TNAG-1082-FCO40-1332-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 45

"RITISH NATIONALITY BILL

HOUSE OF COMMONS COMMITTEE STAGE

NOTES ON AMENDMENTS

Mr Timothy Raison

Page 7, line 3, leave out clause 7..

7/7/3 ()

GOVERNMENT AMENDMENT

Effect of the amendment

1.

The effect of the amendment would be that clause 7 would not stand part of the Bill.

Government Line

2. The Government has now tabled a new clause, new clause 9, which would overlap to a large extent with clause 7. Since virtually all who would benefit under clause 7 could also benefit under new clause 9 it would seem sensible to drop clause 7.

Speaking Note

3.

1

Clause 7 relates to citizens of the United Kingdom and Colonies, British subjects. and British protected persons who have been ordinarily resident in the United Kingdom before commencement. The clause sets out the conditions on which they shall be entitled to be registered as British citizens after commencement. Under the present

law, a citizen of the United Kingdom and Colonies subject to immigration control becomes patrial under section 2(1)(c) of the Immigration Act 1971, if he has at any time been settled in the United Kingdom and Islands and had at that time and while such a citizen been ordinarily resident for the last five years or more.

4.

Clause 7 provides for the people to whom it relates to be registered if application is made within six (in some circumstances, eight) years of commencement. The Secretary of State would have to be satisfied that the applicant had been settled in the United Kingdom from commencement to the date of the application and had at the date of the application been ordinarily resident here for five years or more.

5.

Clause 7, in other words, preserves, for six to eight years after commencement, the current right of citizens of the United Kingdom and Colonies subject to immigration control to acquire the right of abode (albeit by registration rather than

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