HOME OFFICE

QUEEN ANNE'S CATE

LONDON SWIH 9AT

FLAG C

You asked me to provide some details of the requirements for entry to the United Kingdom for a prominent Hong Kong businessman, and also to advise on the possibility of his being granted British Citizenship.

Those who do not, as British citizens, have the right of abode in the United Kingdom may qualify for entry as businessmen or as persons of independent means. As well as having possession of sufficient disposable funds, applicants have to demonstrate a close connection with the United Kingdom or show that their admission would be in the general interests of the country.

I attach a copy of paragraphs 35-38 of the current Immigration Rules. These explain what the categories of businessmen and self-employed persons mean. The figures for disposable funds in paragraphs 35 and 38 will be raised to £150,000 and £15,000 respectively with effect from 1st January 1983 as a result of the proposed changes to the Rules currently before Parliament. Leave to remain as businessman or a person of independent means is normally granted for periods of twelve months at a time and the time limit may be removed after four years.

The correct procedure is to lodge an application with the Immigration Department in Hong Kong or any of our Missions in other countries. No categorical assurances can be given in advance that a person will qualify for entry into the United Kingdom.

From what you have said it seems likely that the gentleman in question became a citizen of the United Kingdom and Colonies by naturalisation in Hong Kong. If that is so and he is still a citizen of the United Kingdom and Colonies he will become a British Dependent Territories citizen when the British Nationality Act 1981 comes into force on 1st January 1983. In these circumstances if he were to come here it would be open to him in due course to make an application for registration as a British citizen under section 4 of the British Nationality Act 1981.

As explained in the enclosed leaflet BN12 this provides an entitlement to registration to, among others, British Dependent Territories citizens who have been resident in the United Kingdom

The Rt. Hon. The Lord Shepherd

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