TNAG-2189-FCO40-3126-Hong-Kong-nationality-package-1990 — Page 178

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(iii) in marriage cases there is a requirement that the marriage was not entered into "primarily to obtain admission to the United Kingdom" (paras. 47 and 50 of the Immigration Rules);

(iv) a person granted leave remains liable to be deported under section 5 of the 1971 Act on the grounds set out in section 3 (5) and (6)

of that Act.

Routes to British citizenship for BDTC's under BNA 1981

2.8 At present under the BNA, a BDTC must, as a general rule, take up residence in the UK before he can acquire British citizenship. Section 4(1) and (2) provides that a BDTC is entitled, on application for his registration as a British citizen, to be registered as such a citizen if (broadly speaking)

2.9

(a) he has been in the UK for five years (subject to

certain permitted periods of absence);

(b)

(c)

he had ILR in the 12 months prior to his application;

he was not in the UK in breach of the Immigration Rules at any time during the five-year period.

There are two ways of by-passing these requirements

(a)

section 4 (4) allows the Secretary of State, in effect, to waive the requirements in (a) to (c) if he thinks fit "in the special circumstances of any particular case". This provision is not a general power of dispensation and it has been interpreted restrictively

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