TNAG-1188-FCO40-1490-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 37

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

graph 117, if the marriage takes place within that period the man's stay should be extended for a further period not exceeding 12 months. Where an extension is granted any prohibition on the taking of employment should be removed and, subject to paragraph 117, the time limit should be removed at the end of that period. If the marriage does not take place within the initial 3 months an extension of stay is to be granted only if good cause is shown for the delay and there is satisfactory evidence that the marriage will take place at an early date thereafter. Subject to paragraph 117, a man who was admitted for a limited period as the husband of a woman settled here may have the time limit removed at the end of that period.

117. Where a man admitted in a temporary capacity marries a woman settled here, an extension of stay or leave to remain will not be granted, nor will any time limit on stay be removed, if there is reason to believe:

(a) that the marriage was entered into primarily to obtain settlement here;

or

(b) that the parties to the marriage have not met; or

(c) that the husband has remained in breach of the immigration laws before

the marriage; or

(d) that the marriage has taken place after a decision has been made to deport him or he has been recommended for deportation or been given notice under section 6(2) of the Immigration Act 1971; or

(e) that the marriage has been terminated; or

(f) that one of the parties no longer has any intention of living permanently

with the other as his or her spouse.

Where there is no reason to believe that any of (a) to (f) applies, the husband will be allowed to remain, for 12 months in the first instance, provided that the wife is a citizen of the United Kingdom and Colonies who was born in the United Kingdom or one of whose parents was born there. At the end of the 12 months period the time limit on the husband's stay may, subject to (a) to (f) above, be removed.

Holders of restricted travel documents and passports

118. The holder of a passport or travel document which is endorsed with a restriction on the period for which he may remain outside his country of normal residence is not to have his stay in the United Kingdom extended beyond the period of his authorised absence. And if a person's permission to enter another country is limited his stay in the United Kingdom should not be extended to come nearer than 2 months to the expiry of that permission. This paragraph does not apply to a person who qualifies for removal of the time limit of his stay.

Settlement

119. This paragraph applies to persons who were admitted or allowed to remain for one of the following purposes:

(a) approved employment;

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