BACKGROUND NOTE
Macau
1. Residents of Macau are eligible to naturalise as Portuguese citizens after 6 years' residence in Macau, subject to good character, economic independence and ability to speak Portuguese (the last two criteria can be waived for persons of Portuguese descent). The President of Portugal last year told the Governor of Hong Kong that new passports would be issued sparingly in future on a "case by case" basis. Citizenship is transmitted to any child born in Hong Kong of a parent who has Portuguese citizenship.
2.
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Our understanding is that Portuguese nationality law, unlike our own, makes no distinction between those who derive their nationality status from a connection with a Portuguese- territory and from a Connection with Portugal administered itself. Residents of Macau are thus eligible to seek naturalisation and, if it is granted, are entitled to a full Portuguese passport and right of abode in Portugal. Like all other Portuguese nationals they enjoy freedom of movement in the EC, including the UK, subject only to transitional arrangements under which work permits are required in the UK until the end of 1992.
3. This is not a new situation but has only recently come to public attention because the Portuguese have begun issuing passports in the common EC format to nationals in Macau. But the possession of these passports does not confer additional rights on the holders. Their issue has however focused attention in Hong Kong on the fact that Portuguese nationals in Macau have greater freedom than British nationals in Hong Kong to travel and settle in the UK.
4.
The reasons for the difference are largely historical and constitutional. Portugal has always treated Portuguese nationals in overseas territories on a par with Portugal itself. British nationals in Hong Kong, by contrast, have not had the right of abode in the UK sicne the Commonwealth Immigrants Act 1962.
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