TNAG-0903-FCO40-1113-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 57

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of living substantially below that of their own country. Parents and grandparents under 65, except widows, would not qualify for entry save in the most exceptional compassionate circumstances and certain other close relatives would be in a similar position.

Husbands and fiances

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The amendment made to the Rules in 1974, which entitled women scttled in the UK to bring in husbands and fiances, has been used to open up a channel of primary immigration. The new Rules are in no sense an attack on "arranged marriages" as such, but HM Government is determined to frustrate, so far as possible, the admission of husbands and fiances for whom settlement in the UK is the primary motive in the marriage. The new Rules would provide that, as now, a husband or male fiance will not be admitted for settlement unless he holds an entry clearance.

An entry clearance will be refused if there is reason to believe that the primary purpose of the marriage is to obtain admission to the United Kingdom, that one of the parties does not intend that the couple should live together permanently as man and wife, or that the parties have not met. Where none of these applies, the man will have no claim to admission, but an entry clearance may be issued provided that the wife is a citizen of the United Kingdom and Colonies and was born in the United Kingdom.

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It is certainly not the Home Secretary's intention to keep out of the UK the husband or fiance of a woman who was born in the UK and who has contracted or is about to contract a genuine marriage. Nor has he overlooked the fact that some girls will have been born abroad because their parents were temporarily out of the country at the time of their birth. Sometimes these parents will have been in the service of the Crown or helping to promote the international trading interests of the UK. It is the Home Secretary's intention to consider such cases sympathetically for favourable treatment outside the Rules.

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Husbands and fiances who have already applied for entry clearance will be dealt with on the basis of the existing Rules, but the new Rules will be applied to men who apply after the date of publication of the White Paper and whose applications have not been dealt with before the new Rules come into operation.

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