TNAG-2050-FCO40-2920-Visits-by-Lord-Caithness--Minister-of-State-for-Foreign-and--1990 — Page 47

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During the Second Reading of the British Nationality (Hong Kong) Bill on 19 April, the Home Secretary gave a further assurance that the widow or widower of a British citizen who was resident in Hong Kong at the time of his or her death would be allowed to settle in the UK at any time as if coming here as the spouse of a British citizen. To benefit from this assurance, the widow or widower must still be resident in Hong Kong and not have remarried.

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We do, however, understand the concern of expatriates that their spouses should be able to obtain some evidence of their status and an assurance that if they decided to come to the United Kingdom an application for the necessary entry clearance would be processed speedily. As Lord Ferrers announced in the House of Lords on 23 July, we are therefore making arrangements whereby the spouse of a British citizen resident in Hong Kong may approach the Hong Kong Immigration Department who act for us in entry clearance matters evidence of the marriage. The details will be noted in a register of non-British citizen spouses of British citizens and the spouse will be given a formal letter issued on behalf of the Home Secretary confirming that the holder is married to a British citizen. The letter will explain that the spouse is eligible to settle in the United Kingdom provided that the requirements of the Immigration Rules are met. It will also include an assurance that a later application for entry clearance will be given priority treatment in view of the information which has already been noted. The Home Office are still finalising the details of this, but we hope it will be possible to start providing this service very soon.

As you know, the British Nationality (Hong Kong) Act 1981 is based on the principle that British citizenship, for both men and women, should involve a period of residence in this country. For the spouse of a British citizen, that period is 3 years and is designed to ensure that the non-British spouse has some links with the United Kingdom independent of marriage and that he or she meets the requirements of the 1981 Act to be of good character.

For the most part, we expect the wives of expatriate British citizens will achieve settlement and, eventually, qualify for ctizenship in the normal way if they, in due course, accompany their husbands to the United Kingdom. However, special arrangements apply for British citizens

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