TNAG-1224-FCO40-1537-Visits-to-the-UK-by-official-and-unofficial-members-of-the-E-1983 — Page 134

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00 UKREP BRUSSELS

FLAG D

Ordinay

Residence

GRS 561

RESTRICTED

FM FCO 271615Z APR 83

TO IMMEDIATE CERTAIN MISSIONS AND DEPENDENT TERRITORIES

TELEGRAM NUMBER GUIDANCE 57 OF 27 APRIL

MY GUIDANCE TEL NO 045 OF 29 MARCH: OVERSEAS STUDENTS: JUDGEMENT ON DEFINITION OF ORDINARY RESIDENCE

1.

THE GOVERNMENT HAVE NOW INTRODUCED A BILL TO RESTORE THE POSITION OF OVERSEAS STUDENTS TO WHAT IT WAS UNDERSTOOD TO BE BEFORE THE LORDS' JUDGEMENT ON 16 DECEMBER 1982.

2.

A SECOND READING DEBATE WILL TAKE PLACE IN THE HOUSE OF COMMONS AT ABOUT 1800Z WEDNESDAY 27 APRIL AND MR WALDEGRAVE'S SPEECH INTRODUCING THE BILL WILL EMPHASISE THE FOLLOWING: (A) THE SERIOUS CONSEQUENCES FOR INSTITUTIONS AND FOR PUBLIC

EXPENDITURE · AND MUCH UNCERTAINTY ON THE PART OF THE STUDENTS THEMSELVES IF THE GOVERNMENT DID NOT SEEK TO HAVE THIS LEGISLATION ENACTED BEFORE THE NEXT ACADEMIC YEAR

BEGINS:

(B)

THE LORDS' RULING MEANS THAT A STUDENT'S ORDINARY RESIDENCE ALONE IS NO LONGER A SUFFICIENT TEST BY ITSELF TO ALLOW THE GOVERNMENT TO MAINTAIN THE POLICIES WHICH HAVE BEEN

PURSUED FOR MANY YEARS:

(C)

UNDER THE BILL, THE BASIC TEST WILL CONTINUE TO BE ORDINARY RESIDENCE (AS NOW DEFINED BY THE LORDS) BUT EXCEPTIONS WILL BE SPECIFIED (A) TO ALLOW EC STUDENTS TO BE TREATED AS HOME STUDENTS AND (B) TO EXCLUDE FROM TREATMENT AS HOME STUDENTS THOSE WHO HAVE BEEN IN THIS COUNTRY ONLY OR MAINLY FOR THE PURPOSES OF RECEIVING FULL-TIME EDUCATION.

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RESTRICTED

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