TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 92

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

VAID

GVM 340/1

Vr White

PS/Mr Rifkind

Private Secretary

IMMIGRATION RULES:

REVISION

1. ME

2. PA

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HKK 341/4

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Problem

1.

How should the Secretary of State respond to Mr Whitelaw's letter of 10 August to the Lord Chancellor setting out the expected time- table for the forthcoming White Paper (the draft of which he encloses) on proposed changes in the Immigration Rules?

Recommendation

2. I recommend that the Secretary of State agree with Mr Whitelaw's proposed course of action. I submit a draft accordingly. ECD(I), HKGD and NTD and Legal Advisers agree.

Background and Argument

3. As a result of the passage of the British Nationality Act 1981, the present Immigration Rules will need amending in time to come into effect, with the Act, on 1 January 1983. As with previous ches tO the Rules, the Home Secretary intends, before the amendments are laid before Parliament, to publish a White Paper setting out the Government proposals.

4. The principal changes proposed are:

(a)

(b)

Children born in the UK

Children born in the UK on or after 1 January 1983, neither of whose parents is at the time a British Citizen or utblad in the UK, will not themselves be British Citizens. change in the Rules will allow such children to to the leave to enter or remain in this country on the sig į as their parents.

Husbands and Fiancés

ixer

At present, a man does not have the right of setulom a husband or fiancé unless his wife or fiancée is a of the UK and Colonies who was born in the VX, OF BU whose parents was born here. The Rules are being chad to allow husbands and fiancés to join women who are british citizens, providing certain other tests designed in we that the marriage is genuine re met. This change Wa ported by the FCO in earlier correspondence because present rule has been seen, particularly in the Indian Sub- Continent, as a measure of racial discrimination and in has

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