TNAG-2644-FCO40-3837-Emigration-from-Hong-Kong-overseas-rights-to-abode-and-passp-1992 — Page 107

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

5.

4.2

ANNEX C

to Chapter 18

(continued)

The waiving of absences on this sort of scale should not be done without consulting SEO and noting the case.

All cases involving consideration of the exercise of discretion for the reasons at c. and d. in paragraph 4.1.2 above should be sent to Policy Section for noting on completion, whether the application is granted or refused.

Excess absences in the final year

5.

70

1

In section.6(1) cases we should normally only exercise discretion over absences in the final year if the future intentions requirement is met (see Annex G). If that requirement is met and in section 6(2) cases the following should apply:

5.1.1 Total absences not exceeding 100 days

normally disregarded.

.5.1.2. Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if applicant has demonstrated links, through the presence here of family an established home and a substantial part of his estate.

5.1.3 Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are not met consider disregarding only if:

5.1:4

a.

b

the applicant has demonstrated that he has made this country his home by establishing his home, family and a substantial part of his estate here; and by showing that he is domiciled here for tax (see paragraph 4.1.2); and

or by

the absence is pirstified by brown service or there are/compelling business or compassionate reasons- -to justify the absence, taking account of the examples at

X

c. and d. in paragraph 4.1.2 above (decision at HEO SEO Y level bere as appropriate).

where the residence

Total absences exceeding 180 days should not normally be

waived (see peragraph tits belowler requirments over the. fall 5(3) year grobifying perhod are met consider disregarding if the criteria in 5:13 are met (remo ats to love)

ette

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