TOMORROW, at the High Court in London, five Gurkha veterans and one Gurkha widow will bring a test case, funded by legal aid, which seeks to challenge a Government policy saying they and 2,000 colleagues cannot settle in the UK.
The firm of which I'm a partner, Howe & Co, are their solicitors. We firmly believe that these heroes who have given so much for us deserve the right to stay here.
The word Gurkha is one that is synonymous with bravery. For almost 200 years, the G
urkha regiments of Nepal have loyally served the British
people in almost every conflict in which the UK has been involved.
Gurkhas have fought in the First World War, Second World War, Korea, Borneo, Malaya, the Falklands, and the first Gulf War, among others. There are members of their regiments currently serving in both Afghanistan and Iraq. Prince Harry served with them during his time fighting the Taliban.
Of the nine living holders of the Victoria Cross, three are Gurkhas. A total of 26 VCs have been awarded to Gurkhas, and 6,500 members of the regiment have received military decorations
for bravery, including the Military Cross.
A total of 45,000 Gurkhas have died on the field of battle fighting for Britain, while 150,000 have been wounded. If there was a minute's silence for every Gurkha wounded in the Second World War alone, we would be silent for two weeks.
So when UK Embassy officials in Kathmandu refuse to allow British Army Gurkhas to come and settle here, on the grounds that they do not have sufficiently "strong ties" with our country, it is hard to see the logic.
The sense of injustice the Gurkhas feel is compounded by the criteria the Government applies: it is all about a date on the calendar.
July 1, 1997, is when governance of Hong Kong was handed back to China. Until that date, the Gurkha regiments were mainly based in Hong Kong. After that date, their headquarters moved to Kent.
According to the Government's immigration policy, those Gurkhas who retired beforeJuly 1, 1997 have no right of residency in the UK. Yet those retiring after that date can settle here.
How can that be fair?
Some of those Gurkhas who have eventually been allowed to settle in the UK have only been allowed to do so after a public outcry. Once here, they've had yet further battles for the respect they deserve.
Take the case of Honorary Lieutenant Tul Bahadur Pun, aged 84; a man awarded the Victoria Cross for his extraordinary heroism under Japanese fire in the Burmese jungle.
Mr Pun was initially refused the right to come here for urgent medical attention, on the grounds that he had "failed to demonstrate strong ties to the UK." A Home Office Minister reversed the British Embassy's decision after a national campaign, and the old soldier settled here in 2007.
Yet only last Tuesday, the Prince of Wales invited Mr Pun to an event at Clarence House honouring Victoria Cross and George Cross winners.
He was allowed two guests of his choice, and wanted to invite his grown-up children, who still live in Nepal. Cue another refused application for temporary visas.
The news in turn had a negative effect on Mr Pun's health, and he was in hospital for three weeks with breathing difficulties and heart problems.
The Gurkhas have also struggled for many years for equal pension rights with theirBritish comrades, and they hope to take this separate case to the Court of Appeal later this year.
As with the immigration test cases, this important action is funded by legal aid. Funding both these matters shows that the Legal Services Commission wants to ensure fair access to justice for those who need it most. Quite literally, without the support of legal aid, all these old Gurkhas would be left to rot and die in Nepal.
The brave soldiers' campaign has also attracted support from across the political spectrum and all walks of life, reflecting the special bond and the gratitude felt by the British public.
Actress Joanna Lumley will join Victoria Cross winner Hon Lt Pun VC, plus thousands of ex-British Gurkha soldiers and their families in a demonstration outside the Royal Courts of Justice tomorrow morning before the settlement rights hearing gets underway.
Ms Lumley said: "My own father served with the Gurkhas for 30 years. Indeed, he saw action as a Chindit in Burma with Mr Pun VC. Like so
many people in Britain, I am ashamed at how successive Governments have failed these magnificent and loyal soldiers."
"The overwhelming wish of the British is to allow them to live here with us if they so choose. I sincerely hope the Court finds in their favour."
Given the Gurkhas' long record of immense sacrifice for our nation, can't we let them stay here?
Martin Howe is senior partner at Howe & Co Solicitors.