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the individual dependency it would be imperative that the dependencies accept as belongers of that territory those who have that title. In the transitional provisions they would expect to assign to an individual dependency title those CUKCS who had a father or paternal grandfather born or naturalised in the dependency. This would be on a par with what the UK is doing to determine those who will become British citizens (which carries right of abode in the UK). It is suspected that in Gibraltar and Bermuda, at least this could mean that some people would become "British (Gibraltar) Citizens" (or some such) and thus "belongers" of those dependencies who do not now have full right of abode in those territories under the present immigration laws of those territories. I think that the Home Office argument that the dependency must accept immigration responsibility for these people in the circumstances envisaged is a compelling one. There is a powerful lobby in this country strongly opposed to the creation of a category of British overseas citizen who belong nowhere criticism for which is laid at present at HMG's door. I do not think it would be acceptable if the new Act provided that dependencies could exclude from right of abode people with as close a connection with those territories as is required to establish right of abode in the UK. It is true that exclusion of such people from certain dependencies is their present position; but I think that it would be unacceptable to Ministers formally to endorse it in a new law, particularly as Ministers will be resisting pressure to accept all non-belongers as full British citizens. I mention this now because I think it is essential to warn Governors of this probability in advance of any formal consultation/notification they can give to their advisers. I think we should do so as soon as agreement of nomenclature for a 3-category citizenship is reached with the Home Office.

4. If you dissent from these views it would be helpful to have an indication before a meeting with Mr Woodfield, DUSS, Home Office, on Monday, 3 December at which this subject could be raised.

29 November 1979

cc Mr Murray) (for information)

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سمسا

W Jones

Nationality and Treaty Department

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