TNAG-2050-FCO40-2920-Visits-by-Lord-Caithness--Minister-of-State-for-Foreign-and--1990 — Page 94

ii)

that the parties to the marriage have met and intend to live permanently together; and

iii) that the parties can maintain and accommodate themselves and their dependants adequately without recourse to public funds.

In practice very few spouses seeking admission from Hong Kong find these tests difficult to meet. In 1989, 320 spouses and fiance (e)s in Hong Kong were granted entry clearances to settle in the UK on the basis of marriage to British citizens resident in Hong Kong, and only 6 applications were refused.

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.

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 - with evidence of the marriage. The details wil 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