TNAG-2198-FCO40-3152-Hong-Kong-nationality-spouses-and-widows-of-British-expatria-1990 — Page 125

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The difficulty with the solution you propose is that it would involve an amendment to the British Nationality Act to enable the residency requirements to be varied under certain specific circumstances. But the potential problem which is of course to you and fellow members of your Society is of course one which is faced by British expatriates all over the world. After very careful consideration, the Home Office have concluded that it would be impracticable to make an amendment to the Act relating solely to Hong Kong; and that it would be equally impracticable to amend the Act in a general way so as to meet your particular concerns.

As Mr Renton makes clear in his letter, the Home Secretary may however exercise his discretion to waive all UK residency requirements in certain circumstances, which are described in the leaflets referred to in Mr Renton's letter. In addition to these circumstances, it is also possible to request that the Home Secretary exercise his discretion in a case where the applicant has been in the UK on any given date 3 years before the application. period of absence between that date and the date of the application for naturalisation may in such circumstances, and at the discretion of the Home Secretary, be set aside.

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I trust that this is of some help. While this cannot of course provide the certainty which you and fellow members of your Society would undoubtedly much prefer, I hope that it will at least serve to alleviate some of your anxieties.

GEOFFREY HOWE

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