UNCLASSIFIED
Gray, NTD (CL 501)
HKK SHO/1
Refere
RELEIVED IN REGISTRY NO. 51
1 4 AUG 1979
BISK OFFICE
INDEX
PA
REGISTRY Action Taken
ALBA
374
Spoken,
Cph Frank Intrada
NATIONALITY LAW: TRANSMISSION OF CITIZENSHİP (DEPENDENCIES)
1. Your minute of 19 July refers.
2.
It would help in understanding a very confusing subject if we recognised that we are dealing with 3 very different subjects: (1) citizenship, (2) eligibility for belonger status of a Dependent Territory and (3) immigration requirements of a DT.
3. It is wrong to refer to a Home Office proposal to restrict the ability to transmit citizenship to the male line. This restriction has always existed. What is happening now is that the Home Office propose to introduce provisions for the transmission of citizenship through the female line where the mother has the right of abode in the UK and is not subject to immigration control. (In other words, they are proposing to remove a feature which can be regarded as discrimin- ation against women.) Not to do so for mothers who are subject to sh control is not to introduce discrimination but merely to continue
existing discrimination. If matters are left as they are, ie no transmission of citizenship where the mother is subject to control, then eligibility for belonger status of a DT will remain as at present.
4. Eligibility for belonger status of a DT is entirely a matter for the DT and citizenship is only one of the factors - see attached extracts from their rules. In most DT there are problems for a person born outside the DT of parents who are not regarded as normally resident in the DT at the time of the birth, and even more where a parent, particularly a father, does not belong to the DT.
?
7
5. I do not think DTs would be in favour of automatic transmission of citizenship through the female line. However, they should certainly be asked for their views. If they did so agree they would need to examine their belongership rules to see what changes, if any, were necessary.
1 August 1979
Сс
Mr McLaren, HKGD (K 246) Mr Daunt, SED (W 70)
Mr Ure, SAmD (K 267)
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Mr Snodgrass, SPD (G 85/1) Mr Duff, WIAD (G 45A/3) Mr Shakespeare, MCD (K 364)
G Brownlee Migration & Visa Dept
without enclosures
A