TNAG-1482-FCO40-2036-Economic-and-commercial-value-of-Hong-Kong-to-the-UK-1986 — Page 76

whose mother is dead; and the father as well as the mother of an illegitimate child. It may also include a person who is not a parent, but only where there has been a genuine transfer of parental responsibility to that person on the ground of the parents' inability to care for the child.

129.

A child will qualify for leave to remain under paragraph 128 irrespective of any requirements elsewhere in these rules which would otherwise apply as to maintenance and accommodation, and as to the presence in the United Kingdom of both parents.

130. Where a child is applying for leave to remain with a parent who is a British citizen or has the right of abode in the United Kingdom though not a British citizen, the leave granted under paragraph 128 should be indefinite leave to remain. Indefinite leave to remain should be granted in any case where the parental rights and duties in relation to the child are vested solely in a local authority.

131. A child may also be given leave to remain if he qualifies under any other paragraph of Section Two of these rules. For this purpose, if the child has not previously been granted leave to enter he should be treated in the same way as if he had been admitted in a temporary capacity.

Holders of restricted travel documents and passports

132. 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

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

(a) approved employment;

(b) permit-free employment as described in paragraphs 31, 32 and 33(b)

and (e);

(c) to set up in business;

(d) in self-employment;

(e) as a writer or artist;

(f) as a person of independent means,

Such a person may have the time limit on his stay removed if he has remained here in that capacity for 4 years. Applications for removal of the time limit are to be considered in the light of all the relevant circumstances including those set out in paragraph 97 and, in the case of a person in employment, whether the employer wishes to continue to employ him. Applications for variation of leave to enter or remain with a view to settlement may also be received from persons given leave to enter or remain otherwise than for the purposes eet out ab

་་

but permission in such cases has to be limited to close relatives of persons who are settled in the United Kingdom. Particulars are set out in paragraphs 42-49.

Asylum

134. A person may apply for asylum in the United Kingdom on the ground that, if he were required to leave, he would have to go to a country to which he is unwilling to go owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. Any such claim is to be carefully considered in the light of all the relevant circumstances.

Right of abode

135. A Commonwealth citizen who has been given limited leave to enter may later claim to have the right of abode. If such a person establishes a claim to the right of abode, for example by showing that immediately before the commence- ment of the 1981 Act he was a Commonwealth citizen born to a parent who at the time of the birth had citizenship of the United Kingdom and Colonies by his birth in the United Kingdom or in any of the Islands, and the person has not ceased to be a Commonwealth citizen in the meanwhile, the time limit on his stay should be removed. If the application is refused, the person should be notified of the right of appeal against refusal of a certificate of entitlement.

Registration with the police

136. A foreign national given limited leave to enter may be subject to a condition requiring him to register with the police. When a foreign national on whom this condition was not imposed on arrival is granted an extension of stay which has the effect of allowing him to remain in the United Kingdom for employment for longer than 3 months or otherwise for longer than 6 months, reckoned from the date of his arrival, a condition requiring registration should be imposed unless he is under the age of 16, or the extension of stay is for employment of a kind mentioned in paragraphs 31(a), 32, 33(a) or 34.

137. In response to applications for removal of the condition requiring registration it should be explained that this condition lapses when the time limit on the applicant's stay is removed, but will not be revoked before then.

Procedure

138. When leave to enter is varied an entry is to be made in the applicant's passport or travel document (and in his registration certificate where appro- priate) or the decision may be made known in writing in some other appropriate way.

NATIONALS OF EUROPEAN COMMUNITY COUNTRIES AND THEIR FAMILIES

Introductory

139. The provisions in Section Two of these Rules apply to a person admitted in accordance with Part VI of these Rules only to the extent permitted by Com-

rity.

ond

zgra ).

ee 1.

ote 1.