CONFIDENTIAL FAX
From Attorney General's Chambers
Ref.
in
AGC ADY 5037/38
MEMO
To Secretary for Security.
(Attn: Mr Simon Vickers)
Tel. No.
Dote
867 2200
31 August 1993
Your Ref.
....in...
dated
BRANCH
British Citizenship
War Widows and Wives
Meeting with Home Office Legal Adviser
I met with the Home Office Legal Adviser, Mr Clive Osborne on 24 August ană discussed with him our respective interpretations of the requirements for registration and naturalisation under sections 4 and 6(2) respectively of the British Nationality Act 1993.
2. that there
He told me that his advice thus far has been are two mandatory elements in the requirements, firstly that the applicant must have been present in the United Kingdom at the beginning of the period of five years ending with the date of application and secondly that in exercising his discretion to waive the residential requirements the Secretary of State must not rob the requirements of all effect.
3. be
He accepted that an applicant does not have to ordinarily resident in the United Kingdom at the date application although as a matter of policy that would be the normal position and has recommended that the Secretary of State should exercise his discretion generously when considering the waiver of time limits in these cases.
4.
I argued that since on the face of the legislation the Secretary of State had a discretion to waive all the residential requirements, the requirements would only be robbed of all effect, if he purported to make
a general waiver and that it would not be incompatible with the apparent intention of the legislation to waive the whole of the required period of residence in a small number of wholly exceptional cases.
that
5.
It appears to me that the Home Office will accept a minimal period of residence to satisfy the requirements of the provisions. Without knowing whether would be acceptable to all or any of the applicants it was not possible to take the matter any further; but if it is not acceptable, Mr Osborne undertook to review his advice in the light of our discussions.
SECURITY
3612
CONF'DENTIAL
3. 1 AUG 1993
GOVER
"VERNMEN
RECISINI
PS/GH
AG
(I Wingfielő Crown Solicitor
CONFIDENTIAL #52
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