TNAG-0903-FCO40-1113-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 35

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369

Immigration

4 DECEMBER 1979

place purely to secure entry and then collapses. That is dealt with under the present rules, if somewhat imperfectly. We are talking about marriages that may last but are merely for the purpose of immigration. This happens at present, and the question that we had to face was how to deal with it.

In our manifesto we talked of going

back to the 1969-74 approach to this

problem. Broadly that was the approach

of blocking the lot. On examination we felt that this was not the right answer. For one thing, the hardship provision, which was an ingredient of the old rules, and which meant that girls did not have to live abroad if it meant a lower stan- dard of living, was not really workable in current circumstances. At the same time we had to face the fact that nowadays it is unacceptable to stop British-born girls who marry men from overseas, from living here. There is no doubt that throughout the country that point of view has been put over very strongly and we have had to take account of it.

The same applies to British girls who have been born overseas fortuitously. My right hon. Friend has made it clear that he understands this problem well and that he proposes to alter the draft rule to ensure that these girls will count as British-born in this respect as long as one of their parents is a United Kingdom and Colonies citizen who was born here. My right hon. Friend is anxious that any anxieties that exist on this matter should not continue, because we are determined to meet the problems. It may well be that others will have to be dealt with under discretion, because it is difficult to shape the rules. But the situation of daughters of Crown servants, business men,and so on, will be considered sym- pathetically.

The point has been raised about the dis- tinction between those citizens of the United Kingdom and Colonies who are born here and those who are born over- seas but are registered or naturalised citizens of the United Kingdom and Colonies. In putting forward these pro- posals we are recognising essentially that those who have always had a substantial connection with this country and who see it as their country of origin, will be able to bring in their husbands. If we said that all citizens of the United Kingdom

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Immigration

370

and Colonies could bring in their hus- bands that would effectively permit the bulk of husbands and male fiances to come in.

After all, all girls who are settled here, even if they are not at present citizens of the United Kingdom and Colonies, would in time be able to register or be naturalised. Therefore, to

adopt this approach would be virtually

meaningless.

I must stress that Asian girls born in this country who are citizens of the United Kingdom and Colonies are in exactly the same position as white girls born here. Obviously the numbers of those will increase as the years go by.

Some hon. Members inclined to the view that our proposals are in some way more sympathetic to the Asian com- munity. I stress that compared with the 1969-74 situation our new proposals mean that more Asian girls will be able to bring in their husbands, provided that they meet the marriage or immigration conditions.

It is argued that our proposals should be the same for both sexes. But, if we

are

to tackle immigration problems through marriage, this is not possible under existing legislation. Section 2(2) of the Immigration Act 1971 provides that women citizens of the United Kingdom and Colonies marrying men with the right of abode in this country thereby acquire that right of abode themselves. However, the opposite is not Secondly, under the British Nationality Act 1948 any wife of a citizen of the United Kingdom and Colonies may also register as a citizen and acquire abode if her husband is patrial under the 1971 Act. Thirdly, under the 1971 Act the wires of Commonwealth citizens here before 1

true.

January 1973 have their pre-1973 position preserved. All these conditions apply only to wives. On the other hand, it is obvious that they would, in effect also apply to female fiancees who would have the chance to marry and secure the status which is secured by this legislation. Therefore, it is very difficult to produce something that is identical for the two

sexes.

What about the criticism put forward that we are in some way attacking the culture of the sub-continent by our con- ditions which restrict marriage for immi- gration purposes? I believe that funda- mentally this restriction on marriage for