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Volume 175: debated on Thursday 28 June 1990

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To ask the Secretary of State for the Home Department what categories of non-United Kingdom spouses of United Kingdom citizens resident in Hong Kong will have their United Kingdom residential qualifications for naturalisation waived or modified under schedule 1, paragraph 4(d) of the British Nationality Act 1981.

Paragraph 4(d) of schedule 1 to the British Nationality Act 1981 enables the Secretary of State, if he thinks fit in the special circumstances of a particular case, to waive the three-year United Kingdom residence requirement for naturalisation in respect of the spouse of a British citizen serving abroad in Crown or designated service for which he was recruited in the United Kingdom.In practice we would not normally expect to waive the United Kingdom residence requirement unless the marriage had subsisted for three years; the spouse was unable to meet the United Kingdom residence requirements for the foreseeable future; and the employing organisation was able to show that naturalising the spouse would be in the interests of the organisation and its service to United Kingdom interests.

To ask the Secretary of State for the Home Department when a decision is to be taken on the applications of Mrs. Aswat Jan and Atlas Khan to enter the United Kingdom, referred to him on 26 November last by our post in Islamabad Refs: K157032 and K147580; and if he will make a statement.

The entry clearance officer in Islamabad has now been authorised to issue entry clearance to Mrs. Aswat Jan. Atlas Khan's application is being considered under the terms of the concession announced by my right hon. Friend the then Home Secretary on 14 June 1989 at columns 461–62. A decision will be taken as soon as possible.