TNAG-2944-FCO40-4220-Future-of-Hong-Kong-nationality-dependants-wives-and-widow-1993 — Page 107

38-JUN-1993

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Consideration

1990 Act

The fact that successful applicants for British citizenship under the Selection Scheme set up under British Nationality (Hong Kong) Act 1990 do not need to meet any UK residence requirements confuses the issue.

The Selection Scheme is an objective, points based system with no discretionary aspects relating to individuals. The wives and widows are unable because of age, economic circumstances etc. to gain enough points under the Scheme to qualify for British citizenship and therefore fall to be considered against the 1981 Act criteria.

1981 Act

Under the 1981 Act British citizenship is restricted to those having close links with the United Kingdom (through birth to a British citizen or long residence here, for instance.) There are very limited openings for anybody living overseas to acquire it. The first generation born abroad can inherit citizenship automatically from a British citizen parent or it can be obtained by those who have a parent working in Crown Service overseas at the time of their birth. There is no scope under the legislation for the wives and widows to become British citizens while they remain in

in Hong Kong. We have examined the 1981

1981 Act carefully but can see no provision under which they might be accommodated. All the possible options require either UK residence or service by the individual for the Crown

overseas.

Residence requirements/Home Secretary's discretion

These are as set out in Schedule 1 to the 1981 Act, and consist essentially of five years' residence in the UK (three if married to a British citizen); presence in the UK on the date five/three years before the application date; and absences of no more than 450/270 days in that period, of which no more than 90 should be in the final year. The Home Secretary has discretion to waive excess absences but there is no discretion to waive the requirement for the applicant to have been present in the United Kingdom 5/3 years before the application date.

Immigration assurance

The Government has recognised the contribution made by the ex-servicemen by granting their wives and widows the right to settle in the UK whenever they wish. They have no desire to come here, however. Most of them are

are now elderly, frail

travel.

In these circumstances it is difficult to

is difficult to see what extra benefit they hope to achieve through British citizenship.

and

unable

to

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