As regards the words from the OP :-
-: my comment is this. I suspect it is just another example of the incompetence of certain people in IND. Asked to change the immigration rules to make references to 4 years into references to 5 years, they succeeded in doing that as regards HSMP, WP, EEA and Ancestry, but overlooked doing that for the Gurkhas!I did notice that if you are a member of Her Majesty’s forces and are about to be discharged or have already been discharged from the forces you can still clam ILR after 4 years.
Is this not like the COA case were there was obvious discrimination against people who were married in a registers office to those getting married in Church.
Accordingly the new form SET(O) reflects the immigration rules as they are drafted at the moment. But I shall not be surprised in the ILR legislation for Gurkhas is brought into line at some stage in the future.
Does the current difference give grounds for possible legal action? Does it amount to discrimination? Quite possibly, and certainly another angle those contemplating legal action anyway might include in their pleadings.