TNAG-2203-FCO40-3158-Hong-Kong-nationality-package-legislation-to-restrict-the-ri-1990 — Page 4

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CONFIDENTIAL F.i. t

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RJ Codrington

South Asian Department

29 March 1990

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20 JUL 1990 FUTURE OF THE BRIGADE OF GURKHAS: IMMIGRATION ASPECTS

Mr Whomersley, Legal

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REGISTRY

1. You asked for the latest state of play on legislation to restrict the entitlement of Gurkhas to UK citizenship or rights of settlement once they become a predominantly UK based force.

2. MOD, who are leading on this with the Home Office, tell us that three steps are needed:

a)

A change to the Immigration Rules: the Home Office are working on this and are likely to introduce a change along with other immigration legislation in mid-1991.

b) Amendment to the British Nationality Act (BNA): The parliamentary handling of an amendment to the BNA was discussed at a meeting on 5 March chaired by Cabinet Under Secretary, Mr Mowers. Following a decision not to use the Hong Kong Bill as the legislative vehicle, the BNA amendment is to be dealt with either through the Armed Forces Bill or in a stand alone bill. MOD favour the latter, to ensure that the Armed Forces Bill remains non-contentious. The Lord President has decided to delay a decision pending further consideration on how controversial the amendments are likely to be, and to see how contentious the Hong Kong Bill (which is due to be introduced this session) proves to be. The Cabinet Office are concerned that a separate Gurkha Bill closely following the Hong Kong Bill would unhelpfully focus parliamentary attention on immigration issues.

c) A statement by the Home Secretary disapplying the Long Residence Concession: Under the current concession, which is outside the Immigration Rules, a Gurkha could return to the UK after his discharge in Nepal and, on the basis of the time he had spent here with the Armed Forces, claim a right to residence. The statement would be used to provide the basis for refusing any such application.

3. We have asked MOD to keep us informed.

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RJ Codrington

CONFIDENTIAL