TNAG-1188-FCO40-1490-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 21

PART IV: PASSENGERS COMING FOR SETTLEMENT

United Kingdom passport holders

41. Where the passenger is a citizen of the United Kingdom and Colonies holding a United Kingdom passport, and presents a special voucher issued to him by a British Government representative overseas (or an entry clearance in lieu), he is to be admitted for settlement, as are his dependants if they have obtained entry clearances for that purpose and satisfy the requirements of paragraph 42; but such a passenger who comes for settlement without a special voucher or entry clearance is to be refused leave to enter.

Dependants: general provisions

42. This paragraph and paragraphs 43-49 cover the admission for settle- ment of the dependants of a person who is present in the United Kingdom and settled here, or who is on the same occasion given indefinite leave to enter. In all such cases (except those mentioned in the last sentence of this paragraph) that person must be able and willing to maintain and accommodate his dependants without recourse to public funds in accommodation of his own or which he occupies himself and he should give an undertaking in writing to this effect if requested. This requirement does not apply to the admission of the wife, or a child under the age of 18, of a Commonwealth citizen who has the right of abode or was settled in the United Kingdom on the coming into force of the Act.

43. In addition, a passenger seeking admission as a dependant under this Part of the rules must hold a current entry clearance granted to him for that purpose.

Wives

44. The wife of a person who is settled in the United Kingdom or is on the same occasion being admitted for settlement is herself to be admitted for settlement if the requirements of paragraphs 42 and 43 are satisfied. A member of HM Forces based in the United Kingdom but serving overseas should be regarded for this purpose as being in the United Kingdom.

45. A woman who has been living in permanent association with a man has no claim to enter but may be admitted, subject to the requirements of paragraphs 42 and 43, as if she were his wife, due account being taken of any local custom or tradition tending to establish the permanence of the associa- tion. A woman is not, however, to be admitted under this provision unless any previous marriage by either party has permanently broken down. Nor may she be admitted if the man has already been joined by his wife, or another woman admitted under this paragraph, whether or not the relationship still subsists.

Children

46. If the requirements of paragraphs 42 and 43 are satisfied, children. under 18, provided that they are unmarried, are to be admitted for settlement

(a) if both parents are settled in the United Kingdom, or

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