TNAG-1188-FCO40-1490-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 24

53. A man holding an entry clearance issued under the preceding para- graph should, subject to paragraph 13, be admitted for 3 months and advised to apply to the Home Office once the marriage has taken place for an extension of stay. A prohibition on employment should be imposed.

54. A man seeking limited leave to enter the United Kingdom for marriage to a woman settled here may be admitted only if the Immigration Officer is satisfied that the marriage will take place within a reasonable time; that the passenger and his wife will leave the United Kingdom shortly after the marriage; and that the requirements of paragraph 17 are met. Where the Immigration Officer is so satisfied, the passenger may be admitted for 3 months, with a prohibition on employment.

Fiancées

55.

A woman seeking to enter to marry a man settled in the United Kingdom should be admitted if the Immigration Officer is satisfied that the marriage will take place within a reasonable time and that adequate mainte- nance and accommodation will be available, without the need to have recourse to public funds, both before and after the marriage. She may be admitted for a period of up to 3 months subject to a condition prohibiting the taking of employment and should be advised to apply to the Home Office for an extension of stay once the marriage has taken place.

Returning Residents

56. A Commonwealth citizen who satisfies the Immigration Officer that he was settled in the United Kingdom at the coming into force of the Act, and that he has been settled here at any time during the 2 years preceding his return, is to be admitted for settlement. Any other passenger returning to the United Kingdom from overseas (except one who received assistance from public funds towards the cost of leaving this country) is to be admitted for settlement on satisfying the Immigration Officer that he was settled in the United Kingdom when he left and that he has not been away for longer than 2 years.

57. A passenger who has been away from the United Kingdom too long to benefit from the preceding paragraph may nevertheless be admitted if, for example, he has lived here for most of his life.

58. A passenger whose stay in the United Kingdom was subject to a time limit and who returns after a temporary absence abroad has no claim to admission as a returning resident. His application to re-enter should be dealt with in the light of all the relevant circumstances. The same time limit and any conditions attached may be reimposed or it may be more appropriate to treat him as a new arrival.

PART V: NATIONALS OF EEC COUNTRIES

Introductory

59. Paragraphs 60-63 apply only to nationals of Belgium, Denmark, France, the Federal Republic of Germany, Italy, Luxembourg and the

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