TNAG-0660-FCO40-809-Implications-for-Hong-Kong-of-changes-in-British-nationality-1977 — Page 76

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consider that as a general rule a new British Citizenship should not be transmitted beyond the first generation born abroad, but they recognise that some circumstances might justify exceptions.

(a)

47.

Citizenship by voluntary act

The present arrangements for acquiring citizenship by voluntary act, for example, registration and naturalisation, are extremely com- plicated and varied. Some people have an outright entitlement to registration

notably women who are, or who have at any time been, married to citizens of the United Kingdom and Colonies, and Commonwealth citizens who have been settled here continuously since 1 January 1973 and have completed 5 years' ordinary residence. Others can be granted citizenship at the discretion of the Home Secretary, provided they meet various conditions relating to residence, good character, knowledge of the language, and intentions as to residence in the United Kingdom; these include all foreign nationals and those Commonwealth citizens who do not qualify for citizen- ship as an entitlement. (There are special provisions for Pakistanis to be treated for a limited time as if they were still Commonwealth citizens when applying for citizenship). There is also provision for Irish citizens and for stateless persons connected with this country, and for certain people who have renounced citizenship of the United Kingdom and Colonies to resume it. The Home Secretary has virtually unrestricted powers to register any minor child as a citizen of the United Kingdom and Colonies, at his discretion. The discussion that follows does not cover all these various categories but concentrates on the areas where there are special problems.

Citizenship by virtue of marriage

48.

As indicated above, under our present law, women who have at any time been married to citizens of the United Kingdom and Colonies are entitled to acquire their husband's citizenship, on application. But men married to women citizens of the United Kingdom and Colonies have no such right to their wives' citizenship; they must apply in the usual way for registration or naturalisation.

49.

This runs contrary to the Government's general policy of ending discrimination between the sexes. But there is considerable room for argument on how changes might be made. Registration on these grounds under the present law gives a woman the right of entry to the United Kingdom, and to extend the right to men in the same way would have inevitable repercussions on immigration; in particular the possibility that bogus marriages might thereby be encouraged cannot be ignored. It is of interest that some other countries which have granted husbands rights similar to those enjoyed by wives to acquire nationality by virtue of marriage (for example, West Germany, Denmark and the USA) have found it necessary to place some restriction on the right to acquire citizenship in this way, e. g., by a qualifying period of residence.

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