But Home Office officials refused to allow Surendra Rai entry to the UK, arguing that he could not show he was still financially or emotionally dependent on his father, as required by law.
Surendra Rai appealed against the decision, saying that he had been left alone by his family and was unable to find work and that the refusal to allow him to settle here breached his right to family life.
An immigration appeal tribunal has now rejected his claim, saying there was no evidence to show he was still dependent on his father.
The British Gurkha Welfare Society (BGWS) said immigration tribunals were failing to take into account the dire economic conditions in Nepal when deciding that individuals were no longer financially or emotionally dependent on their parents.
Chaatra Rai (no relation), of the BGWS, said: “It’s very hard because there are many children over 30 who are still single and live with their parents because there is low employment in Nepal and even if you have a good education, it’s hard to find work.
“These decisions to exclude some children risk betraying the debt we owe these veterans for their service and go against the spirit of the rules allowing veterans and their dependent families to settle in Britain.”
In his ruling on Surendra Rai’s appeal Deputy Upper Tribunal Judge Monson said: “His parents had migrated to the UK by choice. In the circumstances, his parents had decided that, as an adult, he was able to care for himself.
“He was in good health, educated to 9 th grade level, and there were no obvious factors preventing him from working in Nepal. He had not mentioned any personal incapacity, and had not declared any medical conditions or disability. There was also nothing to prevent his parents from returning and living with their family in Nepal.”
Judge Monson said a judge at an earlier hearing had been correct to rule against Surendra Rai also being allowed to settle in Britain, stating: “Even if the Judge did not give adequate reasons for his finding of a lack of financial dependency, the Judge made a sustainable finding that there was a lack of emotional dependency, which is an essential requirement for Article 8 ECHR [European Convention on Human Rights] being engaged.”
The Telegraph revealed last week how the daughter of a British Army Gurkha veteran faces being separated from her father after losing the latest round in her four-year legal battle to live with him in the UK.
Poonan Shrestha, 30, will have to have her case heard again after a tribunal said that judges had made mistakes in an earlier hearing by failing to properly address the question of whether she was financially dependent on her father, Bhishma Bhusan Shrestha, who now lives in London.
The cases could have far-reaching consequences for the families of Gurkhas who settled in this country following the campaign on their behalf. There are an estimated 8,000 former soldiers and their families living in the UK, many of them in the garrison town of Aldershot.