TNAG-2198-FCO40-3152-Hong-Kong-nationality-spouses-and-widows-of-British-expatria-1990 — Page 109

DRAFT REPLY FOR MR LLOYD'S SIGNATURE

TO MR MICHAEL MORRIS MP

Thank you for your letters of 2 May and 15 May to David Waddington enclosing this one from Mr Julian Walsh, the Chairman

of the Concerned British Expatriates Society, about the immigration and nationality position of the spouses of British citizens resident in Hong Kong.

I should first emphasise that British citizens' spouses do, of course, have the right to come to this country with their husbands or wives for settlement at any time, either before or after 1997, provided that they qualify for admission under the

Immigration Rules. In practice very few spouses seeking admission from Hong Kong find these tests difficult to meet.

Having said this, we fully appreciate the point you made about the possibility of the spouse of a British citizen being stranded in Hong Kong in the event of the British partner's death. With this in mind, the Home Secretary gave an assurance during the Second Reading of the British Nationality (Hong Kong) Bill 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 United Kingdom at any time, either before or after

1997. To benefit from this assurance the widow or widower must still be resident in Hong Kong, not have remarried, and not have a citizenship from somewhere other than China or Hong Kong.

The basis of this undertaking is to ensure that the spouse of a British citizen would not be stranded in Hong Kong in the event of the British partner's death. Such considerations do not of course apply where the spouse is already resident elsewhere, or has citizenship of a third country. In these circumstances, the widowed spouse of a British citizen would have to qualify for admission either in his or her own right (for example, as a businessman, a person of independent means or a work permit holder) or as the dependent of a relative who is already settled

here.

Turning now to the nationality position, the British Nationality