London, 23 January 1973
Secret
Immigration Rules
THE HOME SECRETARY said that the Immigration Rules had now been redrafted in two separate parts, one dealing with Commonwealth citizens and the other with European Economic Community (EEC) and other non-Commonwealth nationals. There were no modifications of any importance in the Rules for EEC and non-Commonwealth nationals, apart from the fact that citizens of the Republic of Ireland would be dealt with by these Rules, as they affected treatment after entry, and not by the Commonwealth Rules. More substantial changes had been made in the Rules for Commonwealth citizens, the most important being a provision that a Commonwealth citizen who could establish that he had a grandparent born in the United Kingdom would be able to obtain a certificate granting him entry clearance, which would enable him to come to this country in order to find work or to settle. This arrangement fell short of the provision in the 1971 Immigration Act regarding those who had a parent born in this country, in that a certificate of entry would have to be obtained in advance and the individuals concerned would remain liable to deportation. Nevertheless, it would confer a benefit on large numbers of Canadian, Australian and New Zealand citizens, even though in practice only a relatively small number might wish to take advantage of it. The possibility that the Anglo-Indian community in India might seek to exploit it had been carefully examined. There might be a few thousands of such individuals; but there had been little indication that they wished to come to the United Kingdom and they seemed unlikely to present a serious immigration threat. If, however, there should be undue pressure from this or any other quarter, the Immigration Rules, unlike an Act, could be changed by a simple and speedy Parliamentary process. Moreover, the grand-patriality provision had the further advantage that it could be used to enable husbands or finances of women settled in this country to obtain admission if they could satisfy its requirement. In so far as these concessions, both of which were based on the birth of a grandparent in the United Kingdom, might attract the criticism that they deliberately favoured the Old Commonwealth it would be necessary to defend them on the ground that they were based on recent family connection with this country and not on a colour preference.
It was also proposed to raise from three to five years the maximum period for which young people might remain here on working holidays; and, although it was necessary to retain the provision that they should be admitted initially only for 12 months, the Rules would make it clear that the initial admission would normally be for this period and that only in exceptional cases would it be shorter. By far the largest number of young people spending working holidays in the United Kingdom came from the Old Commonwealth countries. If citizens of the New Commonwealth were to show signs of taking advantage of the proposed provision in large numbers, it would have to be reconsidered. The Rules would also make it clear that admission for visits would normally be for not less than six months.
Informal consultation with a representative number of the Government’s supporters suggested that these amendments should attract sufficient support to meet the objections which had been advanced, in the interests of the Old Commonwealth, to the earlier version of the Rules and should ensure Parliamentary approval of the Rules as they would now stand.
The Cabinet—
1. Took note with approval of the changes which the Home Secretary proposed to make in the Immigration Rules.
[ matter omitted ]
[UKNA: FCO 50/484]