A Family settlement form under Gurkhas family rules. Both my parent presented and settled in the UK. They were issued ILE in 2010. My application was refused and I appeal decision against of ECO. My appeal was allowed under article 8 ECHR.

I was issued “Leave to enter outside the rules’’ visa and it has 33 month expiry date. In the obser. Section there is written “dependant work permitted” .

Q: It is a right endorsement? I thought it is a wrong endorsement? Please reply me as soon as possible.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Gurkha children leave to enter outside the rules

Post by vinny » Thu Jan 25, 2018 7:29 am

I've split your post into this new topic.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Posts: 28235
Joined: Tue Sep 25, 2007 7:58 pm

Re: Gurkha children leave to enter outside the rules

Post by vinny » Thu Jan 25, 2018 7:29 am

Did you appeal in 2010? When did they grant you this?

I'm unsure what the leave to enter outside the Immigration rules endorsement for Gurkhas children should be like. The latest Court of Appeal judgment seems unhelpful.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

bhimgrg
Newly Registered
Posts: 2
Joined: Thu Jan 25, 2018 4:27 am
Mood:
Nepal

Re: Gurkha children leave to enter outside the rules

Post by bhimgrg » Thu Jan 25, 2018 5:15 pm

No, I applied visa from Nepal in 2015 under new rules called ANNEX-K-Adult-Children-of-Former-Gurkhas-Chapter-15-Section-2A-2 http://www.gurkhabde.com/wp-content/upl ... n-2A-2.pdf

I was granted this visa in 2016 winning appeal.

Below one is update version of ANNEX-K Gurkhas Adult Children rules guidance


https://www.gov.uk/government/uploads/s ... 1.0ext.pdf

Gurkhas: adult children: eligibility
In order for settlement to be issued to the adult child of a former Gurkha under this
policy, a valid application for entry clearance must be made in accordance with
paragraphs 24 to 30 of the Immigration Rules and the applicant must meet the
following conditions:
• the former Gurkha parent has been, or is in the process of being 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 had been waived
• the applicant is the son or daughter of the former Gurkha
• the applicant is outside the UK
• the applicant is between 18 and 30 years of age (including applicants who are
30 on the date of application)
• the applicant was under 18 years of age 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 to do so
been available
• the applicant has not been living apart from the former Gurkha for more than 2
years on the date of application, and has never lived apart from the sponsor for
more than 2 years at a time, unless this was by reason of education or
something similar (such that the family unit was maintained, albeit the applicant
lived away)
• the applicant has not formed an independent family unit
• the applicant does not fall to be refused on grounds of suitability under
paragraph 8 or 9 of Appendix Armed Forces or those provisions of part 9 of the
Immigration Rules (general grounds for refusal) that apply in respect of
applications made under Appendix Armed Forces of the Immigration Rules

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