MINISTER
'OF
STATE
HOME OFFICE
QUEEN ANNE'S GATE
LONDON SWIH 9AT
12July 1990
Thank you for your letter of 9 July about the immigration and nationality position of the spouses of British citizens resident in Hong Kong.
British citizens' spouses already have considerable assurance that, if the family were to wish to leave Hong Kong, they would have no difficulty in entering the United Kingdom. Under the Immigration Rules the spouse of a British citizen is entitled to accompany him or her to the United Kingdom for settlement provided that:
i. the primary purpose of the marriage was not to obtain admission to the United Kingdom;
ii. the parties to the marriage have met and intend to live permanently together;
and
iii. the parties can maintain and accommodate themselves adequately without recourse to public funds.
In practice, it is most unlikely that the existing spouse of an expatriate British citizen, who has been working overseas and who is returning to the United Kingdom would not meet these requirements.
We appreciate that there is a concern about the possibility of the spouse of a British citizen being stranded in Hong Kong. This is why the Home Secretary has now expanded the assurance he gave at Second Reading in Another Place. Any widow or widower of British citizens who is resident in Hong Kong at the time of their spouse's death, regardless of his or her nationality, will be allowed to settle in the United Kingdom at any time, either before or after 1997, provided only that he or she has not remarried and is still resident in Hong Kong. This provides the spouses of British citizens who are resident in Hong Kong with a very significant safety net in the event of the British partner's death.
The Lord Tanlaw
/We understand...