CONFIDENTIAL

32

140300

MDHOAN 2327

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1315

OF 111315Z JULY 90

340/4/5

554

ARCO 24018. ако

RECEIVED IN REGISTRY

17 JUL 1990

DESK FICER

INDE>

PA

REGISTRY

TOP COPY DIST?

urion Taken

MIPT AND YOUR LETTER OF 11 MAY: SPOUSES OF UK CITIZENS

1 MR MAUDE HAS TAKEN UP THIS ISSUE WITH MR LLOYD, DRAWING ON THE ARGUMENTS IN YOUR LETTER OF 11 MAY TO ME.

2. MR LLOYD HAS NOW REPLIED, MAKING THE FOLLOWING POINTS:

(A) FOR THE SPOUSE TO BE ELIGIBLE FOR NATURALISATION UNDER SECTION 6(2) OF THE BNA, THE BRITISH CITIZEN'S RECRUITMENT TO THAT CROWN OR DESIGNATED SERVICE MUST HAVE TAKEN PLACE IN THE UNITED KINGDOM. BRITISH CITIZENS RECRUITED LOCALLY ARE NOT ELIGIBLE.

(B) UNDER PRESENT POLICY THE HOME OFFICE WOULD NOT NORMALLY EXPECT TO GRANT SUCH APPLICATIONS EXCEPT WHERE THE MARRIAGE HAS SUBSISTED FOR THREE YEARS: WHERE THE SPOUSE COULD NOT MEET THE UNITED KINGDOM RESIDENCE REQUIREMENT IN THE FORESEEABLE FUTURE: AND WHERE THE EMPLOYING ORGANISATION COULD DEMONSTRATE THAT GRANTING THE APPLICATION WOULD BE IN THE INTERESTS OF THE ORGANISATION AND ITS SERVICE TO UNITED KINGDOM INTERESTS. THE MARRIAGE LASTED FOR LESS THAN THREE YEARS THE HOME OFFICE WOULD NORMALLY LOOK FOR COMPELLING OPERATIONAL OR SECURITY REASONS TO JUSTIFY NATURALISATION IN ADVANCE OF A PERIOD OF UNITED KINGDOM RESIDENCE.

WHERE

(C) THIS RESTRICTIVE POLICY IS CONSISTENT WITH THE GENERAL PRINCIPLE OF THE BNA 1981 THAT APPLICANTS MUST NORMALLY COMPLY WITH THE RESIDENCE REQUIREMENT. THE HOME SECRETARY MAY WAIVE THE RESIDENCE REQUIREMENT IF HE THINKS FIT QUOTE IN THE SPECIAL CIRCUMSTANCES OF ANY PARTICULAR CASE UNQUOTE. BUT EACH CASE MUST BE CONSIDERED ON ITS MERITS. THE HOME OFFICE COULD NOT, GUARANTEE BLANKET APPROVAL FOR HONG KONG CASES AS A CLASS.

3. MR LLOYD GOES ON TO SAY THAT WHAT YOU ARE SEEKING IS A RELAXATION IN PRESENT POLICY: AND BEFORE THE HOME OFFICE COULD REACH A DECISION ON THAT, THEY NEED MORE INFORMATION ABOUT WHAT THE IMPLICATIONS OF EXISTING POLICY, AND WHAT SORT OF RELAXATION

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