The requirements for naturalisation as a British citizen are as set out in section 6 of and schedule 1 of the British Nationality Act 1981. A person applying for naturalisation must have been lawfully present in the United Kingdom for a period of five years ending on the date of the application. Within that period he or she should not have been outside the United Kingdom for more than 450 days. For a person married to or the civil partner of a British citizen, the residential qualifying period is reduced to three years.
There is discretion to overlook periods of absence from the UK during the five or three year qualifying period. The current policy is to overlook any such absence if it was due to the applicant's (or his or her spouse's or civil partner's) service in the United Kingdom forces. However this discretion is not exercised if, at the time of consideration, the applicant is still serving as a member of the Brigade of Gurkhas.
The difference in treatment between Gurkhas and non-Gurkhas is due to the understanding between the Nepalese and United Kingdom Governments that those serving in the Brigade of Gurkhas should remain Nepalese citizens during their periods of service. Nepalese nationality law provides that any citizen of Nepal who acquires another nationality will automatically lose Nepalese citizenship. It would therefore not be right to bestow British citizenship on Gurkha soldiers since they would, as a result, automatically lose their existing Nepalese citizenship. For this reason, and in order to avoid jeopardising the special relationship that currently exists between the United Kingdom and Nepal, there are no plans to grant British citizenship automatically to serving Gurkha soldiers.
If, however, Gurkhas transfer into other units of the British army on completion of five years service in the Brigade or they become settled in the UK after discharge from service they would then be able to apply for naturalisation as British citizens under section 6 of the British Nationality Act 1981 on the same terms as other non-British service personnel.