TNAG-1194-FCO40-1496-UK-immigration-rules-affecting-Hong-Kong-1982 — Page 6

CONFIDENTIAL **

For information

(26.10.82)

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XCCI(82)53 Copy No-

NOTE FOR EXECUTIVE COUNCIL

REVISED UNITED KINGDOM IMMIGRATION RULES

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The Foreign and Commonwealth Office advised earlier 1

this week that a White Paper, containing proposals for some changes in the U.K. Immigration Rules governing entry to Britain, will be published in London on 25 October 1982. The proposed changes are likely to be debated in Parliament in November 1982 prior to the new Rules taking effect from 1 January 1983.

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The purpose of this Note is to advise Members of the principal proposed changes and their implications for Hong Kong.

Children born in the U.K.

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As a result of the British Nationality Act 1981 children born in the U.K. on or after 1 January 1983 neither of whose parents is at the time of birth a British citizen

BC) or settled (see footnote 1) in the U.K. will not have the right of abode in the U.K. These children would not require permission to remain in the U.K. but could, on application, be granted it, and they would require permission to re-enter after leaving the U.K. The proposed changes will allow these children to be given leave to enter or remain in the U.K. on the same terms as their parents.

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This means that children born in the U.K. to parents from Hong Kong, neither of whom is settled in the U.K. for example students and visitors, will not have the right of abode there and will not have an automatic right of re-entry should they leave the U.K. for any reason. These changes are a direct result of the British Nationality Act 1981 which provides, generally, that only BCs will have the right of abode in the U.K.

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Settled' means being ordinarily resident without any restriction on the period of stay; Hong Kong people in the U.K. generally achieve this status after four years' ordinary residence there.

G.S. 166

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