TNAG-1083-FCO40-1333-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 73

CODE 18-77

SS 8/78

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Reference

GVM 286/3

3011

(221

Mr Clift, HKGD

Сс Mr Jones, NTD

AKK 28072

BRUNYA R4 ALBASTRY NO. 51

2 1 APR 19

D&S

HONG KONG STUDENTS: ORDINARY RESIDENCE IN THE UK

FA

میں

REGISTRY Action Taken

PEM 711 1. In my minute of 14 April I told you that I had asked the Home Office about paragraph 2 of Hong Kong Government Office telegram No 445.

2.

We have now received the Home Office's view which again hinges on the definition of ordinary residence'. As you know, the Courts have held that somebody who has come here and remained purely as a student is not ordinarily resident'. The Home Office view is that a student who arrived in the UK prior to 1.1.73, the date of the coming into force of the 1971 Immigration Act, would have had his landing restrictions removed after 5 years but this would not entitle him to claim right of abode under the Act. This is because the Act requires somebody claiming right of abode under section 2(1)c to have been 'ordinarily resident' for 5 years or more.

16 April 1981

Mr Williamon

але

D W Partridge MVD

CL 408

see (310

Pl. avoider. We must but Mr. Ford know,

(Fu 226)

21/2

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