TNAG-0903-FCO40-1113-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 123

E.R.

Practical impact

CONFIDENTIAL

9. Unlike an applicant for a work permit, a person who qualifies under paragraph 27 does not need to have definite employment in prospect. He or she may enter the UK to compete on equal terms in the job market with those already settled here, or to be supported at public expense. We have no evidence that the latter abuse is prevalent, but we know of individuals who on arrival have successfully claimed Social Security benefits and in one case (involving a New Zealand family) local authority housing under the Housing (Homeless Persons)

Act 1977.

10.

The case for removing this mode of entry to the domestic employment market

is arguably stronger now than in 1973, since the numbers admitted continue to rise.

It would be possible in doing so to retain some form of preferential treatment for those who now qualify under the provision (for example a quota).

Other criticisms

11.

The provision has been criticised as wrong in principle. The Select Committee on Race Relations and Immigration in its Report last year stated (Recommendation 14)

that "The Government should recognise that, to establish a right of abode or to be

granted indefinite leave, the relationship with a grand parent born in the United

Kingdom is too remote generally to justify special treatment under the Immigration

provisions". The previous Government's reply indicated that the position of

Commonwealth citizens with UK-born grandparents would be considered when its proposals for a new nationality law were published.

6

12. It is currently proposed that the Nationality Bill should limit transmission of British citizenship (which may now be transmitted indefinitely to children born in foreign but not Commonwealth countries by registration within a limited period at a British Consulate) to the first generation born abroad. It is also envisaged that only British citizens will acquire the right of abode. If these proposals are implemented, retention of the concession in the Immigration Rules for Commonwealth citizens with a UK-born grandparent would become harder to defend.

It is already arguable that the benefit to be derived from UK ancestry should be

the same, whether birth is in a Commonwealth or a foreign country.

If the new

nationality and patriality provisions are made, children born abroad of British

citizens born abroad would have no right to British citizenship and consequently,

CONFIDENTIAL