Richard Heath

Eligibility: Gurkha soldiers and dependents

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A few years ago I raised a question about eligibility for the above, and the response from Martin suggested that both Gurkha soldiers and their dependents were eligible without needing to meet the three-year rule (Further education and training providers community - AEB eligibility - Gurkha spouses). However, that interpretation was based on their 'indefinite leave to remain' status. As the rules have since changed to exclude that category from the three-year exemption (apart from cases of domestic abuse or bereavement), can anyone clarify how this stands now? The immediate case we have is where the potential learner has not been resident for three years, but is the spouse of a serving Gurkha who has. As members of *foreign* armed forces and their dependents are eligible without 3-year residency it would seem perverse if the same did not apply to UK soldiers and their families, but the rules appear to be silent on the issue.

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Steve Hewitt

Aw, I remember when the Ghurkhas used to have their own paragraph (surprised I didn't say this last time actually!)...

I think you're right though, I think their dependants *will* fall between the gaps here? I hadn't thought about this as part of the changes to ILR (when I did a bit of a deep dive into it, the only people I found who could get ILR in less than three years were on some weird investor visa, so I've been advising people that asking about being widowed or abused is probably not necessary...).

Richard Heath

Thanks Steve Hewitt. By the way, you did say it on a different thread!

Steve Hewitt

Hahaha, knew it would have popped up somewhere!!!

I *think* I even asked the helpdesk (but that query will be three or four email addresses ago now) and we got very confused as to whether Ghurkhas are "foreign" or not (which is why they need their own para!!!)...