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NOTES FOR UK OFFICIALS ADVISING HONG KONG BUSINESSMEN AND OTHERS ON IMMIGRATION TO THE UK AND BRITISH CITIZENSHIP
Introduction
There is some misunderstanding, and some misrepresentation, of the position of the UK with regard to businessmen who wish to acquire settled status in the UK and British citizenship. Enquiries show that the facilities offered by the UK compare favourably with those of other countries.
Statement of position for persons interested
2.
The attached note has been prepared by the Home Office in a form suitable for handing to selected enquirers, if required. It outlines, in the most positive possible way, the requirements for immigration to and settlement in the UK and for the acquisition of British citizenship. The general message is that a businessman proposing to invest a substantial sum and who eventually throws in his lot with the UK will encounter no difficulty in obtaining permission to enter or remain or, in due course, citizenship.
Caveats
3. There are, however, a few caveats. First, some aspects of the arrangements set out in the note depend heavily upon the exercise of the Home Secretary's discretion in suitable cases. To this extent, they are intended to reflect what would be possible in the case of a person who was able to contribute in a major way to the UK's interests and prosperity. The note should not, therefore, be taken to imply that the Home Secretary's discretion will be exercised as a matter of course in ordinary cases (which would imply a general relaxation of immigration control).
4. Secondly, and for the same reasons, the note does not spell out to the last detail the limits within which the Home Secretary will be prepared to exercise his discretion. For example, it does not say what the absolute minimum period is after entry to the UK before settlement will be granted as a matter of discretion in exceptional cases. The Home Secretary cannot give general undertakings about how his discretion would be exercised, and each case must be looked at on its merits at the time when an application is made.
Handling of approaches
5. It is therefore recommended that the note should be given only to selected individuals whom it would clearly be of major benefit to have set up in business in the UK; and that any approach or enquiry should not be dealt with merely by handing over the note but should be attended and followed up by discussion. The general approach should be that no enquiry, still less application, from such a person should receive a discouraging reply unless and until it has received exhaustive and authoritative examination; and that they should be encouraged to pursue their enquiries further, having regard to the particular circumstances of the case, rather than rely on any general statement or impression.
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