TNAG-2198-FCO40-3152-Hong-Kong-nationality-spouses-and-widows-of-British-expatria-1990 — Page 219

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Regardless of the small numbers involved, we do not believe that permitting Hong Kong to be treated as part of the UK for the purposes of the 3-year residency requirement would be considered controversial or unreasonable by the British public. In fact it is our experience that most British people are surprised to learn that our spouses have no residency or citizenship rights in the UK whilst they remain in Hong Kong.

The major concern facing British citizens settled in Hong Kong married to non-British subjects is that they have to return to the UK for the spouse to gain any rights at all. If the British partner were to die before returning to the UK the spouse would be left high and dry. This is the case even if there are children of the marriage, who would themselves of course be full British citizens. Given the uncertainties facing Hong Kong the prospect of the spouse being left here, unprotected and possibly separated from the children is for most people intolerable.

It is the British Government's stated position that a major objective of the proposed nationality package will be to encourage people to remain in Hong Kong. Current legislation actually encourages people in our position to leave Hong Kong in order to protect their families' futures. A desirable policy objective could be achieved with a most minimal and uncontroversial amendment to the current rules. If this is not done we know that many British citizens in this position will leave.

It is also the Government's stated position that special consideration will be given to those with special ties to the UK. Other than moving to Britain, what greater tie can there be than to be married to and the parent of a British citizen? Yet it is to stop key people leaving Hong Kong that this package addresses itself.

It is a result of this very tie to Britain that we share an additional concern particularly in the event of our death: Events in China over the last 30 years, and again most recently, indicate that those connected At least he with Britain may find themselves unwelcome, or worse.

of children as British citizens will be able to leave if they are independent age. But what are the prospects for a surviving spouse infant children?

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It has been alleged in the past that, if our request were to be granted, the way would be open for "abuse by those seeking to use marriage, to circumvent immigration control". We refute this argument. We contend that it is very easy for a responsible official to determine whether a marriage is one of substance or not. We will be most open and cooperative in dealing with any enquiries that may be made. Given the small number of people in our situation we also contend that the administrative hurdles to overcome would be modest.

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