Discrimination Of Right of Abode Persons

Posted on August 6, 2010

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Section 15 of the 2006 explanatory notes state the following:-

“EMPLOYMENT
The provisions:
• create a power for the Secretary of State to apply a civil penalty, determined by a
Code of Practice, to an employer of an adult subject to immigration control who
has not been granted leave to enter or remain, whose leave is invalid, has ceased
to have effect (whether by reason of curtailment, revocation, cancellation,
passage of time or otherwise) or whose conditions of entry or stay prevent them
from undertaking the employment.”

The 2006 Regulation Section 8 states
8. A certificate of entitlement shall cease to have effect on the expiry of the passport or travel document to which it is affixed.

The Certificate of Entitlement states the following on it
“Valid for presentation at a United Kingdom port within the validity of the passport”

A person who has the right of abode does not lose this right just because their passport expires. The certificate is not a work permit and has nothing that says to that effect and yet contrary to the 1971 primary legislation the UKBA have applied both direct and indirect control over a persons right to work.

“All those who are in this Act expressed to have the General
right of abode in the United Kingdom shall be free to live in, principles.
and to come and go into and from, the United Kingdom without
let or hindrance except such as may be required under and in
accordance with this Act to enable their right to be established
or as may be otherwise lawfully imposed on any person.”

The UKBA is blatently hindering the rights of such person by using the expiry of their travel document to control such persons right to work.

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