TNAG-0980-FCO40-1199-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 128

Appendice

COMIDENTIAL

and hese should not prejudice his residential, qualification." But if during the qualifying period his absences are excessively frecuer and/or long, he cannot be accepted as having thrown in his lot with the UK. It should also be put beyond doubt that an applicant ought not to be entitled to benefit from having entered the country illegally or having exceeded his permitted period of stay.

In

7. It is not thought that either "residence" or "ordinary residence" by itself will provide a satisfactory criterion. particular some definitions of the meaning of "ordinary residence" in areas of the law such as income tax and responsibility for wife

maintenance would produce unfortunate results. Kor can much

reliance be placed on defining a person's qualification by reference

to his physical presence in this country because precise dates of

arrival and departure are not comprehensively recorded. It is

therefore suggested, subject to the craftsman's views, that the

most satisfactory course would be to use the term "residence" in

company with provisions indicating the circumstances which are not

to be counted. Alternatively, it is for consideration whether a

new term might be devised with a acre permanent flavour - one night

for example talk of a person "living" the United Kingdon but

whatever the expression used we think it necessary to spell c:t

the circumstances which are to be excluded.

―

8. The following should not count as califying residence.

(a) Any period spert in the United Kingdom in contravention

of the immigration laws after entering illegally should

not count; and any period srent here before that (whether

or not it was laxful) should also not count.