TNAG-1083-FCO40-1333-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 97

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NOTE FOR EXECUTIVE COUNCIL

ORDINARY RESIDENCE UNDER THE UK IMMIGRATION ACT 1971 fas istu

میلا

At the meeting on 17th March 1981, Mr T.S. LO brought to Members' notice a change in the interpretation of "ordinary residence in the United Kingdom under the Immigration Act 1971 which was being applied. This note sets out the present position.

Background

2

(a)

(b)

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The matter concerns Hong Kong students who:

are Citizens of the United Kingdom and Colonies (CUKC) based in Hong Kong;

had lived in the UK for five years or more;

(c)

had all conditions of stay there removed; and

MAS

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(d)

had subsequently returned to Hong Kong to live.

Under the UK Immigration Act 1971 a person has the right of abode in the UK if he is a CUKC who has at any time been settled in the UK and had at that time been ordinarily resident there for the last 5 years or

more.

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"Settled" is defined in the Act and means without being subject to restrictions under the immigration laws. A Hong Kong CUKC student coming to the UK before 1st January 1973 (i.e. before the Immigration Rules 1973 came into operation) could apply to have all conditions of stay removed at the end of 4 years' stay in the UK. (Under the 1973 Rules this is no longer possible for Hong Kong students arriving in the UK since 1st January 1973 and after 4 years they are required to apply for further extensions of stay from time to time).

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"Ordinarily resident" is not defined under the Act. However, it is an expression that has been considered by the Courts in the UK over the years and the Home Office, in administering the Act, applies the tests laid down in

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