TNAG-2644-FCO40-3837-Emigration-from-Hong-Kong-overseas-rights-to-abode-and-passp-1992 — Page 106

ANNEX C

to Chapter 18

(continued)

4.1.3

4.1.4

amounted to pore thom twice those tatuetmily allowed during

also look for:

a.

b.

c.

years residence

(without substantial

at least 2(1) absences) prior to the 5(3) year qualifying period. If the period to be disregarded is greater than 730 (450 days) the period of prior residence should be at least

3(2) years; Q

the excess absences were due to postings abroad in Crown service under the government of the United Kingdom for example as a member of HM Forces; or Gisbsa ni

nomade savo

the excess absences were an unavoidable consequence of the nature of his career, for example he is a merchant seaman (decision at HEO level or above); or

A

d. there are exceptionally compelling reasons of a business or compassionate nature to justify naturalisation now, including for example because the applicant has a firm offer of a job for which British citizenship is statutory or professional requirement decision at SEO level or above).

If it is clear from the information we have that the above requirements are met the excess absences may be disregarded. In other cases it may be necessary to make enquiries (eg by way of the questionnaire and stock letter N331G/N331H).

The Home Secretary is constantly under pressure to extend the range of absences which he is prepared to waive. Legal advisers say that he could not exercise discretion so as to waive the entire residence requirements and there would come a point, if the absences he was waiving were too extensive, when the exercise of discretion might become unlawful. Ministers have regularly refused cases where the applicants' absences were more than half of the qualifying period and any V refused and applicant with absences on this sealt should invited to re-apply when he is better. able to bring himself within the statutory requirements. ́ APPLICANTS SHOULD NOT BE TOLD THAT WE MAY WAIVE UP TO HALF OF THE QUALIFYING PERIOD. TWIEE THE NUMBER OF DAYS' ABSENCE STATUTOFILY ALLOWED.

3

TANTORILY

A/L, 1010

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