TNAG-0903-FCO40-1113-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 121

F.

CONFIDENTIAL

IMMIGRATION RULES: THE UK-BORN GRANDPARENT ́PROVISION

Introduction

This paper sets out the background to the provision in the Immigration Rules which permits Commonwealth (but not foreign) citizens with a UK-born grandparent to enter." the UK to seek employment, and reviews the arguments for and against its retention.

Origin of provision

2. On 22 November 1972, the House of Commons declined to approve the Immigration

Rules which had been laid by the then Conservative Government under the recently

enacted Immigration Act 1971. Those supporters of the Government who voted against the Rules felt that the connection with the Old Commonwealth had not been adequately recognised particularly as Old Commonwealth citizens would thereby have been placed in a less favourable position than citizens of the EEC, to which the UK had then recently acceded. To meet this view, the Government made amendments to the Rules, including the provision which is the subject of this submission.

The new Rules were laid before Parliament and came into force in January 1973.

3. The relevant paragraph (27 of the Rules for Control on Entry of Commonwealth Citizens) provides that a Commonwealth citizen who can prove that one of his or her grandparents was born in the United Kingdom and Islands (which includes birth in Southern Ireland before 31.3.1922) should be granted entry clearance to come here

to take or seek employment without a work permit. Broadly speaking, such people

are admitted for settlement on arrival.

4. People admitted under this provision remain subject to immigration control, and way, for example, be deported. (In Committee, the House of Commons had earlier

removed from the Immigration Bill a clause which would have had the effect of

extending patriality to such people. The amendment was tabled by Mr Enoch Powell and Sir George Sinclair, apparently because of their opposition to the concept of patriality, and belief that if it was to exist it should be limited to the first generation born abroad).

5. The provision has not since been a source of political controversy of the kind

associated with other areas of the control. It has, however, been criticized on

grounds of equity, and is open to criticism on grounds of numbers and practical

impact.

CONFIDENTIAL