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PART 1:
General
INTRODUCTION
1.
The Government will lay a statement of new Immigration Rules before
Parliament shortly, which will come into effect on 1 January 1983, at
the same time as the British Nationality Act 1981. The changes proposed
are incorporated in the draft Rules which are in Part II of this White Paper.
The Government will provide an opportunity in the near future for Parliament
to debate their proposals before the new Rules are laid. The changes
proposed in the Rules are italicised in the draft Rules in Part II.
Children born in the United Kingdom
2.
The draft Rules make provision for children born in the United Kingdom
on or after 1 January 1983 when the British Nationality Act 1981 comes into
force, who are not British citizens because at the time of their birth neither
of their parents is a British citizen or settled in the United Kingdom.
Such children, or their parents on their behalf, would be able to apply for
leave to remain if they wished to regularise their position;
and they would have to obtain leave to enter if they left the country and sought readmission. They would normally be given leave to enter or remain for the same period as their parents (paragraphs 58A- 58G and 117A- 117E).
Husbands and Fiances
3.
The draft Rules would allow a husband or fiance to be accepted for settlement if his wife or fiancee was a British citizen, subject to
certain tests, which are in the present Rules, being satisfied (the main tests are that the marriage must not have been contracted primarily for immigration purposes; it must be subsisting that the parties must have met) (paragraphs 50, 52 and 117). At present a man is not accepted for
wife or settlement as a husband or fiance unless his fiancee is a citizen of the United Kingdom and Colonies who was born here or one of whose parents was
born here.
The present Rules were drafted at a time when British nationality law contained no satisfactory definition of persons with a close connexion
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