E.R.
The basis of this undertaking is to ensure that the spouse of a
British citizen would not be stranded in Hong Kong in the event
of the British partner's death. Such considerations do not of
course apply where the spouse is already resident elsewhere, or
has citizenship of a third country. In these circumstances, the
widowed spouse of a British citizen would have to qualify for
admission either in his or her own right (for example, as a businessman, a person of independent means or a work permit holder) or as the dependent of a relative who is already settled
here.
Turning now to the nationality position, the British Nationality
(Hong Kong) Bill provides as you know for the grant of British
citizenship to a limited number of key people and their
dependants in both the public and private sectors in Hong Kong.
We concluded that it would not be right to include as part of this package an amendment to the British Nationality Act 1981 to
allow time spent in Hong Kong to count towards the 3 year United
Kingdom residence requirement for the spouses of British citizens
who wish to acquire British citizenship. The whole basis of the
British Nationality Act 1981 is that citizenship, for both men
and women, should involve a period of residence in this country.
For the spouse of a British citizen that period of residence is
3 years and is designed to ensure that the non-British spouse has
some links with the United Kingdom independent of marriage and
that he or she meets the requirements of the 1981 Act in such
matters as their general character.
For the most part, we expect that the wives of expatriate British
citizens will achieve settlement and, eventually, quality for citizenship in the normal way if they, in due course, accompany their husbands to the United Kingdom. However special
arrangements apply for British citizens serving abroad in Crown or designated service. The spouse of such a person can be
naturalised under section 6(2) of the British Nationality Act
1981 without a period of United Kingdom residence if the
employing organisation can show that this would be in its, and the United Kingdom's, interests.