TNAG-2644-FCO40-3837-Emigration-from-Hong-Kong-overseas-rights-to-abode-and-passp-1992 — Page 103

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Immigration and Nationality Department

Nationality Division 3rd Floor India Buildings Water Street Liverpool L2 0QN

Telephone 051-236 4723

Mr N P Carter

Southern European Department Foreign & Commonwealth Office,

London

SW1A 2AH

Milagro again,

HKD 341/3

17 FEB 1992

UFS* O***

Yes but this

Lauke certainly Spark a

Fee 4.1.4

ind

Your reference

Our reference

Date

F/R/A 2

$427/2

NTY/90 387/759/1

•Constitutio

Not quite, Hole staffluenctions; a complexe waiver might" reader the exercise of discretion

Dear Mr Carter as fod" Gibralter shinde 'un should

think carefully before

garing

dain this

route.

GIBRALTAR : HONG KONG IMMIGRANTS

10 January 1992

Ma noris

J'agree

they can't stop then! Highlighted part is the only treat they have

As you know, Carol Kellas passed to me for comment the letter dated 14 November which you received from Mr Hill, assistant to the Deputy Governor of Gibraltar. I am sorry that I have been unable to reply earlier.

First, I agree that it will be possible for a BN (0) to apply on or after 1.7.97 for naturalisation as a BDTC in Gibraltar. Moreover, a judiciously timed visit to the Territory after 1.7.92 would ensure that even the unwaivable requirement for naturalisation under section 18(1) of the British Nationality Act 1981 to have been in the territory at the start of the 5 year qualifying period would be met (S. 18(2) cases are likely to be rare).

Nationality Division's view on the main point at issue, however, is that Gibraltar should be cautioned against believing that it is acceptable to dispense altogether (or even for the most part) with the residence requirements specified in paragraph 5(2)(a) and (b) of Schedule 1 of the British Nationality Act 1981.

The purpose of these requirements is to enable an applicant to demonstrate personal (not merely financial) connections with the territory whose citizenship he seeks and to facilitate an assessment of his character and future residence intentions, and it is our view that major absences ought not to be waived unless an applicant has based himself (and his family) in the territory and there are truly extenuating circumstances of a compassionate or occupational nature to excuse absences on this scale. These criteria apply a fortiori where consideration is being given to waiving substantial excess absences in the final 12 months where the absences in the overall qualifying period also exceed the statutory limits.

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