TNAG-2198-FCO40-3152-Hong-Kong-nationality-spouses-and-widows-of-British-expatria-1990 — Page 196

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 to be of good character.

For the most part, we expect that the wives of expatriate British citizens will achieve settlement and, eventually, qualify 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.

You also asked me what was the legal basis of the undertaking given by the Home Secretary at Second Reading. The Immigration Rules, which are made under section 3(2) of the Immigration Act 1971, regulate the entry into and stay of persons in this country.

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