TNAG-1849-FCO40-2624-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 140

16.

To give the entire non-ethnic Chinese community an unrestricted right to

come here either before or after 1997 would, in the Government's view,

constitute an unacceptable commitment for the future. The commitment which has been given constitutes a fair safeguard for anyone who may face genuine difficulties, after 1997, in being allowed to retain his right of abode in

Hong Kong.

Citizenship

General requirements

17.

The British Nationality Act 1981 based British citizenship firmly on a

residential link with the UK. Apart from those who are in Crown service abroad (see paragraphs 23-26 below) there is no provision in the Act for granting citizenship to anyone who does not have that residential link.

18. An applicant for British citizenship must by law have been in the UK on the exact date 5 (or, if he or she is married to a British citizen, 3) years before the date of the application, and must on the date of the application be free of any restriction on his stay under the immigration laws. There is no flexibility on either of these 2 requirements.

19. Provided they are met, however, there is flexibility as regards the other requirements set out in nationality law. The law expects an applicant for citizenship who is not married to a British citizen not to have been

absent from the UK for more than 450 days in the 5 years before the application, nor for more than 90 days in the last year and to have been free of any restrictions on his stay under the immigration laws for the whole of the last year.

For those married to British citizens the maximum period of absence is 270 days in the last 3 years.

20.

A British Dependent Territories citizen is entitled, under section 4(2) of the 1981 Act, to register as a British citizen if the 5 year residence

criterion is satisfied.

For other applicants, there are additional requirements such as good character, sufficient knowledge of English and an intention on the part of the applicant to make his principal home in the UK. The Home Secretary has to use his judgement in deciding whether these requirements are met.

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