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THE CONVENT GIBRALTAR
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Turning to the question of acquiring British Dependent Territory citizenship by virtue of a
a connection with Gibraltar,
Gibraltar, I find
I find that the Secretary of State has a number of areas of discretion contained in paragraph 6 of Schedule 1 to the British Nationality Act 1981.
In particular, he can regard an applicant for citizenship as having satisfied the requirements about being present in the territory during the preceding five
Five years, even though the
the applicant has, in fact, not been present for the required time.
7. In the light of your comment on the UK approval it would seem that we could have а compatible approach (i.e. seeking to keep skilled people in Hong Kong), by using our
by using our own Immigration Control Procedures, and the provisions of the British Nationality Act 1981. This would depend on an undertaking from the Secretary of State that in respect of, possibly, a:l agreed number of Hong Kong residents, he would waive the requirements in paragraph 5 of Schedule 1 the 1981 Act.
8.
In practice, the Secretary of State has devolved to yourself the administration of that part of the Act 60 far AB Gibraltar is concerned. I would, however, accept that in a
in a matter of policy which touches Onl such a sensitive issue for
for the United Kingdom, it would be appropriate for the matter to be put to the Secretary of State, and it would clearly assist us in our dealings with long Kong residents wishing to come to Gibraltar, for us to be able the to give a clear statement of UK Government policy as well as policy of this Government.
9. Could ask therefore, that the matter be referred back to the Foreign and Commonwealth Office, with our proposals and with the request that we hear from them their reaction and any conditions or constraints which they would feel appropriate.
Chief Minister
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