TNAG-1899-FCO40-2697-Future-of-Hong-Kong-briefing-1989 — Page 108

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

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9.

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 five 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 three years.

10. A British Dependent Territories citizen is entitled to register as a

British citizen if the residence criteria are satisfied. For other applicants,

there are other 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.

11. In general, the Home Secretary expects applicants for citizenship to meet the statutory requirements as to residence. Each case, however, is looked at

on its merits at the time when the application is made, and the Home Secretary is prepared to exercise his discretion flexibly with regard to periods of

absence. He recognises that, for businessmen in particular, there may be good

reasons for long absences from the country. An applicant who has firmly established himself and put down roots in the UK is unlikely to have difficulty

in obtaining British citizenship.

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