E.R.
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CONFIDENTIAL
In determining applications officials were told that the absence of any me of the conditions (a), (b) or (c) could be overlooked in a particular case, and a childless couple could normally be regarded as satisfying (b). The intention to return noze
was, and remains, a sine qua non.
The current Rules and practice
4. The current Immigration Rules which date from January 1973 contain the following
paragraph under the sub-head "Working Holidays":
"Young Commonwealth citizens who come to the United Kingdon for
extended holidays of up to 5 years before settling down in their own countries and who satisfy the immigration officer that they intend to take only employment which will be incidental to their holiday, should be admitted for 12 months and should be advised that it will be open to them to apply for extensions of stay within the maximum of 5 years allowed".
The Commonwealth Rules for Control After Entry make provision for the grant of
extensions of stay to young Commonwealth citizens admitted as working holiday makers. In practice Commonwealth citizens entering for other purposes have been able to apply to remain as working holiday makers although the Rules do not make specific provision for them.
5. As originally drafted, the Rules contained the long-standing form of words quoted in paragraph 2 above: they applied, of course, only to Commonwealth citizens and related as before to holidays of from two to three years. The Rules were presented in one paper covering both foreign nationals and Commonwealth citizens, and this method of presentation highlighted the treatment to be given to Commonwealth citizens compared with the more liberal approach to EEC nationals that was required by accession to the Treaty of Rome. Parliament did not approve the document and revised Immigration Rules had to be presented. In introducing the two new sets of Rules the then Home Secretary (Mr Robert Carr) stressed that he had "attempted to meet the clearly expressed wish to give the freest possible access to Commonwealth citizens whose close family ties are with this country" and he made four points of which one directed attention to the extension of the length of the Commonwealth' working holiday from three to a maximum of five years. Working holiday makers ac, of course, admitted without restriction on their taking employment. A copy of the Staff Instructions that are currently in force is attached.
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CONFIDENTIAL