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Foreign and Commonwealth Office
London SW1A 2AH
7114
Den dir,
HKB 026
15 November 198 RECEN
134
2 1 NOV 1990
DESK OFFI INDEX
PA
E
Lord Caithness has asked me to thank you for your note of 19 September about right of abode for non-UK spouses of UK expatriate civil servants. Lord Caithness was glad to have had the opportunity to meet representatives of the Association of Expatriate Civil Servants during his recent visit to Hong Kong and to hear your views at first hand.
It may be helpful if I set out the position in detail.
Under the Immigration Rules, the spouse of a British citizen is entitled to accompany him or her to the UK for settlement at any time before or after 1997 provided that certain requirements are met. These are as follows:
(i) that the primary purpose of the marriage was not to
obtain admission to the United Kingdom;
(ii)
(iii)
that the parties to the marriage have met and intend to live permanently together; and
that the parties can maintain and accommodate themselves and their dependants adequately without recourse to public funds.
In practice very few spouses seeking admission from Hong Kong find these tests difficult to meet. In 1989, 320 spouses and fiance (e)s in Hong Kong were granted entry clearances to settle in the UK on the basis of marriage to British citizens in Hong Kong, and only 6 applications were refused.
The Association of Expatriate Civil Servants
Room G12, CGO, East Wing
Lower Albert Road
HONG KONG
/During