TNAG-2198-FCO40-3152-Hong-Kong-nationality-spouses-and-widows-of-British-expatria-1990 — Page 161

E.R.

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

(Hong Kong) Bill provides as you know for the grant of British

citizenship to a limited number of key people and their

dependants in both the public and private sectors in Hong Kong.

We concluded that it would not be right to include as part of this package an amendment to the British Nationality Act 1981 to

allow time spent in Hong Kong to count towards the 3 year United

Kingdom residence requirement for the spouses of British citizens

who wish to acquire British citizenship. The whole basis of the

British Nationality Act 1981 is that citizenship, for both men

and women, should involve a period of residence in this country.

For the spouse of a British citizen that period of residence 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 in such

matters as their general character.

For the most part, we expect that the wives of expatriate British

citizens will achieve settlement and, eventually, quality for citizenship in the normal way if they, in due course, accompany their husbands to the United Kingdom. However special

arrangements apply for British citizens serving abroad in Crown or designated service. The spouse of such a person can be

naturalised under section 6(2) of the British Nationality Act

1981 without a period of United Kingdom residence if the

employing organisation can show that this would be in its, and the United Kingdom's, interests.