Immigration and Nationality Department
Nationality Office 3rd Floor India Buildings Water Street Liverpool L2 0QN
Telephone 051-236 4723
NP Carter
Southern European Dept.
FCO
London
SW1A 2AH
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Date
NTY/90 387/759/1
20 January 1993
Dear Carter
See forio @
Thank you for your letter of 8 December copying to me the further correspondence from Mike Hill in Gibraltar about Hong Kong nationals who wish to obtain British citizenship in return for investment in Gibraltar.
It is not that we are being inflexible and unbending on these cases. I fully understand Gibraltar's concern and the positive effect on their economy which their proposals might make, but I am afraid that any flexibility we might have is restricted by the terms of the British Nationality Act 1981. As I explained in my letter of 14th April, we cannot be flexible and nor can the Governor of Gibraltar - about the requirement to be physically present in a dependent territory on a date 5 years before an application is made because that requirement of the Act is unwaivable. It would require primary legislation to alter it and there are no plans for this in the foreseeable future.
Similarly, although in certain circumstances the Secretary of State and by delegation the Governor of Gibraltar
may waive excess absences during the 5 year qualifying period, our legal advisers say that there must be at least some residence and that each case should be considered on its merits. To decide to waive excess absences for a particular group or class of applicants in advance in return for investment would therefore be unlawful.
The best we can suggest is that the investors visit Gibraltar, make periodic trips over the five year period and then apply for citizenship. I regret that we cannot be any more helpful than
this.
Cours sincerely
Abtahmiley
A WALMSLEY
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