TEXT
GREEN PAPER ON NATIONALITY
Paragraphs 21 and 22
Query
Is it reasonable to assume that those CUKCs from Hong Kong who have been accepted for residence/employment in the United Kingdom and who satisfy, or subsequently satisfy, any residential requirement, will be eligible to acquire British citizen status? This could affect a significant number, (perhaps 50,000), of Hong Kong citizens of the United Kingdom and Colonies who are at present working in the UK.
Answer
The qualifications and procedures for naturalisation after the operative date of new legislation have not been even tentatively settled, and it is therefore not possible to give any direct assurance in response to the query on these paragraphs. However, we see no reason to expect that the sort of residential qualifications and other considerations relevant to applications at present under Sections 5A(2) and 10(1) of the BNA 1948 would be replaced by a radically different set of requirements. Thus, at present, we see no reason why the CUKCs you mention should not, as British overseas citizens, be or become, eligible to apply for British citizenship.
Paragraph 29
Query (a)
Would this mean a CUKC from Hong Kong who has resided in the UK for five years, but who has since returned to Hong Kong, can retain his right of entry to the United Kingdom?
Answer
The people described in subparagraph (iii) are CUKCS who have the right of abode under Section 2(1)(c) of the Immigration Act 1971. Some of them will not meet the sort of residence qualifications touched upon in general terms in paragraph 22 of the Green Paper, and there is a suggestion at the end of paragraph 29 that they might, as British overseas citizens, be allowed to retain their present right of entry for their life times.
Query (b)
Would future BOCs from Hong Kong be able to obtain a right of entry to the UK by accumulating five years residence in the UK after the enactment of new nationality legislation?
CONFIDENTIAL
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