TNAG-2944-FCO40-4220-Future-of-Hong-Kong-nationality-dependants-wives-and-widow-1993 — Page 101

See HUD 340/6 (114

BY FAX

25 August 1993

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Faxed 25/8

by Comecen

4/25.

DIED I

BROT

Foreign & Commonwealth

Office

London SWIA 2AH

16

Dr Simon Vickers

Security Branch

Government Secretariat

Hong Kong Government

Dear Simon,

Telephone: 071-

MUD

340/8

RECE

26 AUG 1993

INDE.

BRITISH CITIZENSHIP FOR WIVES AND WIDOWS OF EX-SERVICEMEN

You will recall that Mr Goodlad wrote on 21 July to Mr Wardle at the Home Office. Mr Wardle has now responded.

1.

2. "

HUD 340/6

迎

He has said that there are two absolutely unavoidable naturalisation requirements which the ladies in this group would have to meet. These are: physical presence here on a date 3 (or if widowed 5) years before the date of application, and freedom from immigration time restrictions on the actual date of applications. Mr Wardle writes that a brief visit to the United Kingdom on the appropriate date would satisfy the first of these requirements - on the assumption that the candidate has been granted settlement then the second requirement would also be met.

3

The stumbling block as far as the group in question is concerned, is that Home Office legal advice is that a very brief period of residence (ie the first day of the 3 or 5 year qualifying period) would be insufficient to satisfy the residence requirements (see paragraph 4). Mr Wardle has told Mr Goodlad that within the normal Home Office procedures, Mr Wardle would seek to exercise discretion as generously as possible, once any of the wives and widows come to the United Kingdom to apply for citizenship through the channel open to them. But citizenship could not be granted until the qualifying period was up, and this would mean clocking up a substantial period of residence in the United Kingdom.

4.

On the Home Secretary's discretion to excuse absences laid down in schedule 1 to the 1981 Act (this, you will recall, provides that absences should not exceed 450 days in the 5 year period,

270 in the 3 year period,

and 90 days in the final 12 months), the Home Office takes the view that it would not be right to exercise this discretion to such an extent that it emptied the residence requirement of all meaning. Discretion would need to be exercised in the light of the individual circumstances of each case.

lt.vickers25.NAT

JEB

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