TNAG-1083-FCO40-1333-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 76

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Mr Clift, HKGD (K 246)

Сс Mr Jones, NTD

Reference. GVM. 286/1.....

акк

oli

340

RELIVED IN REGISTRY RO. 51

DES

2 1 APR 1981

(222A)

HONG KONG STUDENTS: ORDINARY RESIDENCE IN THEN UK

REGISTRY

iction Taken

1.

Your minute of 6 April to Wilf Jones me for reply.

n NTD has flon p

sed to

2.

The information contained in Hong Kong Government telegram No 445 is essentially correct. However, I have asked the Home Office about paragraph 2, which, I think, goes slightly beyond the intentions of the 1971 Immigration Act.

3. In view of their commitment to reduce immigration, it is most unlikely that the Government would wish to do anything to improve the position of students in establishing residence in this country. One of the objectives of the revised Immigration Rules was to make this more difficult. The clear intention is that those who enter the country for temporary purposes (including students) should leave at the end of that temporary period. (See, particularly in this connexion, paragraphs 90 and 97 to 100 of the Statement of Changes in Immigration Rules.)

4.

You will see that all 3 judgements referred to in Mr Chan's note hinged on the definition of 'ordinarily resident'. Of the 3, the only one not successful was Jitendra Shah, who entered this country specifically as a student with the intention of returning to his own country on completion of his studies. The courts held that the term 'ordinarily resident' is used to distinguish between persons who are resident for general purposes and those who are resident for specific or limited purposes (as was Jitendra Shah). The Home Office take the same view, so no student would normally be considered to be 'ordinarily resident' for immigration purposes.

5. Patriality is synonymous with right of abode in the UK. It can be obtained in several ways, of which descent is one. Precise details are set out in the 1971 Immigration Act. Some UK passports indicate that the holder has right of abode in UK. Holders of UK passports without this indication and other Commonwealth and foreign passport holders who prove their claim to patriality may have certificates of patriality inserted in their passports.

chul.

D W Partridge

see/ 310

Migration & Visa Dept CL408

14 April 1981

Mr. Willumsen

Fee (224

226

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